SoccerDesk

Terms and Conditions of Use

Introduction

This website under the domain name soccerdesk.com (“Website”) is operated by SnapScore s.r.o., company registered in the Czech Republic, with its registered office at Rybná 716/24, 110 00 Praha 1, Czech Republic, business ID number: 081 65 955, registered in the Commercial Register maintained by Municipal Court in Prague, file no: C 314055, contact email: info@soccerdesk.com (“we” or “us”). The physical and e-mail address above serves for all communication.

It is vitally important for you as our Website users (“User” or “You”) to read these Terms and Conditions of Use (“Terms”) carefully, as your use of the Website will automatically constitute your agreement to be legally bound by the Terms set out herein. Each time you use the Website, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the Website. The following words used in these Terms shall have the following meanings:

  • “3rd–Parties” include all partners and affiliate vendors that are included on, or linked to, the Website;
  • “Civil Code” means the Act No. 89/2012 Coll., the Civil Code, as amended, of the Czech Republic;
  • “Content” has the meaning attributed to it in section “Protection of the Website Content” below;
  • “Customer Protection Act” means the Act No. 634/1992 Coll., Customer Protection Act, as amended, of the Czech Republic;
  • “Personal Data” shall mean all data and/or information provided by and about User, including e-mail address, first name and last name.

Any rights not expressly granted in these Terms are reserved.

No warranties

Website and all materials, information and services included in the Website, are provided “as is,” with no warranties expressed or implied. We expressly disclaim, fully permitted by law, express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for particular purpose and non-infringement of proprietary rights. We disclaim any warrantied regarding the security, reliability, timeliness and performance of the Website. We disclaim, any warranties for any information or advice obtained through the Website. We disclaim any warranties for services received through any links provided by the Website. We also disclaim any warranties for any information received through any links on the Website.

We do not make any warranties or representations regarding any data, service and/or information provided or made available on the Website or on any external linked website. In particular, we do not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.

We do not warrant that materials, services or information on the Website are appropriate or available for use outside the Czech Republic.

Limitation of liability

First and foremost, while we make reasonable efforts to include accurate and up-to-date information, we specifically disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the Website, either now operating or created in the future. We disclaim any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Website.

In no event (including our own negligence) will we be liable for any:

  1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  2. loss of goodwill or reputation;
  3. special, indirect or consequential losses; or
  4. damage to or loss of data

regardless of being advised of the possibility of such losses or not.

User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Website. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We may modify, suspend, discontinue or restrict the use of any portion of the Website, including the availability of any portion of the content at any time, without notice or liability.

The data provided by us may be used only for private purposes and cannot be used commercially for business purposes. We are not responsible for the accuracy of the results, any content on the site and for the data transmission. Any error in the results data does not establish our liability to Users.

The User understands and agrees that they download or otherwise obtain material or data using the Website at their own discretion and risk and that they will be solely responsible for any damages to their computer system or loss of data that results from the download of such material data.

We and our Website, are not responsible or liable for actions of any 3rd-party or for any damage to, or virus that may infect User´s computer equipment or other property.

Without limiting the foregoing, under no circumstances we shall be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning. We shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the Website or through the services provided. User understands and agrees that we are not responsible for any damage or loss incurred as a result of any such dealings. We are under no obligation to become involved in disputes between Users of our Website, or between Users on our Website and any 3rd-party.

Nevertheless, nothing in these Terms shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by Civil Code); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

Protection of the website content

Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, datasets, photos, video, graphics, and the entire content of the Website (“Content”) may be subject to copyright as a collective work under Czech law, European law and international treaties. Based on our copyright, we may select, coordinate, arrange and enhance such content, as well as the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the Content, in whole or in part. Except as otherwise expressly permitted under mandatory statutory provisions of law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of any Content will be permitted without our express written permission and the copyright owner, respectively. Content may be also protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

You are permitted to print and download extracts from this Website for your own private use on the following basis:

  1. no documents or related graphics on this Website are modified in any way;
  2. no graphics on this Website are used separately from accompanying text; and
  3. any and all of our copyright and trade mark notices and this permission notice appear in all copies.

Copyright Infringement

In accordance with Czech law, European law and International treaties, any notifications of claimed copyright infringement should be sent to us immediately. We suggests that you consult your legal advisor before filing a notice.

Permitted and prohibited use of the website

User is prohibited from the following activities:

  1. Employing any mechanisms, software or scripts when using the Website. However, the User may use the interfaces or software provided by us within the scope of the services available on our Website and in accordance with these Terms;
  2. Blocking, overwriting, modifying and copying of any contents of the Website.
  3. Distributing or publicly disclosing the contents of the Website or any of its terms, without written permission from us, or
  4. Performing any actions that may impair the operability of the Website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software

Illegal/Criminal Activity: Website may not be used in connection with criminal or civil violations of Czech law, European law, or international treaties, regulations, or other government rules or requirements. Such violations also include theft or infringement of copyrights, trademarks, or other types of intellectual property.

Security Violations: Website may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; webscrapping; conducting denial of service attacks; and distributing viruses or other harmful software.

Basic Security: User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.

Indirect Access: A violation of these Terms by someone having indirect access to the Website through a User will be considered a User’s violation, whether or not with User’s knowledge or consent.

It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside of the Czech Republic, you do so at your own risk and you are responsible for compliance with local laws.

Violation of obligations

Violations of these Terms may result in immediate suspension of your access to our Website including its services, immediate temporary or permanent filtering, permanently blocked access or other action appropriate to the violation, as determined by us, in our sole discretion.

When feasible, it is our preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by us in our sole discretion. We may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.

Unsolicited idea submission notice

We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send us any original creative artwork, samples, demos or other works. The sole purpose of this notice is to avoid potential misunderstanding or disputes when our services might seem similar to ideas submitted to us by others. We ask that you do not send your unsolicited ideas to us. If, despite our request that you not send us your ideas and materials, you still send them, please understand that we make no assurances that your ideas and materials will be treated as confidential or proprietary and simultaneously you grant us a worldwide, transferable, sub-licensable, non-revocable license to use the sent ideas and materials without any limitation of purpose whatsoever.

Personal data protection

We take the privacy and security of Personal Data very seriously. As a controller, we are responsible for processing your data. As such, we have prepared Privacy and Cookie Notice (“Notice”) to provide you with information about the Personal Data we gather about you and how we use it. You can access the Notice here. These Terms work hand-in-hand with the Notice.

Governing law, dispute resolution and jurisdiction

These Terms shall be governed by and construed in accordance with the law of the Czech Republic. Any conflict of laws rules and/or principles that would require application of the laws of another jurisdiction do not apply.

Disputes arising in connection with these Terms between you and us shall be subject to the exclusive jurisdiction of the courts of the Czech Republic. If a claim is brought by us, we also retain the right to bring proceedings against you in your country of residence, registration or business or any other relevant country, in particular where any damage or loss has been incited, caused or took effect.

Alternative dispute resolution for consumers

Within the meaning of the provisions of Art. 14 of the Customer Protection Act we hereby inform Users that they may commence an alternative dispute resolution by filing a complaint to Czech Trade Inspection in case a dispute arises from the contract concluded under these Terms.

We hereby also inform our Users that a European online consumer dispute settlement platform has been set up and can be consulted at: http://ec.europa.eu/consumers/odr/ (the so-called ODR platform). Through this ODR platform, consumers can consult the list of ADR authorities, find out their Internet address and initiate the online proceedings with a view to achieve an out-of-court settlement of the dispute, they are involved in.

In any event, the customer retains the right to refer his/her case directly to the general court having the jurisdiction to hear and rule on disputes arising from these Terms, regardless of the outcome of the out-of-court dispute settlement procedure, and at the same time, if the relevant prerequisites are met, make use of the possibility to propose an out-of-court settlement of a consumer dispute through the procedures set out in Art. 20n et seq. Consumer Protection Act.

In the event of a dispute, User agrees to release us and our officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Miscellaneous

If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the our benefit.

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

Some jurisdictions do not allow the exclusion of implied warranties, so the exclusions as stated in these Terms may not apply in all cases. The User may also have other rights that vary from jurisdiction to jurisdiction.

Section Titles: The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

No person other than the parties to these Terms are intended to benefit from them pursuant to the Civil Code.

Contact Information: Our contact details are as follows:

SnapScore s.r.o., Rybná 716/24, 110 00 Praha 1, Czech Republic; email: info@soccerdesk.com.

You may use the above contact details for any complaints regarding violations of these Terms by a User. In such case include details that would assist us in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission). Notices and counter-notices with respect to this Website should be sent to the above address as well. We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at the designated address, too.

These Terms represent the entire understanding between the User and us and supersedes any prior statements or representations. The User agrees to the Terms of this online agreement, by using the Website, its services and understands that it is entering into a binding and legal agreement with us.

These Terms were last updated, and became effective, on 1 December 2020.