Last Updated: 1st February 2020
Please take your time to carefully read these Terms of Service (or Terms, as further described in Section 1.4) since they contain information on your legal rights, remedies and obligations. By accessing or using Tournament Finder’s Services, you hereby agree to bound by and comply with these Terms where they are applicable to you.
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1.1 Tournament Finder’s features, offerings and products are available (i) online via various Tournament Finder properties including without limitation, tournamentfinder.co.uk, tawnyfinder.co.uk, sevensunion.com and tawnyfinder.com; (ii) off platform, including without limitation, sponsorship and marketing QR codes, entry management, or distribution services; (i and ii) are collectively referred to as our “Services” or “Tournament Finder Properties”. The Terms outlined in this document apply to any Site(s) on which they are posted; in cases where other terms or agreements are instead posted, those terms take precedence where conflict with these Terms exists. The “Site Content” (or “Content”) includes but is not limited by material such as text, data, design elements, editorial content, formatting, look and feel, images, videos, photographs, graphics, music, sounds and other content delivered via the Services or made available by Tournament Finder with the use of its Services. Material you provide while using the Services or otherwise contribute, post, or make available is “Your Content.
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The term “Organiser,” within these terms means the event creators who use the Services to create tournaments that are displayed on Tournament Finder’s Services for consumers using our Services (i) to consume information about or attend Tournaments (“Consumers”), or (ii) for any other reason. Organisers, Consumers and third parties that use our Services are all collectively referred to in these Terms as “Users,” “you” or “your.”
When the term “Tournament Finder,” “we,” “us,” or “our,” is used in these Terms that refers to Tournament Finder Limited and its affiliates, and subsidiaries, and each of its and their respective officers, agents, directors, employees, and partners.
1.3 If you are an Organiser offering Tournaments with paid entry, Tournament Finder’s Organiser Refund Policy Requirements and Merchant Agreement are also applicable to you. If you are an Organiser or Consumer, Tournament Finder’s Community Guidelines are applicable to you. If you are a third party interacting with our Services not as an Organiser or a Consumer, the API Terms of Use or Trademark and Copyright Policy may be applicable to you. Please check for additional content detailing further terms and conditions that may display certain Services that you intend to use, as these will also be applicable to you. By agreeing to these Terms of Service, you acknowledge you have read the Privacy Policy applicable to all of Tournament Finder’s Users. We may on occasion provide you with services that have not described in these Terms of Service: therefore you acknowledge, unless we have entered into a separate signed agreement, that expressly supersedes these Terms of Service, these Terms of Service will apply to those services as well.
1.4 The Terms of Service outlined in this document and the other documents referenced in them (including in Section 1.3 above) comprise Tournament Finder’s “Terms.” These Terms are a legally binding agreement between you and Tournament Finder and as such govern your access to and your use of the Services. These Terms set out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. Please do not use or access the Services, if you do not agree to these terms. If you use the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and thus you agree that you have permission and/ or authority to represent them. In such a case, “you” and “your” will refer to that entity as well as yourself.
2. Tournament Finder’s Services and Role
2.1 Tournament Finder’s Services provide a means for Organisers to create Player, Team, and Tournament profiles, profiles of organisers, and other webpages related to their tournaments, promote those pages and tournaments to visitors or browsers on the Services as well as elsewhere online, manage online registration, and sell or reserve merchandise or accommodations related to those tournaments to Consumers or other Users. Further details of other and specific services can usually be found on the Site of the individual Tournament Finder Properties.
2.2 Tournament Finder is not generally the owner, organiser or creator of the Tournaments listed on the Services unless it is clearly shown on the event that this is the case (if you are unsure if it is a Tournament Finder event please contact us at [email protected]). Rather, in the majority of cases Tournament Finder provides its Services, that allow Organisers to manage registration, ticketing as well as promote their tournaments. The Organiser of a tournament on the Services is solely responsible for ensuring that any page displaying a Tournament on the Services (and the Tournament itself) meet all applicable UK as well as any local laws, rules and regulations, and that the goods and services described on the Tournament page are delivered as described and in an accurate satisfactory manner. The Organiser of a paid Tournament selects the payment method for its Tournament as more fully described in the Merchant Agreement. Consumers must use whatever payment method the Organiser selects. If the Organiser selects a payment processing method that uses a third party to process the payment, then neither Tournament Finder nor any of its payment processing partners processes the transaction. If the organiser choosing to take payment through the Tournament Finder site, Tournament Finder does not handle any of the funds processed in its own accounts. Tournament Finder acts as a third party in the transaction, where its role is to introduce the parties and to inform mangopay when to release the payments to the organisers. Since, all transactions with mangopay are charged any refunds will have a deposit deducted to cover these costs.
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- Consumer and Privacy Information
3.1 Your personal information is very important to use because we know that it is very important to you. The information that you provide to us or collected by us via Tournament Finder Properties is governed by our Privacy Policy
3.2 As an Organiser, you represent, agree and warrant that (i) you will comply with UK laws, as well as local laws, rules and regulations with respect to the information that you collect from (or acquire via other means) consumers at all times, and (ii) you will comply with all applicable policies that are posted on the Services with regards to information collected or acquired from consumers.
4. Term; Termination
4.1 As soon as you access the Services by any means these terms will apply to you and they will continue to apply to you until they are terminated. Should you or Tournament Finder decide that it is best to part ways (as described in Sections 4.2 and 4.3 below) then these terms will generally no longer apply but some previsions will always remain applicable to both you and Tournament Finder, as described in Section 4.4
4.2 Tournament Finder may at any time exercise its right to terminate your right to use the Services (a) if you breach or otherwise violate these Terms; (b) if you abuse or otherwise misuse the Services, including uses the Services in a way that was not intended or permitted by Tournament Finder; or (c) if by allowing you to use and/or access the Services would violate any UK, or local laws, rules, regulations, or would expose Tournament Finder to any legal liability.
Tournament Finder may stop offering, modify or replace any portions or whole Service at any time. Tournament Finder will try to use reasonable efforts in order to provide you with a notice of our intended termination of access to our Services, where in the sole discretion of Tournament Finder, failure to do so would materially prejudice you. Should your right to use or otherwise access the Services be terminated you agree that Tournament Finder will not be liable to you or any third-party for any material or other loss that is a result of this termination.
4.3 Expect in cases where a separate written agreement between you and Tournament Finder exists, deleting your account is all that is required to terminate your access to the Services and in general the applicability of the Terms. In cases where you are a Consumer that only uses the Services without a registered account, you can remove your requirement to longer agree to these Terms by no longer accessing the Services indefinitely. Any use of the Services, even in cases where you do not have an account, these Terms remain in effect.
If you have a separate written agreement with Tournament Finder governing your use of our Services, then that agreement takes precedence. However, when that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after the expiration or termination.
4.4 Due to their nature some provisions (including, without limitation, licences, intellectual property protections, choices of law and judicial forum, agreements to arbitrate, disclaimers of warranties, indemnification obligations, releases, all and limitations on liability) of these terms should survive termination of these Terms and all Terms that can be considered within these categories will survive termination of these Terms.
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- Restricted Countries and Export Controls
As we strive to become a global company based in the UK, Tournament Finder complies with certain export controls and economic sanctions laws. All Users, regardless of your or the Tournament’s location should make yourself familiar with these restrictions. by accepting these Terms you warrant and represent that: (a) you are not a national of, resident of, or located in, any country to which the United Kingdom, European Union, Australia, Canada or United States of America has embargoed goods and/or services of the same type as the Services, including without limitation, Iran, Cuba, Syria, North Korea, or the Crimea region of Ukraine; and (b) you are not an entity or person, or owned by, under the control of, or affiliated with, a entity or person (i) that is listed on the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State’s Terrorist Exclusion List; the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List (ii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles; or (iii) that is subject to sanctions in any other country the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State’s Terrorist Exclusion List; the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List.
6. Release and Indemnification
In the following section it is outlined that you agree to cover Tournament Finder if you use the Service in a way that causes Tournament Finder to be the subject of a legal matter, or to face other claims or expenses.
6.1 Release. You hereby agree to release Tournament Finder from all losses, damages (whether indirect, direct, consequential, incidental or otherwise), costs, liabilities and expenses of every kind and nature, both unknown and known, that arise out of a dispute that is between you and a third party (including other Tournament Finder Users) that is in connection with the Services or any Tournament that is listed on the Services. Additionally, you waive any applicable stature or law, that stats, in substance:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
6.2 Indemnification.
You agree to indemnify, defend and hold Tournament Finder and each of its and its respective directors, officers, co-branders, agents, payment processing partners, licensors, other partners and employees, harmless from all and any damage (whether indirect, direct, consequential, incidental or otherwise), loss, cost liability, and expense (including, without limitation, accounting fees and reasonable attorneys’ fees) resulting from any demand, suit, claim, proceeding (whether before an arbitrator, mediator, court, or otherwise) or an investigation made by any 3rd party (each a “Claim”) arising out of or relating to: (i) your breach of these Terms and this includes any agreements , terms or policies incorporated into these Terms); (ii) use of the Services by you that are in violation of these Terms, or other policies that Tournament Finder post or otherwise make available; (iii) your breach of any applicable UK or local or other law, regulation, rule, or the rights of any third party; (iv) Tournament Finder’s remission and collection of taxes; and (v) if you are an Organiser of a tournament this indemnification will not apply to the extent that the Claim arises out of Tournament Finder’s gross negligence or wilful misconduct. Tournament Finder will provide notice to you of any such Claim, Tournament Finder in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. In addition, Tournament Finder may choose to handle the Claim ourselves, in a case such as this you agree to cooperate with Tournament Finder in any way we request.
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- Disclaimer of Warranties and Assumption of Risks by You
Tournament Finder strives to provide Services that are just what you need, however there are some things that we just cannot do and it is important that you understand this.
To the extent that is permitted by the applicable laws, our Services are provided on an “as is” and “as available” basis. Tournament Finder disclaims expressively all warranties of any kind, implied or express, including but not limited to, implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose. For example, Tournament Finder provides no warranty that (i) the Services (or any portion of) will meet your expectations or requirements; (ii) the Tournament Finder Services will be uninterrupted, secure, timely, or error-free; or (iii) the output that may be obtained from your use of the Services will be accurate or reliable.
You acknowledge that Tournament Finder does not guarantee the quality, and has no control over, safety, legality, or accuracy or of any tournament or Content associated with a tournament, the accuracy or truth or of any information provided by Users (including the Consumer’s personal information that may be shared with Organisers of a tournament) or any Users ability to perform or actually complete a transaction. Tournament Finder has no responsibility to you for, and hereby disclaims all liability arising from, the omissions or acts of any third parties Tournament Finder requires to provide the Services or an Organiser chooses to assist with a tournament.
You agree and understand that some tournaments may carry inherent risk, and by taking part in those tournaments, you choose to assume those risks voluntarily.
The foregoing disclaimers apply to the maximum extent permitted by UK law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by UK law.
8. Limitation of Liability
8.1 To the extent permitted by applicable UK laws, or as otherwise set forth herein, Tournament Finder and any entity or person associated with Tournament Finder’s provision of the Services (e.g., vendor, affiliate, employee, or strategic partner) (“Associated Parties”), will not be liable to you or any third party, for: (i) any incidental, indirect, consequential, special, exemplary or punitive damages, including, but not limited to, damages for loss of profits, use, data, goodwill, intangible losses, opportunity costs, or the cost of substitute services (even if Tournament Finder has been advised of the possibility of such damages); or (ii) Your Content. In addition, other than the obligation of Tournament Finder to pay out tournament Registration Fees to certain organisers in certain circumstances under the Merchant Agreement, and only in accordance with the Terms therein, the maximum aggregate liability of Tournament Finder or Associated Parties is limited to the following:
(i) for Organisers of tournaments with paid entry, and subject to the terms of the Merchant Agreement, the fees (net of Tournament Finder Payment Processing Fees and those of the payment provider used for the transactions) that you paid us in the three (3) month period that immediately precedes the circumstances giving rise to your claim; and
(ii) for Organisers of tournaments with free entry only, Consumers or other Users, (1) the total amount of all entries or registrations that you purchased or made through the Tournament Finder Services in the three (3) month period that immediately precedes the circumstances giving rise to your claim; or (2) if you made no such purchases, one hundred U.K pounds (UK £100).
8.2 There is nothing in these Terms that is intended to exclude or limit any warranty, condition, liability, or right which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain conditions, warranties or the limitation or exclusion of liability for loss or damage caused by wilful acts, breach of contract, negligence, or incidental or consequential damages or breach of implied terms. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
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- BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
THIS SECTION AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE TOURNAMENT FINDER SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (WHEN THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, REPRESENTATIVE, OR CONSOLIDATED ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, if this mandatory provision were absent, they would have the right to sue in court and have a jury trial. They also understand that, in some instances, the costs of arbitration could be greater than the costs of litigation and the right to discovery may be more limited in arbitration than it would be in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact usfirst. We will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the event that we are unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all claims or disputes under these Terms, with respect to our Services, or related to our relationship in small claims court (to the extent the claim qualifies) or through binding arbitration instead of in courts of general jurisdiction, and only on an individual basis. In no event may either you or we seek to resolve a dispute with the other as part of any purported class, representative, consolidated proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any other court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, arbitrability and enforceability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction and the interpretation and enforcement of this Section is governed by The Arbitration Act 1996, notwithstanding the choice of law set forth in Section 9(h) below.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be a broad outline for legal disputes between you and us. It includes, but is not limited to: (i) all claims that arise from or relating to any aspect of our relationship, whether based in tort, contract, ,fraud, statute, misrepresentation or any other legal theory; (ii) any prior agreement (including, but not limited to, claims relating to advertising) or all claims that arose before this; and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(d) Exceptions.
Aside this Agreement to arbitrate, either party may (i) bring an action on an specific basis in small claims court (to the extent the appropriate claim qualifies); or (ii) bring enforcement actions, validity determinations or claims arising from or relating to unauthorised use of intellectual property, theft, or piracy in a UK court in the UK Patent or Trademark Office to protect its Intellectual Property Rights (for sake of specificity “Intellectual Property Rights” refers to patents, moral rights, copyrights, trade secrets, and trademarks, but not privacy or publicity rights). In addition, the portion of any dispute or complaint relating to our participation in the US-EU or US-UK Privacy Shield Frameworks (or the framework that replaces this post-Brexit) is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section.
(e) No Class Actions.
YOU AND TOURNAMENT FINDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING OR CONSOLIDATED. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, REPRESENTATIVE PROCEEDING OR CONSOLIDATED AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Tournament Finder must be addressed to the following address (“Notice Address”) and must be sent by certified mail: Tournament Finder Limited Attn: Legal Department, Flat B, 27 Acris Street, London, United Kingdom, SW18 2QR, United Kingdom. Notice to you will be addressed to a mailing, home or payment address currently on record with Tournament Finder and must be sent by certified mail. If Tournament Finder has no records of such physical address, such notice may be delivered to your Tournament Finder account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Tournament Finder and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Tournament Finder may commence an arbitration proceeding.
(g) Arbitration Proceedings.
The arbitration will be governed by the Arbitration Act 1996, and be settled by a single arbitrator. All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability.
(h) Location of Arbitration Proceedings. If you are a Consumer, any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that is, when you are a Consumer whose residence is outside of the United Kingdom, the hearing will take place either in London, England or by phone or videoconference, at your option and as permitted by the rules outline by The court of London Court of International Arbitration (LCIA). If you are a business (i.e., your use of the Services were for commercial use), then unless Tournament Finder and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United Kingdom for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, London Court of International Arbitration (LCIA) will determine the location. Regardless of the manner within which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(i) Special Severability.
should any provisions of this Section 9 be found invalid or unenforceable for any dispute or claim, then, the entirety of this Section 9 will be null and void with respect to such dispute or claim and Section 22 will apply in lieu of this Section 9.
(j) Opt Out.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions outlined above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to [email protected], with the subject line, “ARBITRATION CLASS ACTION OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Tournament Finder also will not be bound by them.
10. Licence to the Tournament Finder Services
10.1 Licence to Services. We grant you a limited, non-transferable, non-exclusive, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely for the purpose of (a) browse the Services and search for, view, register for or purchase entry or registrations to a tournament listed on the Services; and/or (b) create tournament registration, organiser profile and other webpages to promote, track, manage, market, and collect sales proceeds for a tournament. Your use of the Services must be compliant with these Terms and in compliance with all applicable UK, local, and other laws, regulations, and rules. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service(including the Google Privacy Policy).
10.2 Without limitations on other restrictions, prohibitions and limitations that we impose (in these Terms and their accompanying documents), you agree you will not directly or indirectly (i) copy, translate, localise, modify, reproduce, port or otherwise create derivatives of any part of the Services; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or sequence, structure, and organisation of all or any part of the Services; (iii) rent, resell, lease, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorised manner; (iv) remove or alter any proprietary notices on the Services; or (v) engage in any activity that disrupts or interferes with the Services.
10.3 You agree that all our Site Content may be protected by trade secrets, copyrights, trademarks, service marks or other intellectual property and other proprietary laws and rights. Tournament Finder may own all the Site Content or portions of the Site Content may be made available to Tournament Finder via agreements with third parties. Site Content included in or made available through the Services is the sole property of Tournament Finder and is protected by copyright laws. You agree to use the Site Content only for functions that are permitted by these Terms and any applicable UK, local, or other law, rule or regulation. Any rights not expressly granted herein are reserved.
10.4 The service marks, logo, and trademarks of Tournament Finder (the “Tournament Finder Trademarks”) used and displayed in relation with the Services that are registered and unregistered trademarks or service marks of Tournament Finder. Other company, product and service names used in relation with the Services may be service marks or trademarks owned by third parties (the “Third Party Trademarks,” together with Tournament Finder Trademarks, the “Trademarks”). The Services offered will not be construed as granting, by implication, estoppel, or otherwise, any right or licence to use any Trademark displayed in relation with the Services without the prior written consent of Tournament Finder specific for each such use. Under no circumstance may the Trademarks be used to disparage Tournament Finder, any third party or Tournament Finder’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Tournament Finder approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Tournament Finder Trademark will inure to Tournament Finder ‘s benefit. Several issued patents and patents pending apply to the Services. The Site Content may also be protected by copyrights owned by Tournament Finder and/or third parties. Please be aware if you copy sections of the Services you are breaching these copyrights and patent rights.
10.5 All such sub-domains of Tournament Finder website are the sole property of Tournament Finder and we reserve the right to determine the design, appearance, functionality and all other aspects of any such sub-domains. Should Tournament Finder provide you with a sub-domain, your right to use the sub-domain will only continue while you are in compliance with the Terms, including without limitation, these Terms of Service and your event is actively selling on the Services.
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- Organisers must obtain Licences and Permits Organisers
If you are an organiser you and your affiliates must obtain the following prior to the tournament taking place and where necessary before the sale of registrations:
(a) All applicable permits, licences, and authorisations (collectively and individually “Licensure”) with respect to events hosted by you or your affiliates on the Services. Included within the Licensure but not limited to property operation permits and fire marshal permits;
(b) Guarantee that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable regulations, rules, laws, regulations, and ordinances;
(c) You will only request that Tournament Finder offer registration to a tournament after you have obtained any specific Licensures for such tournament, including, but not limited to, any regional, county, municipal or other local authority’s authorisation of the event, traffic engineering authorizations, fire department inspection reports, sanitary authorisation (if applicable), authorisation to receive minors (if applicable), and any other potential applicable authorisation; and you and your affiliates will maintain in force all such applicable Licensure for the entire period that you continue to use the Services.
(d) Without the generality of any release that has been provided under these Terms of Service being limited, as a material inducement to Tournament Finder permitting you to the access and use the Services, you hereby agree to release Tournament Finder, its subsidiaries, affiliates, and each of its and their respective parent companies, officers, subsidiaries, representatives, affiliates, shareholders, directors, agents, contractors, partners and employees from all damages (including those that are direct, indirect, incidental, consequential or otherwise), liabilities, losses, costs and expenses of every kind and nature, including, without limitation, attorneys’ fees, unknown and known, result from or in any way related with your or your affiliates’ Licensure, any failure to maintain or obtain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without in any way limiting your indemnification obligations outlined under these Terms of Service, you agree to indemnify, defend, and hold Tournament Finder, and its subsidiaries and affiliates, and each of its and their respective directors, officers, co-branders, agents, licensors, payment processing partners, other partners and employees, harmless from all and any damage (whether indirect, direct, consequential, incidental, or otherwise), liability, loss, cost and expense (including, without limitation, reasonable accounting and attorneys’ fees) resulting from any Claim arising out of or due to your or your affiliates’ Licensure, any failure to acquire or maintain any Licensure, or any error in maintaining or obtaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for tournaments on the Site and quickly upon the reasonable request of Tournament Finder.
12. Copyright Takedown Notice
Copyright owners and agents of copyright owners that believe content on the Sites are infringing their copyrights may submit a notice pursuant to the Directive 2000/31/EC to Tournament Finder via emailing us at [email protected] and placing in the subject line of the email the words “COPYRIGHT TAKEDOWN REQUEST”.
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- Scraping or Commercial Use of Site Content is Prohibited
The Content of the Site is not intended for your commercial use. You do not have a right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to crawl, scrape, or employ any automated means to extract data from the Site(s).
14. Fees and Refunds.
14.1 Fees.
Creating an account, listing an event and accessing the Services are free. However, we charge a fee when a user pays into their wallet. This is charged as a percentage of the fee set by the organiser and therefore the organiser needs to consider this when setting the price. Tournament Finder does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
14.2 Ticket and/ or registration Transfers.
If you want to transfer tickets to an event you have purchased on Tournament Finder, please contact the Organiser of the event. If you are unable to reach the Organiser, or the Organiser is unable to arrange a ticket/registration transfer, please at [email protected] at put “REGISTRATION TRANSFER” in the subject line.
14.3 Refunds.
All transactions are between an Organiser and its respective attendees, therefore, Tournament Finder requests that all Consumers contact the applicable Organiser of their tournament with any refund requests. You can find help with getting a refund here.
(a) Consumers that have received a refund, must discard any ticket that we or any Organiser has delivered, and must not use it (or any copy of it) to attend the Tournament. Violation of the foregoing constitutes fraud. You accept that the applicable procedures of checking the validity of tickets must always be followed. At no time and under no situation or consequence will Tournament Finder be held liable for any costs arisen by Organisers not complying with the applicable procedures that are required to be implemented by Organisers in order to check validity of registrations. under no circumstances will Tournament Finder be held liable for costs and/or damage associated with tickets/registrations that arise from situations with fraud and/or for damage associated with the purchase of the ticket/registration through non-official means, such as third parties.
(b) Organisers must Acknowledge that a applicable procedure to check registrations must always be followed. under no circumstance will Tournament Finder be held liable for any costs arisen from non-compliance by Organisers with applicable procedures that must be implemented by Organisers to check validity of registrations. under no circumstance will Tournament Finder be held liable for costs and/or damage associated with registrations arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
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- Your Account on our Services
You may be required to create an account in order to access certain features or functions with our Services. You agree to follow the rules we have outlined In our Terms an those that are outlined in the following points when you create an account with Tournament Finder or when you are user the Services. The rules you are required to follow include but are not limited to the following:
• You must be 18 years or greater, or if the legal age of maturity is greater than 18 where you reside then you must be equal to or greater than legal age of maturity where you reside. If you are under 13 years old, please do not use our site or provide us with any information about yourself. Those that are between 13 and 18 or the legal age of maturity where they reside (whichever is older), you may only use our Services under the supervision of a parent or legal guardian.
You agree to provide accurate, true, accurate, complete and current information about yourself, or in a case where you are using the Services on behalf of an entity, the entity (the “Registration Data”). You also agree to update this Registration Data as and when it changes. We want to try and help the growth of amateur sport by providing information on current tournaments, this will only work successfully if you maintain up to date data, failure to do so will be seen as deliberately damaging our Services.
• when there is a dispute between two or more entities or persons with regards to account ownership, Tournament Finder will be the sole arbiter of that dispute and Tournament Finder’s decision (which may include suspension or termination of your account) will be final and binding on those parties.
• Those using the Services on behalf of a company or other entity, warrant and represent that you have the authorisation and/or authority to legally bind the said entity and grant Tournament Finder all licences and permissions provided in these Terms.
• Tournament Finder may enable you to implement certain permission within your account to third parties including, “sub-accounts,” “sub-users,” or other credentialed account users. In such as case, you agree that you are solely responsible for all activity that occurs under your account (including the actions by your sub-users), you therefore must maintain the confidentiality of your account details and password. You also agree that all rules applicable to your account will also apply to all and any third parties that you grant access to your account.
• If you become aware of any unauthorised use of your password or account or any other breach of security,0yYou agree to immediately notify Tournament Finder. You are responsible for (and therefore will be hold you responsible for) any activities that occur under your account.
16. Community Guidelines
Whenever you use of access our Services, you agree to abide by the Tournament Finder Community Guidelines.
17-18
- Your Content.
17.1 Tournament Finder makes no claim to any of Your Content. However, Your Content is your sole responsibility and therefore it is no one else’s responsibility. You hereby grant Tournament Finder a worldwide, royalty-free, transferable, adapt, perpetual, non-exclusive, irrevocable, sublicensable right and licence to access, transmit, use, reproduce, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in part or in whole , in any media, for the purpose of operating the Services (including Tournament Finder’s marketing and promotional services, which may without limitation include, promotion of your event on a third party website), and you hereby relinquish any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Tournament Finder does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to exploit and use and Your Content outside of the Tournament Finder Services.
17.2 You warrant and represent that you have all the rights, authority and power necessary to grant the foregoing licence, and that all Your Content (i) does not violate, infringe, misappropriate or otherwise conflict with the rights of any third party; (ii) complies with all applicable local, regional, national and other rules, laws, and regulations; and (iii) in no way violates these Terms.
17.3 Tournament Finder reserves the right to remove Your Content from the Services if Tournament Finder believes in its sole discretion that it violates our Community Guidelines these Terms, or for any other reason. Tournament Finder may use your name and logo (whether or not you have made it available through the Services) to identifying you as a past or existing customer of Tournament Finder both on the Services and in marketing, promotional and advertising materials. We may preserve account information and Your Content and may also disclose Your Content and account information if in the good faith belief that such preservation or disclosure is reasonably necessary to (i) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (ii) protect the rights, property and/or personal safety of Tournament Finder, its users and/or the public, including fraud prevention (iii) comply with legal process; (iv) respond to claims that any of Your Content violates the rights of third parties or required to do so by law. You declare that you understand that the transmission of the Services and technical processing, including Your Content, may require transmissions over numerous networks and/or changes to conform and adapt to technical requirements of connecting devices and/ or networks.
18-19
- Notices
Notices may be sent to you via regular mail or email to the address you provided for Tournament Finder’s records. The Tournament Finder Services may also give notices of changes to any of its Terms or other documentation or Services by displaying notices to you generally on the Services. If you wish to contact Tournament Finder or deliver any notice, you can do so at Tournament Finder limited, Attn: Legal Department, Flat B, 27 Acris Street, London, United Kingdom, SW18 2QR, or via email to [email protected].
19. Modifications to the Terms or Services
Tournament Finder reserves the right to revise these Terms from when in its sole opinion deems necessary (collectively, “Modifications”). If Tournament Finder believe the Changes are significant, we will inform you of them in one (or more) of the following ways (i) listing the Changes in a post on the Services; (ii) changing the “Last Updated” date at the top of the document; or (iii) sending you a mail or message about the changes. Changes made that are significant will be effective thirty (30) days following the “Last Updated” date or date communicated in any the notice to you. Changes that are added to simply incorporate new functions added to the Services or which do not impose any obligations or additional burdens on you will be effective immediately. You are responsible for becoming familiar with and reviewing any Changes. Continued use by you on the Services following any Changes constitutes your acceptance of those Modifications and the updated Terms.
20-21
- Assignment.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
21. Entire Agreement
Except as otherwise set forth herein, these Terms constitute the entire agreement between Tournament Finder and you and govern your use of the Services, superseding any contemporaneous or prior agreements, discussions, proposals or communications between you and Tournament Finder on the subject matter hereof, other than any written agreement for Services between an authorised officer of Tournament Finder and you relating to a specified Tournament or Tournaments.
22
- Law and Jurisdiction
These Terms are governed by the laws of England and Wales, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the United Kingdom, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Tournament Finder is based in London, United Kingdom, and any legal action against Tournament Finder related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in England and Wales. Thus, for any actions not subject to arbitration, you and Tournament Finder agree to submit to the personal jurisdiction of the courts (as applicable) located in London, United Kingdom.
23-24 - Linked Accounts and Third Party Websites
Tournament Finder Services may provide, or Users may provide, links to other resources or Internet websites. Because Tournament Finder has no control over such resources and websites, you agree and acknowledge that Tournament Finder is not responsible for the availability of such resources or websites, and in no way endorses or is responsible or liable for any advertising, Content, services, products, or other materials on or available from such resources or websites or , or any losses or damages related thereto, even if such resources or websites are connected with Tournament Finder partners or third party service providers.
24. Additional Miscellaneous Provisions
Any failure on our part to enforce any part of these Terms will not constitute a waiver of our right to later enforce that part or any other part of the Tournament Finder Terms. No oral waiver, modification or amendment of these Terms will be effective. If any part or provision within these Terms is found to be unenforceable, that part or provision will be limited to the minimum extent necessary the other provisions and parts of these Terms remain in full effect and force. The titles used for the Sections in these Terms no legal or contractual effect. No independent contractor, agency, joint venture, partnership or other such relationship is created by these Terms. We are free to freely assign any of our rights and obligations under these Terms. If there is a conflict between the English version and a translated version of these Terms then, the English version will control.