Waffle Sport Ltd:

Terms and Conditions

Introduction 

Waffle Sport Limited (“Waffle”) provides its services through our website accessible at https://www.wafflesport.com (the “Site”); its proprietary video streaming and distribution platform, and the services made available by Waffle Sport therein; and hardware and software products, including but not limited to the Waffle iCast, that allow you to access Waffle services (collectively, the “Service”).

 

The Service captures, transmits (“streams”), and records moving images, sound (which may include speech), still imagery, telemetric data and metadata (the “Content”).

 

These Terms (“Terms”), which incorporate our Privacy Policy and Copyright Policy, govern your use of the Service. 

 

Before using the Service, you are required to read, understand, and agree to these terms.

Acceptance of Terms
  • You acknowledge and agree that, by accessing or using the Service or by uploading or posting any Content (as defined below) on the Service, you, your heirs, successors and assigns (collectively, “you”) are indicating that you have read, understand and agree to be bound by these Terms, whether or not you have registered on or through the Service. If you do not agree to these Terms, then you have no right to access or use the Service or Content.

  • By using the Service, you agree, on behalf of yourself and those you represent, to comply with and be legally bound by these Terms as well as our Privacy Policy and all applicable laws. If you, for yourself or on behalf of those you represent, do not agree to any provision of these Terms, you must, for yourself and on behalf any such person(s), discontinue your use of the Services, and, if you are already registered, cancel your account.

  • Waffle shall not be liable for any loss or damage resulting from Waffle’s reliance on any instruction, notice, document or communication reasonably believed by Waffle to be genuine and originating from an authorised representative or entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Waffle reserves the right (but undertakes no duty) to require additional authentication from you.  

  • You further agree to be bound by these Terms for transactions entered into by you with Waffle, and in relation to the Service, and also anyone acting as your agent in the use of the Service, whether or not authorised by you.

 

Modification and variation
  • Waffle reserves the right, at its sole discretion, to modify or replace the Terms at any time. 

  • If the alterations constitute a material change to the Terms, Waffle will notify you by posting an announcement on the Site, and potentially through other means including email and social media. What constitutes a material change will be determined at Waffle’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. 

  • Using any Service or viewing the Content constitutes your acceptance of the Terms as modified. In addition, when using particular features of the Service, you are subject to any posted guidelines, terms or rules applicable to such. 

  • Your access to and use of the Service may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair, or any other reason within or outside of our control. 

  • Waffle reserves the right to suspend or discontinue the availability of the Service, and to remove any Content at any time at its sole discretion and without prior notice. Waffle may also impose limits on certain features of the Service, or restrict your access to parts of or all of the Service without notice or liability. Waffle’s Service should not be used or relied upon for storage of your Content and is not intended as an archival solution.

 

Eligibility
  • the Service is available only to users who can form legally binding contracts under applicable law. 

  • By accessing or using the Service, you represent and warrant that you are (a) at least eighteen (18) years of age, (b) otherwise recognised as being able to form legally binding contracts under applicable law, or (c) are not a person barred from purchasing or receiving the Service found under the laws of the United Kingdom or any other applicable jurisdiction.

 

Account registration
  • In order to access or use certain features of the Service, you may be required to create an account (“account”) and become a “Registered User” of the Service. During the registration process, you will be required to provide information including email address, username, and password. 

  • You agree to provide accurate, current and complete information during the registration process, and at other times when you use the Service and to update such information to keep it accurate, current and complete. 

  • Waffle reserves the right to suspend or terminate your account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. 

  • You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions in your account, whether or not you have authorised such activities or actions. 

  • You will immediately notify Waffle of any unauthorised use of your account.

  • You may use Facebook Login to authenticate and connect the Services with Facebook using your Facebook username and password. This mechanism allows you to access some features of the Service, including streaming of video to Facebook. Your use of Facebook is governed by the Facebook Terms of Use and Facebook is considered to be a third-party service.

  • You may use Google Sign-In and OAuth to authenticate and connect the Service using your Google account. This mechanism allows you to access some features of the Service. Your use of Google Sign-In is governed by the Google Terms of Service and Google is considered to be a third-party service.

 

Privacy

See Waffle’s Privacy Policy for information regarding Waffle’s collection and use of your personal data.

Copyright, ownership and intellectual property
  • Waffle respects copyright law and expects its users to do the same. Waffle has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

  • Any contracting state which, under its domestic law, requires as a condition of copyright, compliance with formalities such as deposit, registration, notice, notarial certificates, payment of fees or manufacture or publication in that Contracting State, shall regard these requirements as satisfied with respect to all works protected in accordance with this convention and first published outside its territory and the author of which is not one of its nationals, if from the time of the first publication all the copies of the work published with the authority of the author or other copyright proprietor bear the symbol © accompanied by the name of the copyright proprietor and the year of first publication placed in such manner and location as to give reasonable notice of a claim.

 

Your license to use the Service
  • “Content” in the Service is any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Service. 

  • Subject to your compliance with these Terms, Waffle grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service, and to access, use, view and print any Content solely for your personal and non-commercial purposes. 

  • You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms. 

  • No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Waffle or its licensors, except for licenses and rights expressly granted in these Terms.

  • Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your content.

 

User-submitted Content
  • We may, in our sole discretion, permit you to submit, post, upload, publish, email, send or transmit Content on or through the Service or in response to or in connection with Content previously provided via the Service.

  • We may occasionally ask you to resubmit Content to us in a different form. Unless otherwise agreed in writing, Waffle does not claim any ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. 

  • You grant Waffle the right to use your Content for the purpose of testing Waffle’s internal technologies and processes. You agree that Waffle may use third-party technologies and service providers in the course of exercising any of GoPro’s rights within this section. You agree that neither Waffle nor any third-party distribution channels have any obligation to provide any compensation to you for your Content or the licenses granted herein. You understand that Waffle does not guarantee any confidentiality with respect to the Content you submit, above and beyond our undertakings under our Privacy Policy. 

  • You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms.

  • You acknowledge and agree that you are solely responsible for all Content that you make available through the Service. You represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Service, or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Waffle the rights in such Content; and (b) neither the Content nor your posting, uploading, publication, submission or transmission of the Content or Waffle’s use of the Content on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  • You warrant and represent that your content will comply with these terms and conditions.

 

Prohibitions
  • You agree not to do any of the following:

    • Post, upload, publish, submit or transmit any Content (including any links thereto) that: (a) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or any duty of confidentiality that you owe to another party; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) promotes, encourages, or engages in terrorism violence against people, animals, or property; (g) promotes, demonstrates or constitutes illegal or harmful activities or substances; or (h) promotes, encourages, or engages in child pornography or the exploitation of children.

    • Use, display, copy or frame the Service, or any individual element within the Service without Waffle’s express written consent.

    • Access, tamper with or use non-public areas of the Service without express written permission.

    • Attempt to probe, scan, or test the vulnerability of any Waffle system or network or breach any security or authentication measures used by Waffle or any other third-party (including another user) to protect the Service or Content.

    • Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third-party web browsers.

    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content.

    • Interfere with, or attempt to interfere with, the operation of the Service and Content, the access of any user, host or network, including, without limitation, hacking, cracking, sending or installing any kind of computer virus designed to be capable of disrupting, damaging, or limiting the functionality of any software or hardware, overloading, flooding, spamming, or mail-bombing the Service.

    • Collect or store any personally identifiable information from the Service from other users of the Service without their express permission.

    • Impersonate or misrepresent your affiliation with any person or entity.

    • Violate any applicable law or regulation.

  • Waffle will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Waffle may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

  • You acknowledge that Waffle has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 

  • Waffle reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that Waffle, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service or otherwise violates any applicable law.

 

Modifications
  • Waffle reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms, at any time and without prior notice. 

  • If we modify these Terms, we will post the modification on the Site or via the Service or provide you with notice of the modification.

  • By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Terms. 

  • You may also be asked to re-acknowledge and re-accept the Terms following any material changes. If the modified Terms are not acceptable to you, you may cease using the Service and this is your only recourse.

 

Termination and account cancellation
  • If you breach any of these Terms or otherwise violate applicable law, in its sole discretion and without prior notice to you, Waffle has the right to suspend, disable, terminate or cancel your account and/or terminate these Terms. 

  • Waffle is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service. Waffle reserves the right to revoke, suspend, cancel or disable your access to and use of the Service and Content at any time, with or without cause.

  • You may cancel your account at any time by contacting x

 

Limited warranties
  • We do not warrant or represent: a) the completeness or accuracy of the information published on our Site or Service; b) that the material on the Site or Service is up to date; c) that the Site or Service will operate without fault; or d) that the Site or Service will remain available.

  • We reserve the right to discontinue or alter any or all of Service at any time in our sole discretion without notice or explanation, and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration. 

  • To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

Limitations and exclusions of liability

Nothing in these Terms will: a) limit or exclude any liability for death or personal injury resulting from negligence; b) limit or exclude any liability for fraud or fraudulent misrepresentation; c) limit any liabilities in any way that is not permitted under applicable law; or d) exclude any liabilities that may not be excluded under applicable law.

 

Governing law

These Terms are governed by the laws of England and Wales. Any dispute you have which relates to these Terms, or your use of the Site or Service (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

 

 

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