We (the folks at Replay Analysis) run a sports analysis web service called replayanalysis.com and would love for you to use it. Our basic service is paid subscription based, and we offer upgrades for advanced features such as priority video conversion and extra storage. Our service is designed to give you as much control and ownership over what goes on your account as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, adult material, viruses, or hate content).
If you find any content on the replayanalysis.com site that you believe violates our terms of service, please contact us.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Replay Analysis, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your replayanalysis.com Account. If you create a account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Replay Analysis may change or remove any content it considers inappropriate or unlawful, or otherwise likely to cause Replay Analysis liability. You must immediately notify Replay Analysis of any unauthorised uses of your account or any other breaches of security. Replay Analysis will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video file or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- or the Content does not contain install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Replay Analysis or otherwise.
By submitting Content to Replay Analysis for inclusion on your Account, you grant Replay Analysis a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Replay Analysis. If you delete Content, Replay Analysis will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Replay Analysis has the right (though not the obligation) to, in Replay Analysis' sole discretion (i) refuse or remove any content that, in Replay Analysis' reasonable opinion, violates any Replay Analysis policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Replay Analysis' sole discretion. Replay Analysis will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. By selecting a replayanalysis.com service you agree to pay Replay Analysis the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
- Paid Services.
- Fees; Payment. By signing up for a replayanalysis.com account you agree to pay Replay Analysis the agreed setup fees and subscription fees in exchange for the services listed at http://www.replayanalysis.com/. Applicable fees will be invoiced starting from the day your Services are established and in advance of using such services. Replay Analysis reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be cancelled by you at anytime on 30 days written notice to Replay Analysis.
- Support. Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Replay Analysis to respond within one business day) concerning the use of replayanalysis.com. All Services support will be provided in accordance with Replay Analysis Services practices, procedures and policies.
- Responsibility of Website Visitors. Replay Analysis has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Replay Analysis does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Replay Analysis disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpage's to which replayanalysis.com links, and that link to replayanalysis.com. Replay Analysis does not have any control over those non- Replay Analysis websites and webpage's, and is not responsible for their contents or their use. By linking to a non- Replay Analysis website or webpage, Replay Analysis does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Replay Analysis disclaims any responsibility for any harm resulting from your use of non- Replay Analysis websites and webpage's.
- Copyright Infringement and DMCA Policy. As Replay Analysis asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by replayanalysis.com violates your copyright, you are encouraged to notify Replay Analysis in accordance with Replay Analysis' Digital Millennium Copyright Act ("DMCA") Policy. Replay Analysis will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Replay Analysis or others, Replay Analysis may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Replay Analysis will have no obligation to provide a refund of any amounts previously paid to Replay Analysis.
- Intellectual Property. This Agreement does not transfer from Replay Analysis to you any Replay Analysis or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Replay Analysis. Replay Analysis, replayanalysis.com, the replayanalysis.com logo, and all other trademarks, service marks, graphics and logos used in connection with replayanalysis.com, or the Website are trademarks or registered trademarks of Replay Analysis or Replay Analysis' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Replay Analysis or third-party trademarks.
- Changes. Replay Analysis reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Replay Analysis may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Replay Analysis may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your replayanalysis.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid for replayanalysis.com account, such account can only be terminated by Replay Analysis if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Replay Analysis' notice to you thereof; provided that, Replay Analysis can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Replay Analysis and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Replay Analysis nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Replay Analysis, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Replay Analysis under this agreement during the twelve (12) month period prior to the cause of action. Replay Analysis shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Replay Analysis, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Replay Analysis and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Replay Analysis, or by the posting by Replay Analysis of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Replay Analysis may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. The failure or delay of Replay Analysis to exercise or enforce any right in these terms does not waive the Replay Analysis' right to enforce that right. These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
If you have any further questions, please feel free to contact us.