You must read and agree to this Terms of Service Agreement (“Agreement”) if you are a User of GoalScanner’s website at https://goal-scanner.com, GoalScanner’s mobile application (“Mobile App”) or GoalScanner’s video highlights services made available through authorised third party websites (collectively referred to as the “Site” or “Services”).
You acknowledge and agree that, by (1) clicking the “I Agree” or similar button to access the Services, or (2) downloading a GoalScanner application or (3) otherwise accessing or using the Services, you have read these terms and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services and un-install any application from your hardware.
There are two general types of Users of the Services, registered users that have registered with GoalScanner or who have registered with an authorised third party that provides access to GoalScanner Services (“Registered Users”), and visitors of the Site (“Visitors”) who are not registered. Registered Users who pay fees in order to use the Services are referred to as “Commercial Users.”
There are two types of Commercial Users: (1) GoalScanner “Player” account holders, who may use GoalScanner Videos for personal reasons and can only distribute or otherwise make available GoalScanner Videos to third parties who have agreed to use the GoalScanner Videos for non-commercial purposes, and (2) GoalScanner “Business” account holders, who may use GoalScanner Videos for commercial purposes, and may also distribute or otherwise make available GoalScanner Videos to third parties who intend to use GoalScanner Videos for commercial purposes. The term “commercial purposes” shall mean any use of a GoalScanner video that directly or indirectly derives a commercial benefit or financial gain.
You must be 13 years of age or older to be a User of the Services. You must be 18 years of age or older to be a Commercial User. By continuing to use the Services, you are warranting that you are at least 13 years old if you are using the Services to make GoalScanner Videos for personal use, and that you are at least 18 years old if you are using the Services to make GoalScanner Videos for commercial purposes. You further warrant that you have the authority to enter into these Terms of Service.
This Terms of Service Agreement was last updated on October 30, 2019. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.
The Services are owned and operated by Sport Vision Systems Ltd., British registered company number 10879806. The GoalScanner Services provide Users with the ability to have a video (“GoalScanner Video”) automatically created by GoalScanner using video recordings from participating venues (“Image Content”).
By registering with us, you agree that all information provided to us is true and accurate and you will keep it current. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times and notify GoalScanner immediately if you learn of an unauthorised use of your password. You are fully responsible for activities or transactions that relate to your account or your password.
Payment of Fees
If you are a paid User, you agree to pay all per-use fees or fees associated with your subscription, as appropriate (“Fees”). GoalScanner may provide you with the ability to pay the Fees through a third party service. All subscriptions paid through these third parties are subject to the third party’s Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
If, for any reason, your payment is not received by GoalScanner, your paid User account will revert to a free User account until payment is received by us. You agree that until your paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are non-refundable.
You agree to obey all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your submissions or communications through the site, including Video Content and GoalScanner Videos (collectively, “Submissions”).
You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us. You agree that you will not upload, share, or otherwise distribute any Submissions that:
- are unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, or impersonate another person;
- contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
- victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringe on any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
- constitute unauthorised or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
- contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
- contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or
- are to be used for a commercial purpose of any kind, unless you are a Commercial User.
We do not endorse the contents of any Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our contact form. Make sure to include both the Uniform Resource Locator (“URL”) for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using the Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against GoalScanner arising from your exposure to such materials.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.
You may not link to the Site unless you comply with these linking conditions. Your ability to share your GoalScanner Video may depend on whether you obtained access to GoalScanner Services from an authorised third party, and therefore you may not have all of the sharing capabilities described. GoalScanner Videos may only be used for personal, non-commercial, uses, unless you are a Business User. You agree that you will not modify the display of your GoalScanner Video.
Your right to link to the GoalScanner Site is expressly conditioned upon your compliance with the following restrictions:
- The link must either resolve to the homepage, “goal-scanner.com,” or to the link associated with a User Video.
- The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of GoalScanner or any other third party.
- The link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site.
- The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and GoalScanner; and
- The link and surrounding materials must not portray GoalScanner, GoalScanner Videos or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.
Third Party Sites and Information
GoalScanner’s Intellectual Property Rights. GoalScanner is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. Copying, distributing, modifying, or creating derivative works of GoalScanner’s Services without GoalScanner’s written permission is strictly prohibited.
GoalScanner’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by GoalScanner, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits GoalScanner.
GoalScanner’s Services include a user interface that allows you to upload user content and customize certain aspects of your desired GoalScanner Video. You are granted a limited right to use those services only in conjunction with the Site and in accordance with these Terms of Service. GoalScanner’s proprietary video editing software automatically creates the GoalScanner Video. Users do not have direct access to the video creation software and therefore you receive no license to use it. GoalScanner’s Services (including its user interface and video creation software) are GoalScanner’s intellectual property, and the subject of pending and issued patent applications.
Others’ Intellectual Property Rights. GoalScanner deeply respects the third party intellectual property rights that may be implicated in creating an GoalScanner Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating a GoalScanner Video using GoalScanner’s proprietary software, you will be able to use your own Image Content such as photos, graphics or text. Where the Image Content has associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content.
Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.
You warrant that all Image Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image as you intend to use them and as contemplated by the Site and grant GoalScanner the rights described herein. Unless you are a Business User, all use of the Site is limited to personal, non-commercial purposes only.
If you have paid the appropriate fees to become a Business User, you may then create GoalScanner Videos that you may use for commercial purposes subject to this agreement and all applicable laws and regulations. However, you may not use GoalScanner Videos created prior to, after, or outside of your Business User membership for commercial purposes. For example, if you create a GoalScanner Video as a (non-Business) User, and subsequently become a Business User, you may not use such GoalScanner Videos for commercial purposes. Your use of the Site and GoalScanner Videos created therefrom is limited to only acceptable commercial purposes as defined herein.
You hereby grant to GoalScanner a royalty-free, perpetual license to use, copy, create, modify, display and host your GoalScanner Video and Image Content solely to the extent necessary for GoalScanner to provide the Services.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner’s permission. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site.
Disclaimer of Warranties
ALL GOALSCANNER SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES OR THROUGH THIRD PARTIES’ OR PROVIDER’S WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Limitation of Liability
YOUR EXCLUSIVE REMEDY AND GOALSCANNER’S AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID GOALSCANNER, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, £1 GBP).
IN NO EVENT SHALL GOALSCANNER OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT. GOALSCANNER SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE CONTENT.
You agree to indemnify and hold GoalScanner, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable legal fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with GoalScanner’s terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. GoalScanner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GoalScanner in asserting any available defenses.
Use of Site and Storage of Material
Upon registering with GoalScanner, you will be assigned one (1) user account. You are limited to one account per person. GoalScanner limits the maximum amount of disk space per account for storing GoalScanner Videos per User.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Services. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.
You acknowledge that we reserve the right to convert any Paid User account to a Free User account upon non-receipt of a subscription fee. Furthermore, we reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any videos and content associated therewith, if the account has been inactive for a twelve (12) month period.
Although GoalScanner’s Services may be accessible worldwide, we make no representation that the Services are appropriate to access from territories where their contents are illegal and is prohibited. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.
Termination of Use
We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services immediately ceases, and we may immediately deactivate or delete your account and all related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Distribution Terms – Commercial Users, Audit Rights – Commercial Users, Governing Law, Agreement to Arbitrate All Disputes, Miscellaneous.
Distribution of GoalScanner Videos by Player Account Holders
Commercial Users with a Player account may, during the Term, distribute or otherwise make available GoalScanner Videos to third parties if such third parties agree to use the GoalScanner Videos for personal use only, and subject to GoalScanner’s Distribution Terms set forth below. For example, Player Users may not distribute or make available GoalScanner Videos to third parties if such third parties intend to use the GoalScanner Videos directly or indirectly to derive a commercial benefit or financial gain. Your account may be terminated without prior notice or reimbursement if you distribute GoalScanner Videos in violation of this agreement.
Distribution of GoalScanner Videos by Business Account Holders
If you have obtained a Business Subscription from GoalScanner, then the following terms shall apply to you
a. During the applicable term of the Business Subscription, Business User may distribute or otherwise make available completed GoalScanner Videos to third parties subject to Business User’s fully paid and current subscription, timely payment of any other fees due to GoalScanner, if applicable, and subject to GoalScanner’s Distribution Terms set forth below.
b. Business User’s Subscription, and/or GoalScanner account, may be terminated without prior notice or reimbursement if Business User distributes GoalScanner Videos in violation of these terms.
c. Business User agrees to promptly provide to GoalScanner any and all reasonably requested information sufficient for GoalScanner to verify Business User’s compliance with these terms.
d. Business User is not an agent or representative of GoalScanner, has no authority to act on behalf in any manner or enter into any binding agreement on behalf of GoalScanner, will make no representations to any parties relating to GoalScanner’s Services or Videos other than as contained in the Distribution Terms set forth below, and shall have no authority to alter, enlarge, or limit GoalScanner’s most current written warranty, if any.
Distribution Terms – Commercial Users
In distributing GoalScanner Videos to third parties, both Player and Business Commercial Users must obtain the third party’s agreement to the below Distribution Terms (a)-(g). In addition, Player account holders will ensure the third party agrees to Distribution Term (h). If Commercial User does not obtain the third party’s agreement to the below terms, Commercial User agrees to indemnify and defend GoalScanner for any and all claims or causes of action arising from the third party’s use of GoalScanner Videos. Commercial User assumes all responsibility for compliance with the terms of this Agreement by third party recipients of GoalScanner Videos.
a. The video provided with these terms (“Video”) is licensed, and not sold. Therefore, you do not own the Video, and must comply with these terms in using the Video.
b. You are granted the limited rights to use, copy, perform and display the Video. You may not distribute the Video to others. You are not granted the rights to use, copy, perform or display the Video for broadcast television, radio, or theatrical media.
c. You will not use Videos for any illegal or immoral purposes, including without limitation for unauthorised or illegal advertising or promotional materials, such as junk mail, spam, chain letters, or pyramid schemes.
d. You may not modify the Video in any way.
e. THE VIDEO IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
f. IN NO EVENT SHALL GOALSCANNER NOR THE PROVIDER OF THE VIDEO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SITE.
g. You agree to indemnify and hold GoalScanner and the provider of the Video, and each of their parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable legal fees and costs, made by any third party due to or arising out of your use or misuse of the Video, your failure to comply with applicable laws, or your failure to comply with these terms.
h. You may only use the Video for non-commercial purposes; in other words, you may not use the Video in any way that directly or indirectly derives a commercial benefit or pecuniary gain.
Audit Rights – Commercial Users
GoalScanner (or a third party hired by GoalScanner for such purpose) shall have the right, at any time, to inspect and audit all accounts, records and other of Commercial User’s information to determine compliance with the terms contained herein. The costs of such audit shall be borne by GoalScanner unless the audit uncovers that the Commercial User has materially breached this Agreement, and then Commercial User shall be responsible for reimbursement of all reasonable costs and expenses of such audit.
Data Processing Terms
Personal Data with GoalScanner.
Definitions For Purposes of These Data Processing Terms.
The term “data subject” means the identified or identifiable person to whom any Personal Data relates.
The term “Personal Data” means ANY information that: (i) can be used, alone or in connection with other information, to identify an individual; or (ii) is otherwise subject to any applicable privacy or data laws regarding personal information. For avoidance of doubt, Personal Data includes an individual’s name and likeness, including in photographs or video.
The term “processing” means any action performed on Personal Data, including by automated means, such as collecting, recording, organizing, structuring, storing, altering, retrieving, modifying, using, disclosing, transmitting, or deleting.
You hereby represent and warrant that:
a) You will comply with all applicable laws, rules and regulations in using the GoalScanner Service, including without limitation data protection regulations and laws relating to Personal Data such as the GDPR
b) You agree to immediately inform GoalScanner of a request by a data subject to delete Personal Data.
GoalScanner agrees that it will:
a) ensure personnel authorised to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality, and that such personnel do not process any Personal Data except in accordance with Your documented instructions;
b) implement appropriate technical and organizational measures to ensure the security of any Personal Data, taking into account the risks that are presented by the processing;
c) ensure that third party sub-processors engaged by GoalScanner are subject to the same data protection obligations set forth in these Data Processing Terms, and GoalScanner will be responsible for sub-processors’ performance under such obligations;
d) take into account the nature of the data processing to meet our obligations under applicable law, including without limitation those arising pursuant to Articles 32 to 36 of the GDPR (relating to data security, breach notification, and impact assessments); and
e) at Your request, delete or return to You all Personal Data in GoalScanner’s possession or control after the end of the provision of Services relating to processing, and delete existing copies unless applicable law requires storage of such Personal Data. Notwithstanding the foregoing, You acknowledge that GoalScanner Videos may be downloaded and/or shared on sites and platforms and may not be hosted on GoalScanner’s or its vendors’ servers. As such, GoalScanner may not be able to fulfill a request to delete Personal Data of a data subject contained in an GoalScanner Video that has been downloaded and/or distributed in such a manner.
Governing Law and Juristiction
These Terms of Service are governed by the laws of England and Wales and will be interpreted in accordance with the English courts. The English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by GoalScanner, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and legal fees.
This document was last updated on October 30, 2019.