One-Versus-One Terms and Conditions of Use
Effective as of 1st of August 2018
Thanks for choosing One-Versus-One (“One-Versus-One”, “we”, “us”, “our”). By signing up or otherwise using the One-Versus-One service, websites, and software applications (together, the “One-Versus-One Service” or “Service”), or accessing any content or material that is made available by One-Versus-One through the Service (the “Content”) you are entering into a binding contract with the One-Versus-One entity indicated at the bottom of this document.
Please read the Agreements carefully. They cover important information about One-Versus-One Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the One-Versus-One Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to One-Versus-One is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
3. Enjoying One-Versus-One
Here’s some information about all the ways you can enjoy One-Versus-One.
3.1 Our Services & Paid Subscriptions
One-Versus-One provides statistical services offering a selection soccer statistics and other content. Certain One-Versus-One services are provided to you free-of-charge. Other One-Versus-One services require payment before you can access them. The One-Versus-One services that may be accessed after payment are currently referred to as the “Pro Service” and the “Premium Service” (together, the “Paid Subscriptions”). The One-Versus-One service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
The Pro and Premium Services may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Paid Services, or if your subscription to the Paid Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Paid Service. Note that the Paid Service may be discontinued in the future, in which case you will no longer be charged for the Service.
3.2 Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of One-Versus-One for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). One-Versus-One reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING YEARLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ONE-VERSUS-ONE ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR ONE-VERSUS-ONE ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING YEARLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ONE-VERSUS-ONE ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR ONE-VERSUS-ONE ACCOUNT BEFORE THE END OF THE RECURRING YEARLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ONE-VERSUS-ONE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
4. Rights we grant you
The One-Versus-One Service and the Content are the property of One-Versus-One or One-Versus-One's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the One-Versus-One Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or One-Versus-One. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the One-Versus-One Service or the Content.
The One-Versus-One software applications and the Content are licensed, not sold, to you, and One-Versus-One and its licensors retain ownership of all copies of the One-Versus-One software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All One-Versus-One trademarks, service marks, trade names, logos, domain names, and any other features of the One-Versus-One brand (“One-Versus-One Brand Features”) are the sole property of One-Versus-One or its licensors. The Agreements do not grant you any rights to use any One-Versus-One Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the One-Versus-One Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, One-Versus-One grants no right, title, or interest to you in the One-Versus-One Service or Content.
Third party software (for example, open source software libraries) included in the One-Versus-One Service are licensed to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5. Third Party Applications
The One-Versus-One Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that One-Versus-One does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6. User-Generated Content
One-Versus-One users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the One-Versus-One Support Community as well as any other part of the One-Versus-One Service.
You promise that, with respect to any User Content you post on One-Versus-One, (1) you have the right to post such User Content, and (2) such User Content, or its use by One-Versus-One as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by One-Versus-One or any player, team, league or individual without express written consent from such individual or entity.
One-Versus-One may, but has no obligation to, monitor, review, or edit User Content. In all cases, One-Versus-One reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in One-Versus-One’s sole discretion, violates the Agreements. One-Versus-One may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. One-Versus-One is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST ONE-VERSUS-ONE RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD ONE-VERSUS-ONE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7. Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the One-Versus-One Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the One-Versus-One Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.If you provide feedback, ideas or suggestions to One-Versus-One in connection with the One-Versus-One Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize One-Versus-One to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant One-Versus-One a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8. User guidelines
One-Versus-One respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure One-Versus-One stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
using the One-Versus-One Service to import or copy any local files you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the One-Versus-One Service, Content or any part thereof unless permitted by applicable law;
circumventing any technology used by One-Versus-One, its licensors, or any third party to protect the Content or the Service;
selling, renting, sublicensing or leasing of any part of the One-Versus-One Service or the Content;
circumventing any territorial restrictions applied by One-Versus-One or it licensors;
removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the One-Versus-One Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
providing your password to any other person or using any other person’s username and password;
“crawling” the One-Versus-One Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from One-Versus-One;
Please respect One-Versus-One, the owners of the Content, and other users of the One-Versus-One Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of One-Versus-One or a third party;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
uses automated means to artificially promote content;
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the One-Versus-One inbox;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by One-Versus-One;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by One-Versus-One;
interferes with or in any way disrupts the One-Versus-One Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or One-Versus-One’s computer systems, network, usage rules, or any of One-Versus-One’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
conflicts with the Agreements, as determined by One-Versus-One.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your One-Versus-One account. You also agree that One-Versus-One may also reclaim your username for any reason.
Please be thoughtful about how you use the One-Versus-One Service and what you share. The One-Versus-One Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on One-Versus-One or across the web, so please use One-Versus-One carefully and be mindful of your account settings. One-Versus-One has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Infringement and reporting User Content
One-Versus-One respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see One-Versus-One’s copyright policy. If One-Versus-One is notified by a copyright holder that any Content infringes a copyright, One-Versus-One may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to One-Versus-One with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please fill out our notice form.
10. Service limitations and modifications
One-Versus-One will make reasonable efforts to keep the One-Versus-One Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, One-Versus-One reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the One-Versus-One Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the One-Versus-One Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that One-Versus-One permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), One-Versus-One will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that One-Versus-One has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. One-Versus-One and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11. Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
12. Payments, cancellations, and cooling off
a) 7 Day Free Trial
This offer (the “7-Days Free Trial Offer”), which is made to you by One-Versus-One (as defined in the One-Versus-One Terms and Conditions of Use), entitles you access to the One-Versus-One Premium and Pro Service (as defined in the One-Versus-One Terms and Conditions of Use) for a period of seven (7) days from the moment that you activate such trial period by submitting your payment details (the “7 Days Free Trial Period”).
If you decide that you do not want to become a paying user of the One-Versus-One Premium Service upon the lapse of the Free Trial Period, you have to terminate your Premium Service via e-mail to email@example.com or cancel your subscription in your personal account on the one-versus-one website by the end of the Free Trial Period.
You may only use this Free Trial Offer once. One-Versus-One reserves the right, in its absolute discretion, to withdraw or to modify this Free Trial Offer and/or the One-Versus-One 7-Days Free Trial Terms and Conditions at any time without prior notice and with no liability.
b) Paid subscriptions
Paid Subscriptions can be purchased directly from One-Versus-One or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the One-Versus-One Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to One-Versus-One Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed One-Versus-One at any time during the Cooling-off Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to One-Versus-One will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed One-Versus-One during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support.
If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.
One-Versus-One may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the One-Versus-One Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the One-Versus-One Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
|Member||Fee||Payment frequency||Duration and Validity Period||Renewal||Cancellation|
|PLUS||€ 0.--||No charges applied||Unlimited||Not required||At any time|
|PREMIUM||€ 0.99 / month||Every 6 months - starting from Subscription Date||6 months - starting from Subscription Date||Automatically - every 6 months||Every 6 months - at the end of the Validity Period|
|PRO||€ 9.99 / month||Every 3 months - starting from Subscription Date||3 months - starting from Subscription Date||Automatically - every 3 months||Every 3 months - at the end of the Validity Period|
13. Term and termination
The Agreements will continue to apply to you until terminated by either you or One-Versus-One. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. One-Versus-One may terminate the Agreements or suspend your access to the One-Versus-One Service at any time, including in the event of your actual or suspected unauthorised use of the One-Versus-One Service and/or Content, or non-compliance with the Agreements. If you or One-Versus-One terminate the Agreements, or if One-Versus-One suspends your access to the One-Versus-One Service, you agree that One-Versus-One shall have no liability or responsibility to you and One-Versus-One will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your One-Versus-One account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
14. Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE ONE-VERSUS-ONE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE ONE-VERSUS-ONE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONE-VERSUS-ONE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER ONE-VERSUS-ONE NOR ANY OWNER OF CONTENT WARRANTS THAT THE ONE-VERSUS-ONE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, ONE-VERSUS-ONE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE ONE-VERSUS-ONE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT ONE-VERSUS-ONE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE ONE-VERSUS-ONE SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ONE-VERSUS-ONE SHALL CREATE ANY WARRANTY ON BEHALF OF ONE-VERSUS-ONE IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ONE-VERSUS-ONE SERVICE IS TO UNINSTALL ANY ONE-VERSUS-ONE SOFTWARE AND TO STOP USING THE ONE-VERSUS-ONE SERVICE. WHILE ONE-VERSUS-ONE ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO ONE-VERSUS-ONE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONE-VERSUS-ONE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE ONE-VERSUS-ONE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ONE-VERSUS-ONE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ONE-VERSUS-ONE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO ONE-VERSUS-ONE DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits One-Versus-One’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
16. Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and One-Versus-One, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and One-Versus-One only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and One-Versus-One, the Agreements constitute all the terms and conditions agreed upon between you and One-Versus-One and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the One-Versus-One Service may be governed by additional agreements. That could include, for example, access to the One-Versus-One Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on One-Versus-One’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
18. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by One-Versus-One or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive One-Versus-One’s or the applicable third party beneficiary’s right to do so.
One-Versus-One may assign the Agreements or any part of them, and One-Versus-One may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold One-Versus-One harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the One-Versus-One Service; and (4) your violation of any law or the rights of a third party.
21. Choice of law, mandatory arbitration and venue
21.1 Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you and One-Versus-One agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.)
Country: Poland, Italy
Choice of Law: Laws of Switzerland
Jurisdiction: Exclusive; Courts of Local Country
Choice of Law: Laws of Switzerland
Jurisdiction: Non-exclusive; Courts and other tribunals in the Republic of Turkey
Choice of Law: Laws of Brazil
Jurisdiction: Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil
Choice of Law: Laws of the Province of Ontario
Jurisdiction: Exclusive; Courts of Ontario, Canada
Country: United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay
Choice of Law: State of California, United States
Jurisdiction: Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY
Country: Estonia, Hong Kong, Latvia, Lithuania
Choice of Law: Laws of Switzerland
Jurisdiction: Non-exclusive; Courts of Switzerland
Choice of Law: Laws of Spain
Jurisdiction: Exclusive; Courts of the consumer’s current domicile in Spain.
Country: All remaining countries
Choice of Law: Laws of Switzerland
Jurisdiction: Exclusive; Courts of Swizerland
One-Versus-One does not accept any codes of conduct as mandatory in connection with the services provided under these Agreements.
21.2 CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ONE-VERSUS-ONE 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 OR REPRESENTATIVE ACTION. Unless both you and One-Versus-One agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable, the following mandatory arbitration provisions apply to you:
21.3.1 Dispute resolution and arbitration
You and One-Versus-One agree that any dispute, claim, or controversy between you and One-Versus-One arising in connection with or relating in any way to these Agreements or to your relationship with One-Versus-One as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause (24.3.1) above, you and One-Versus-One both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
21.3.3 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and One-Versus-One will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles.
21.3.4 Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
In the event that One-Versus-One makes any future change to this arbitration provision (other than a change to One-Versus-One's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to One-Versus-One's address for Notice, in which case your account with One-Versus-One shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at Section 24.2 is found to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements.
22. Contact us
If you have any questions concerning the One-Versus-One Service or the Agreements, please contact One-Versus-One customer service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy One-Versus-One!
Hintergasse 6, 8803 Rüschlikon, Switzerland
© One-Versus-One AG.