Dugout is an online football content platform which brings users closer to clubs and players. Dugout is available through a range of devices, in app form and through www.dugout.com (‘Platform’).
The following document outlines the terms and conditions (‘Terms’) in respect of any and all use of the Platform. ‘You’ refers to the person, company, or organization that uses the Platform and “Dugout/We/Us” refers to Dugout Limited.
Please read these Terms carefully as they set out your rights and obligations and the terms on which we make the Platform available to you. By setting up an account with us or using and accessing the Platform you hereby agree to these Terms.
You must be 13 years of age or older and capable in your country of residence of entering into a legal binding agreement to use our Platform.
1. License to use the Platform
You may only use the Platform in accordance with the rights granted to you in these Terms. You may not copy, reproduce, republish, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way any of the material contained on the Platform or content (including, but not limited to, any content, advertising or sponsorship on the Platform), or permit or assist any third party to do so.
Other than as allowed in these Terms you are not given a right to use the "Dugout" name, or any of the "Dugout" trademarks, logos, domain names or other distinctive brand features. You may not use the Platform in a manner that is unlawful, fraudulent or deceptive nor translate or copy any part of the Platform.
You agree to only use the Platform for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Platform by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone's privacy, or which may harass, cause distress or inconvenience to any person or party. You agree that you shall not alter, disassemble, decompile or reverse engineer any part of the Platform and shall not abuse the Platform or use it in any way for an unlawful or unauthorised purpose (which includes transmitting any computer viruses through the Platform, or using the Platform in a manner which violates or infringes the rights of anyone else).
You agree that you shall not attempt to interfere with the proper working of the Platform; take any actions that impose unreasonable load on our IT infrastructure; interfere with a proper working of the Platform; use any network monitoring or discovery software to extract information about our Platform; and/or solicit, collect or store or attempt to solicit, collect or store, personal information about other Platform users. You must keep your password secure and never share passwords or other access codes with any other person or any third party or in any way make them accessible to others.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses, and traffic information.
We may suspend your access to the Platform if your use of the Platform is in any way considered to be abusive, excessive or against the interests of other users or we have reasonable grounds to believe that you are in breach of any of these Terms or if we are requested to do so by a regulatory authority.
In connection with your use of the Platform, you may provide us with Feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material regarding the Platform). You hereby grant us and our partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback, without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. You acknowledge that you also give to us, without charge, the right to commercialize your Feedback in any way and for any purpose. We have no liability for any loss or damage suffered by you as a result of the disclosure or use of such Feedback.
4. Registering with Dugout
You can register to receive our e-mail communications alerting you about our news and launches. We will use the email address you provide us to inform you about our services and products, for example: new launches, events, or new content within our Platform. In order to keep you posted on all of our news and launches we may forward your email address to other websites operated by Us.
You may unsubscribe from the Platform by contacting Us on our email provided to you in our communications.
5. Availability of the Platform
You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view all of the content on the Platform.
The Platform and content relating to the Platform, Dugout and/or any of our associated companies, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation or warranty of any kind, including but not limited to implied non-infringement, security and accuracy of the Platform and/or Third Party Sites. Dugout does not warrant the accuracy of any information displayed or distributed through the Platform or on any Third Party Sites.
We make no representation and no guarantees that the Platform will be free of viruses or bugs. We will not be responsible for any loss or damage caused by (a) interruption or delay to the Platform or errors, viruses or bugs contained in the Platform; (b) your negligence, your breach of the Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Platform on your equipment; or (d) any unauthorized use of the Platform.
6. Third Party Websites
You agree that we may share information which you provide to us through the registration process for the Platform with third party rights holders in relation to your use of the Platform and your personal preferences.
The Platform may include links to third party web sites (‘Third Party Sites’). If you use any links made available through the Platform to reach other web sites not maintained by Us, you will leave our Platform. The linked sites are not under our control and we are not responsible for the content contained on any Third Party Sites or any link contained in such a Third Party Site. The Third Party Sites are governed by the terms and conditions of those individual Third Party Sites.
We shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through Third Party Sites.
We provide these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Dugout of the Third Party Sites, nor does it imply that the Third Party Site recommends, approves of, or endorses Dugout.
7. Intellectual Property
Dugout is the owner or licensee of all intellectual property rights in the Platform. All material, software and content, including but not limited to the design, text, software, graphics, footage and images (and any selection or arrangement) are subject to the copyright of Us and/or others and shall at all times remains the property of Dugout or Dugout licensors. Dugout, dugout.com, dugout.tv, our logo, all images and text, and all page headers, custom graphics and button icons are owned by Dugout.
All other trademarks, product names and company names or logos cited herein are the property of their respective owners and you may not use any information, including text, forms, documents, images, graphics, logos, button icons, or information obtained from Dugout licensors for any purpose, including any commercial purpose, without the express prior written consent of Dugout, to be granted at our absolute discretion.
Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Platform and content displayed on or through the Platform are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws, and may not be used except as provided in these Terms without the express prior written permission of Dugout, to be granted at our absolute discretion.
8. Collection of data
9. Liability disclaimer
To the maximum extent allowable by law, Dugout shall not be liable for any loss of profits, business, goodwill, revenue, anticipated savings or for any indirect or consequential loss or damage arising out of or in connection with these Terms.
Any use of the Platform is not intended to amount to use on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any use of the Platform by You, or by anyone who may be informed of any of its contents.
In addition, in no event shall we or any licensor or third party affiliates be liable for any unauthorized use of the Platform. If you are dissatisfied with the Platform or these Terms, your sole and exclusive remedy is to discontinue using Dugout. This limitation of liability does not affect your statutory rights. Some jurisdictions do not allow certain limitation of liability; therefore this limitation of liability shall apply to the fullest extent permitted by law in such jurisdictions.
You agree to fully indemnify us and/or any third party rights holder and any affiliates of us and/or any third party rights holder and our and any third party right holders respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of: (i) any negligent or wilful misrepresentation, act or omission made by you in connection with your use of the Platform; or (ii) any negligent or wilful non-compliance by you with these Terms; or (iii) any claims brought by third parties arising from or related to your negligent or wilful access or use of the Platform other than in accordance with these Terms.
11. Modifications of the Platform and the Terms
Dugout reserves the right, at our sole discretion, to change, modify, temporarily or permanently withdraw the Platform (or any part thereof) without providing notice to you. We reserve the right to modify and/or change these Terms, including, by way of example only, due to a change to applicable law or to ensure better functionality of the Platform, without providing notice to you. It is your responsibility to check regularly whether or not the Terms have been changed. You will be deemed to have accepted any changes to the Terms by continuing to use/access our Platform.
12. Termination and Right to Refuse
These Terms shall commence on the date you start using the Platform and shall apply in perpetuity. We are entitled to suspend or terminate your account or access to any part of the Platform at any time.
If any provision of these Terms is determined to be unlawful and/or unenforceable, the validity of the rest of the Terms shall remain unaffected. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You may not transfer or assign your rights or obligations under the Terms to any individual or third party. Provided this does not affect your rights under these Terms, we can transfer our rights and obligations under the Terms to any company, firm or person.
15. Force Majeure
Neither us nor any third party shall have any liability to you for any delay or failure to deliver the Platform to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of us or any third party including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Platform), telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot or industrial disputes.
No waiver by Us shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Terms.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales without reference to its choice of law rules. Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be conducted in London, England.
18. Contact, Feedback and Complaints
If you have any questions or concerns about the Platform or about these Terms, please contact us by email at: firstname.lastname@example.org.
© Dugout Limited (February, 2017)
User Interaction Policy
Rules for Use of the Platform
Code of Conduct
The general rules for use of the Platform prevent any interaction that is in any way seen as being : unlawful, illegal, fraudulent, offensive, threatening, abusive, bullying, harassing, tortious, indecent, obscene, defamatory, invasive of another's privacy, or discriminatory whether racially, ethnically, sexually, religiously or otherwise, or which may incite or instruct any person or organisation to interact in such a manner. For the avoidance of doubt, this list is not exhaustive and we reserve the right to amend this list at any time.
User content on the Platform must be in no way threatening, offensive or unlawful, including, but not limited to, swear-words, derogatory nicknames and other aggravating language. An example is troll behaviour, such as personal insults and other flagrantly offensive comments designed to induce an emotional reaction from another user.
Your details that will be included on posts include a username, text and an optional avatar image. Dugout seeks to highlight the dangers of posting personal information anywhere online, including on the Platform, and that doing so will be at your own, personal risk. This extends to others’ personal information, and there must be no breach of confidence of the identity or privacy of any other user, without their express prior consent.
No form of false misrepresentation of any form is acceptable in connection to the Platform including no deceit or disguise of a user profile. Whilst reference and homage to individuals is acceptable in usernames and comments, any form of posing falsely as another person is not allowed, and will be dealt with by us accordingly. Dugout is restricted to use by persons aged 13 and above. No account should be shared between multiple people, and similarly, no individual should use more than one account.
Improper uses of a Dugout platform
The Platform is not a place for sharing or reference to any form of illegal or harmful activity. This includes offensive material such as pornographic content, as well as counterfeit material. Harmful activity extends to actions by users that may infringe in any way third party patents, copyright, trademarks, database, or other legal rights. Harmful activity also extends to comments uploaded to the Platform that contain any form of virus, infection or other malware. Whilst brands and products may be referenced to and in some cases suggested, the Platform will not tolerate attempts at commercial sale, advertisements, including spam, and such activity. This extends to making reference to taking part in surveys, auditions and similar soliciting. In no way should you post unoriginal content including, but not limited to, your own articles, or those of our competitors.
Action concerning Us
The comments and opinions expressed by users on the Platform are not necessarily the views and opinions of Dugout and associated clubs players or publishers. Similarly, whilst Dugout controls the removal of unacceptable content, this in no way denotes that all remaining content is approved and acceptable. Disrespectful behaviour of any type listed above is equally intolerable towards Dugout moderators and staff.
Action and Moderation
The terms of this policy must be adhered to, in the spirit of community and user experience. Moderators shall take whatever action they consider appropriate to deal with issues raised by users, within the context and severity of each individual case, at their absolute discretion. Individual clubs, players and subsequent representatives may monitor content on the Platform. Any removed content will be removed with no bias or ulterior motive by Dugout; rather with the aim of ensuring maximum user satisfaction.
Members of the Platform are encouraged to actively bring to our attention any form of abuse or unacceptable behaviour in any section of the Platform. Every comment will have a ‘flag’ to highlight abuse to the attention of an administrator or moderator. Additionally, every page within the Platform will have a ‘report’ function, which will allow an e-mail to be sent to the administration team to relay concerns and complaints over issues.
User content that has been flagged as offensive, by at least five users, will be automatically removed. We will endeavour to answer issues as soon as possible, but cannot guarantee any set timeframe. Removed content that is reposted, or continued unacceptable behaviour will be dealt with by account suspension from the Platform. A suspended user may not re-register with a new account, and further action will be taken if this is found to have occurred. We reserve the right to suspend any account, or remove any powers of using the Platform, at our own absolute discretion. Further, we reserve the right to report offensive behaviour to relevant legal authorities, for additional punishment in response to breach of our Platform policies.
Modification to terms
© Dugout Limited (February, 2017)