Subiaco App Terms Of Use

Terms of Use:

 

The following Terms of Use applies to all services offered by Subiaco Football Club through The Subiaco Football Club mobile application (hereinafter collectively referred to as “the app”) and the website http://www.subiacofc.com.au/ (all taken together, the “Service”).

The Service is owned and operated by Subiaco Football Club. The Service is offered subject to you (hereafter referred to as “User”) having accepted without modification of all of the Terms of Use contained herein and all other operating rules, policies and procedures that may be published from time to time on the Service by advertisers (businesses, entities or persons) using the Service to promote itself.

By using or accessing any part of the Service, User confirms that it, on downloading and installing the application on their mobile phone accepts and agrees to be bound by these, and future amendments of these, Terms of Use. Furthermore, User can consult the Terms of Use at all times via the Terms of Use button on the application and upon the User’s request, the Terms of Use will be sent to the User (electronically) free of charge. The application of any other general Terms of Use is hereby expressly excluded.

No Warranties

Subiaco Football Club do not warrant that: (i) its Application will be constantly available, or available at all; (ii) that the information in this Application is complete, true, accurate, or (iii) your opt-out choices will be successfully executed in all cases. Subiaco Football Club does not warrant that the Application is free of defects or errors.

Limitations of Liability and Indemnification

THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL SUBIACO FOOTBALL CLUB BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SUBIACO FOOTBALL CLUB, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.

Unenforceable Provisions

If any provision of this Agreement is or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.

Ownership of Intellectual Property and Limited License

All intellectual property to this Application, including all Application material, is protected by copyright, trademark, or patent laws, and is licensed to Subiaco Football Club. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Application. All trademarks, service marks and trade names are licensed by Subiaco Football Club, who in turn grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Application to a mobile devise via a web browser or Apple App Store or Google Play Store; use this Application as herein set forth; copy and store this Application and the material on this Application in your web and/or mobile phone browser cache memory; and print pages from this Application for your own personal and non-commercial use. Subiaco Football Club does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by Subiaco Football Club.

Use and Prohibited Use Restrictions

You may use the Application only for your own personal, non-commercial use. You are strictly prohibited from and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without Subiaco Football Club’s prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.

Enforcement of Copyright and Protection of Intellectual Property

If Subiaco Football Club discovers that you have used its copyrighted or other protected materials in contravention of the terms of the license above, Subiaco Football Club may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of Subiaco Football Club’s copyright or protected materials that contravene or may contravene the terms of the license above, immediately report this by email to info@subiacofc.com.au

Governing Law and Dispute Resolution

This Agreement shall be governed by and shall be construed in accordance with the laws of Western Australia, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located within the county of Western Australia.

Contact Information

Subiaco Football Club may be contacted by mail at PO Box 436, LEEDERVILLE 6903, or by email at info@subiacofc.com.au. Our phone number is +61 8 9208 9999.