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FASTEST LIVE SCORES API - TERMS AND CONDITIONS These terms and conditions of sale which govern the use of the Fastest Live Scores API (hereinafter referred to as the "Services") which the Seller shall be providing. The Customer must read and accept these Terms and Conditions before having access to the Fastest Live Scores API. The Services can be accessed through the Fastest Live Scores dashboard https://customer.fastestlivescores.com (hereinafter referred to as the "Dashboard"). These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Dashboard’s homepage. These Conditions may only be varied in writing signed by a duly authorised representative of the Seller and of the Customer The Services are supplied to the Customer by CrowdScores Ltd. (hereinafter referred to as "CrowdScores"). CrowdScores can be contacted at sales@crowdscores.com ----------------------------------------------------------------- DEFINITIONS In these Conditions: “Conditions” means Terms and Conditions of Sale; “Customer” means the person, firm or company buying Services from the Seller; “Dashboard” means the website where the Customer can register and manage their Subscription to Services; “Services” means the services being supplied to the Customer by the Seller; “Seller” means CrowdScores Limited; “Subscription” means the contract for sale of Services between the Seller and the Customer incorporating these Conditions ----------------------------------------------------------------- 1. ACCEPTANCE OF THE TERMS & CONDITIONS OF USE The use of the Dashboard and/or the Services entails the Customer’s full and complete acceptance of these General Terms and Conditions of Use, without any reservation. Any qualified acceptance is considered as null and void. Customers who do not accept to be bound by the General Terms and Conditions of Use must not access the Dashboard or use the Services. AVAILABILITY 2.1 All Service availability dates and milestones given by the Seller are in good faith but the Seller will not have any liability to the Customer for any delay in achieving agreed milestones. 2.2 The Seller will notify the Customer when the Services are available. Use of the Services is deemed to occur when the Customer into their own site or service. 2.3 If the Customer fails to use the Services no refund on the purchase price is due to the Customer unless this is agreed in writing signed by a duly authorised representative of the Seller and of the Customer. 2.4 The Customer will be responsible for integrating the Services into their own site or service at their own cost. IMPLEMENTATION & INSTALLATION 3.1 All Services will be installed by the Customer in accordance with the instructions issued by the Seller which accompany the Service. The instructions for use are available here: (http://docs.crowdscores.com/) 3.2 The Seller will have no liability to the Customer or any third party if the Customer does not comply in all respects with the Seller’s instructions or if the Services are used or installed in abnormal or unusual circumstances. 3.3 If the Customer requests advice from the Seller with respect to implementation or installation the Seller will have no liability for a recommendation unless it is in writing and signed by a duly authorised officer of the Seller and is given in response to a written request from the Customer. PAYMENT AND SUBSCRIPTION FEES 4.1 The Subscription to the Services is available in plans which are selected by the Customer in the Dashboard. The fees and features of each Subscription is indicated on the Dashboard. The Subscription fee is based on various criteria, such as but not limited to, the number of football competitions or the number of API requests per hour over a month. Unless otherwise stated, the fees are exclusive of VAT. 4.2 The Customer can upgrade Subscription at any time through the Dashboard. To downgrade Subscription the Customer must give notice in writing to sales@fastestlivescores.com. There will be no refunds or credits for partial months of Service or upgrades. 4.3 The Seller may change the fees and payment policies for the Services by notifying the Customer in writing by e-mail at least 30 days before the change takes effect. When effective, the new fees apply upon the renewal of the Subscription. The Customers who do not accept the new fees must cancel their Subscription according to the provisions set out in Article 5. Customers who continue to use the Services after the entry into force of the new fees shall be deemed to have accepted them. 4.4 The payment of the Subscription fee is carried out by recurring monthly payment from the Customer’s credit or debit card. The recurring monthly payment is implemented by the secured payment service provider Stripe. The fee for the Subscription is due and the recurring monthly payment is taken out on the day of the first Subscription, then on the date of each Subscription renewal. The Customer guarantees to the Seller that they have all the necessary authorizations to use the chosen payment method. 4.5 Customers are hereby informed and expressly agree that any payment delay of all or part of an amount within the framework of their Subscription and these Conditions, at is due term, shall automatically entail, without prejudice to the provisions set out in Article 18 and without prior formal notice: 4.5.1 Forfeiture of the term of all amounts payable by the Customer in question, that will become immediately due; 4.5.2 Notwithstanding clause 4.5.3 the Seller, without affecting any other remedy which it may have, will be entitled to cancel the Subscription and/or suspend any further deliveries of Services if any payment is not made on the due date by the Customer; 4.5.3 The Seller reserves the right to charge interest on any overdue payment at the rate of 4% per annum above the Base Rate of Royal Bank of Scotland Plc for the time being in effect, calculated in a daily basis on the outstanding balance from the TERM OF THE SERVICES AND SUBSCRIPTION 5.1 The Services are accessible in the form of a subscription (hereinafter referred to as the "Subscription"). Subscription begins on the day of subscription, subject to payment of the fee set out in Article 4, for a duration of 1 (one) month, from date to date. It is then automatically renewed for successive periods of 1 (one) month, from date to date, unless notice of termination is given by either CrowdScores or the Customer as provided below. Customers can cancel their Subscription in their Dashboard at the latest on the day before the term of the current Subscription month. CrowdScores can cancel a Customer’s Subscription in writing by sending an email to the Customer with at least a 15 (fifteen) days notice. This cancellation shall be effective at the end of the month during which the one notice has ended. Subscription cancellation is effective upon expiration of the last Subscription month and causes the automatic deletion of the Customer’s Account, along with all corresponding stored and indexed data. Any Subscription month started is due in its entirety. The Subscription applies to a single Application, in its web and/or mobile form and on any platform (i.e. for the web Application: the Subscription applies to a single domain name). The Customer undertakes to refrain from using the Services for another application than the one for which the Subscription has been originally subscribed. 5.2 The Customer’s Subscription explicitly states: 5.2.1 the number of competitions they can access from the Sellers data within the API; 5.2.2 the frequency of requests they can make to the Sellers API per hour over the period of a single month In the event of any breach by the Customer of the conditions of the Subscription above, the Seller shall automatically entail, without prejudice to the provisions set out in Article 18 and without prior formal notice. 5.3 Customers who Subscribe to a Service without limitation on the number of competitions or API requests must adhere to CrowdScores Fair Usage Policy: 5.3.1 CrowdScores’ policy towards Fair Usage is that Customers should be able to use the Service in an appropriate manner to meet the needs as presented by their Subscription to the Service. A small amount of customers Customers could use an excessive amount of the server bandwidth at peak times, to the extent it can impair the performance for others. For this reason The Seller have a fair usage policy designed to ensure your service stays fast and reliable 24 hours a day; 5.3.2 The Seller monitors the Customer’s usage to ensure they are not in breach of the fair usage policy; 5.3.3 If a Customer’s usage is continually excessive, unfair, affects other Customer’s enjoyment of the Seller’s Service, or is not consistent with the usage we would typically expect on that Customer’s current Subscription, the Seller shall automatically entail, without prejudice to the provisions set out in Article 18 and without prior formal notice. REGISTRATION ON FASTEST LIVE SCORES API DASHBOARD 6.1 In order to use and Subscribe to the Services, Customers must register on the Dashboard by completing the registration form. Customers must provide all information that is marked as being required. Incomplete registrations shall not be validated. Registration in the Dashboard automatically entals the opening of an account in the Customer’s name. Customers guarantee that all information they provide in the registration form is exact, up to date and sincere and is no way misleading or dishonest. Customers guarantee that this information is updated in the Dashboard in the event that any of it should change in order to continuously meet the above-mentioned criteria. Customers are hereby informed and accept that the information provided by them for the creation or update of their Subscription is valid proof of their identity. Details entered by the Customer shall be binding upon confirmation. 6.2 Customers agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf. Customers are responsible for keeping their dashboard username, password and API Key confidential. Customers must contact CrowdScores immediately in writing by e-mail if they notice that their account has been used without their knowledge. Customers acknowledge CrowdScores’ right to take all measures it deems appropriate in all such cases. SERVICES AVAILABLE Subscription to the Services allows Customers to have access to the following, in a format and according to the technical means that CrowdScores deems the most appropriate. For the purpose of the present Conditions, CrowdScores API, together with the documentation and, more generally, andy software development provided by CrowdScores and corresponding documentation. 7.1 CrowdScores provides an API that enables the implementation of real-time football data in a mobile or web application. The features of the API are described in the documentation available through the Dashboard. The Customer has access to their API Key and documentation through the Dashboard. WARRANTIES AND LIABILITY 8.1 The Services are provided “as is” and the Seller and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The Seller will not be liable for any damages of any kind arising from the Customer of the Services, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of these Services are not warranted to be uninterrupted or without error. We make no warranty that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. The Seller uses great efforts to ensure the accuracy, correctness and reliability of the Services, but we make no representations or warranties as to the Services’ accuracy, correctness or reliability. 8.2 If the Customer notifies the Seller immediately it becomes aware of any problem with the Services which appears, the Seller will work to correct any fault in the Services as quickly as possible. 8.3 Any warranties given above will not apply to defects which are due to: 8.3.1 failure by the Customer to adhere to the Seller’s instructions or written recommendations; 8.3.2 failures due to the Customer’s own equipment, communications infrastructure or program code; 8.3.3 technical failures outside the Seller’s direct control 8.4 Under no circumstances will the Seller have any liability to the Customer for any loss or damage (whether direct, indirect or consequential and whether in contract or in tort) except as expressly stated in these Conditions. The Seller retains legal liability for any death or personal injury that is due to the negligence of the Seller. 8.5 The total limit of the Seller’s liability to the Customer shall under no circumstances exceed the total value of the transaction to date between the Seller and the Customer. FORCE MAJEURE The Seller will not have any liability to the Customer if it is prevented from supplying the Services on account of force majeure which includes, but is not limited to, extreme weather conditions, act of God, war, terrorism, fire, flood, strikes or difficulty in obtaining materials and labour. In any of these circumstances, the Seller reserves the right to suspend or cancel their subscription for Services by giving notice to the Customer. 10 INTELLECTUAL PROPERTY 10.1 All HTML, CSS, javascript, images and data produced by the Seller as part of the Services remain the intellectual property of the Seller and are protected by copyright. After conclusion of the subscription of Services, the Customer is not permitted to reference the final results, top scorers, game stats, team stats, squad lists, group tables, league tables, and other football data obtained through the Fastest Live Score API Service on their own site or service. 10.2 The Seller reserve the right to take all necessary steps to protect the Customer against any claims that the Services infringe any intellectual property rights of a third party. The Customer will promptly notify the Seller of any such claim and will fully co-operate with the Seller and permit the Seller to conduct the defence of any proceedings. Under no circumstances will the Customer settle any such claim without the previous written consent of the Seller. 10.3 The Seller retains the right to use the Customer’s name and logo in marketing materials relating to the Customer’s use of the Seller’s Services. NOTICES Any notice to be given by either party to the other shall be in writing and sent by first class post, electronic mail or delivered by hand. Notice sent by post shall be treated as delivered after two working days for UK deliveries and 5 working days for international deliveries. Notice delivered by hand or electronic mail will be treated as delivery on the day of delivery unless this occurs outside normal UK working hours, in which case delivery will be effective on the next working day. ASSIGNMENT AND SUBCONTRACTING 12.1 Neither party will assign any of its interests in the subscription to Services without the prior written consent of the other. 12.2 The Seller may, at any time, sub-contract all or part of its obligations with respect of the manufacture and delivery of Services. CUSTOMER DEFAULT If the Customer: commits a breach of the conditions of the subscription to the Services; or fails to make a payment on the due date; or becomes insolvent or has a liquidator, receiver or administrative receiver appointed then, in any such case the Seller shall be entitled to suspend the supply of Services or, at its option, to cancel the Contract and not deliver any Services for which payment has not been received in full. The Seller shall also have this right if it reasonably considers that any of the events mentioned (a), (b), or (c) above are likely to occur. SEVERANCE If any provision of these Conditions is held by a court to be unenforceable, the remaining provisions of the subscription to Services will continue in effect. GOVERNING LAW The subscription to Services and Conditions shall be governed by the laws of England DISPUTES Any dispute between the parties shall be finally determined by the course of England and Wales and the parties agree to submit to the jurisdiction of those courts. 17. PERSONAL DATA CrowdScores practises a policy of protection of personal data, the characteristics of which are detailed in CrowdScores’ Privacy Policy, SANCTIONS In the event of a breach by a Customer of any of the provisions of these Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, CrowdScores reserves the right to take any measures it deems appropriate and in particular: To suspend access to the Services for any Customer who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement; To inform any relevant authorities; To commence and prosecute any legal proceedings. In the event of a breach by a Customer of a substantial obligation stipulated in these General Terms and Conditions of Use, CrowdScores reserves the right to immediately cancel the Customer’s access to all or part of the Services, effective immediately in writing, by letter or email. The cancellation will cause the automatic deletion of the Customer’s Account, without prejudice to the other consequences that may be set out in the present General Terms and Conditions of use. AMENDMENTS CrowdScores reserves the right to amend these General Terms and Conditions of Use at any time. When effective, the amended General Terms and Conditions of Use apply upon the renewal of the Subscription. Any Customer that does not agree with the amended General Terms and Conditions of Use must unsubscribe from the Services according to the provisions set out in Article 5. Customers who continue to use the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments. 20. EFFECTIVE DATE These Terms and Conditions become effective on 1st October, 2015.
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