Beach Data End User License Agreement
I. End – User License Agreement
1.1. This Beach Data End User License Agreement (“Agreement”) sets forth the terms and conditions governing the use of Beach Data application downloaded from AppStore or Google Play or otherwise acquired by you (the “App”) that is designed to operate on any device (tablet) you own or control which runs any mobile operating system (“Device”).
1.2. By using the Beach Data application, you agree to be bound by the terms and conditions of this Agreement.
1.3. The Beach Data application, including any content data, photographs, text, images, graphics etc. (the “App”) is owned by Mr. Jaroslav Bartoš, Ohradni 1454 - 25168 Kamenice (Czech Republic), (the "Licensor").The App is protected under copyright laws and international copyright treaties. The App is licensed to the End User ("you" or "your" or “End User”), not sold.
1.4. Provided that you agree with the following License Terms the App can be downloaded free of charge to your Device to record data of your current Beach Volleyball´s match (“match”). For extended use of the App, which includes full content of the App (in particular data and statistics relating to other played matches) you have to activate a user account on www.beach-data.com and, get respective license and pay license fees from our offer on www.beach-data.com as per your own choice.
1.6. You must also comply with the usage rules established by any Service Providers that apply to your Device ("Usage Rules"). Such Usage Rules are incorporated herein by reference. It is your responsibility to determine what Usage Rules apply to your use of the App, as they may be applicable to you depending on (i) your Device, (ii) the method by which you downloaded or otherwise acquired the App. Any third party Device platform or the third party from whom you are downloading this App may make it a condition of their agreements with you, that the App made available through such distribution service, be downloaded, installed and used only on certain proprietary handheld software platforms operating on a Device.
1.7. The App is provided under the following license and are subject to the following terms and conditions which are agreed to you, on the one hand, and Licensor on the other hand:
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING OR OTHERWISE SUBSCRIBING TO THE BEACH DATA APP. BY USING OR OTHERWISE ACCESSING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS.
II. License Terms and Conditions
2.1. Grant of license
Licensor grants to you a non-transferable, non-exclusive and revocable license to:
install one copy of the App on your Device and use the App for recording of your current match without payment of any additional fees,
for use of the full content of the App as per article 1.4. above, you may continue using the App only if you activate a user account on www.beach-data.com and if you pay respective License Fees as per your own choice from the offer stated on www.beach-data.com
and you shall be obliged to use the App according to the terms and conditions set forth in this Agreement.
The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by Licensor in writing, you acquire no right, title or license in the App or any data, software, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Licensor or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App. Licensor may provide Updates and/or support. If provided by Licensor, Updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize Licensor to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App.
In consideration for your access to the App and the license granted hereunder, you are responsible for payment of any and all applicable subscription fees that may be applicable to the App, as determined by Licensor on the website www.beach-data.com which are subject to change from time to time. Licensor may terminate this Agreement and your license immediately upon any failure by you to pay any required subscription fees. In addition, you are responsible for any applicable charges and fees associated with any data plan fees or other subscription charges or fees of any kind whatsoever that may be required by your Carrier to access the License.
2.3. User Accounts and Registration
Two User Accounts are available:
When the TEAM Account is activated you can register 1 coach, 1 assistant and 1 team (2 players). The data into the App shall be recorded either by coach or by assistant, which means that you will be granted 2 accesses into the App, i.e. data may be recorded on two different Devices (tablets).
License fee for use of the TEAM Account is specified on the internet page www.beach-data.com (“License Fee for TEAM”). You can choose from two options:
three months License Fee for TEAM – term of the license will be three months,
twelve months License Fee for TEAM – term of the license will be twelve months
When the GROUP Account is activated you can register 1 coach, up to 5 assistants and 3 teams (3x2 players) and you will be granted 6 access points to the App, i.e. the data may be recorded on six different Devices (tablets).
Record of the data into the App is subject to valid registration, e-mail, password and a Device where the App has been installed.
License fee for use of the GROUP Account is specified on the internet page www.beach-data.com (“License Fee for GROUP”). You can choose from two options:
three months License Fee for GROUP – term of the license will be three months,
twelve months License Fee for GROUP – term of the license will be twelve months
Validity of a license for TEAM or GROUP may be repeatedly extended, subject to payment of the respective license fees.
Price List of License Fees is specified on the webpage www.beach-data.com and Licensor reserves the right to publish new list of License Fees, reflecting change of the market conditions or promotion actions.
The teams, which you have already registered, are set – up on your Device as default teams to provide you a higher level of comfort when recording the data, but you can record any match of any team, no matter which teams have been already registered on your account.
For a valid registration you will be asked to provide the following data:
For a Coach: name, surname, nationality or place of pernament stay in case that he/ she pernamently stays in a country which is different from the country of which he/ she is a national, e-mail, password, confirmation of the password, date of birth.
For Assistant/s: name, surname, e-mail, password, confirmation of the password, date of birth.
For Players: only name and surname, which will be chosen by the coach as per default offer from database of players.
After payment of the respective License Fee and activation of your own User Account You log into your User Account via your e-mail and password.
2.4. Payment Terms
Payment for license to use the App will be effected from the internet page www.beach-data.com via a payment gate. The amount corresponding to the License Fee for GROUP or License Fee for TEAM (as per your choice) shall be paid by registered End User, who activated his/her User Account in the position of a coach via secure payment gate to the bank account of the Licensor, specified on the internet page www.beach-data.com.
As soon as respective License Fee has been paid by you, you shall be activated respective User Account and you will be granted the license to use the App in the full extent for the period of validity of the respective license.
2.5. No Warranty
This App (including the content data) is provided to you "as is", and you agree to use it at your own risk. Licensor makes no guarantees, representations or warranties of any kind, either express or implied, arising by law or otherwise, including, but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the App.
2.6. Disclaimer of Warranty
LICENSOR DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY OR NON-INFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY LICENSOR SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
2.7. Disclaimer of Liability
LICENSOR SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FORM THE USE OR POSSESSION OF THE PRODUCT; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS PRODUCT, ANY DEFECT IN THE PRODUCT OR DATA, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In particular, but not limited to, Licensor is not liable for:
any decisions made by you in connection with use of the App, e.g. team strategy in a match, estimates made in respect of the other teams etc.,
any payments for data roaming charged in connection with use of the App or any other fees charged by the data carrier,
for any damage caused to your Device, SW installed or data and files saved in your Device, due to downloading or using of the App,
LICENSOR´S TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APP OR THE DATA SHALL NOT EXCEED EUR 1. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
2.8. Disclaimer of Endorsement
Reference to any products, services, processes, hypertext links to third parties or other data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Licensor.
2.9. Ownership of the App
You acknowledge and agree that Licensor owns all right, title, and interest in or, if applicable, licenses to the App, including, but not limited to, all trademarks, data, and content, except to the extent any such third-party content data is owned by the respective third-party data provider. Any reference to products, services, processes, hypertext links to third parties, or other data by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Licensor.
This Agreement is effective until such time as:
If applicable to your specific App license, your subscription term is either terminated (by you or by Licensor) or expires. You shall have access to your User Account for the term of the license (as per paid License Fees). If you fail to renew (extend) the license, you will have access to your User Account for the period of 3 months after expiry of the license term. After expiry of this 3 months´ period, the Licensor can use the data as per his discretion,
the Agreement is otherwise terminated in accordance with the terms and conditions of this Agreement,
Licensor may terminate this Agreement for any reason and disconnect you from use of the App, including, but not limited to, if Licensor:
finds that you have violated any of the terms of this Agreement or if you:
use the App for illegal purposes,
misuse the App for non – ethical conduct or conduct which substantially breaches commonly acknowledged principles of fair play,
trade with the data acquired by use of the App,
attempts to disrupt, compromise of discredit operation of the App or good will of the Beach Data name,
undertakes or encourage hacker attacks against the App or its users,
undertake any other illegal steps in connection with the App or undertakes any other steps which might reasonably cause damage to the Licensor, other users of the App or third persons.
In addition, this Agreement may be terminated also upon the termination of the agreement between Licensor and any third-party who enables downloading of the App (such as AppStore or Google Play).
All provisions relating to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licenses granted hereunder.
Licensor reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users and thirty (30) days after notification (including by posting a notice on the website www.beach-data.com) for current users. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App following the thirty (30) day notice period constitutes your acceptance of those changes.
At all times during the Term and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity any Confidential Information of Licensor or any of its third-party data providers. "Confidential Information" means any trade secrets or confidential or proprietary information whether written, digital, oral, or other form which is unique, confidential, or proprietary to Licensor or its third-party data providers, including, but not limited to, the App, and any other materials or information related to the business or activities of Licensor which are not generally known to others engaged in similar businesses or activities. You shall return to Licensor any of its Confidential Information upon request and/or upon termination of this Agreement.
You agree to indemnify, defend and hold Licensor (including his suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the App (including third-party content data).
2.14. Entire Agreement
These terms and conditions constitute the entire agreement between Licensor and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
2.15. Governing Law
The above terms and conditions shall be governed by the laws of the Czech Republic without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the Czech Republic for any and all disputes, claims and actions arising from or in connection with this Agreement.
The Licensor shall not use the data, which have been recorded by an End User when using the App data for any trade purposes. However you agree by acceptance of this Agreement that the data can be used for general analysis and statistic purposes and for improvement of the App and services provided by the App.
You agree by acceptance of this Agreement that Licensor may publish the names of the End Users (teams, assistants, coaches) on his Beach Data websites, face book profile and promotional leaflets.
This Agreement constitutes the entire understanding and agreement of the parties and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. No delay or failure by Licensor to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment of any provision hereof will be effective against Licensor unless it is in a signed writing by Licensor. You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of Licensor. Subject to the foregoing, this Agreement will bind and inure to the benefit of the successors and permitted assigns of the parties. If any provision of this Agreement or the application thereof to any party or circumstance is held to be invalid, illegal, or unenforceable in any respect, that provision to the extent permitted by law (not otherwise) shall be severed from this Agreement and shall not affect the remainder hereof, and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. Licensor shall not be liable to you for a failure to perform any of its obligations under this Agreement during any period in which such performance is delayed due to circumstances beyond its reasonable control.