1. Introduction

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1.1 Who we are and our purpose! 

bexleyrugby.co.uk and bexleyrugby.app are services by Bexley Rugby Club situated in Bexley. (hereinafter referred to as ‘We”,” Us”, “Our”, “Bexley Rugby”)

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The Member/Player (hereinafter referred to as ‘User’, ‘You’) will have access to their own account and can control their player profile if they are an official player at Bexley Rugby Club.

    

1.2 Legal Agreement 

Our Terms of Use constitutes a binding and enforceable legal contract between Bexley Rugby and you, in relation to the use of any our services situated on either www.bexleyrugby.co.uk or www.bexleyrugby.app.

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You may visit and/or use Bexley Rugby Services, only if you fully agree to the Bexley Rugby Terms. If you do not read, fully understand, and agree to Terms, you must immediately leave our service and avoid or discontinue all use of the Bexley Rugby Services.

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By using our Services, you acknowledge that you have read our Privacy Policy available at www.bexleyrugby.co.uk/privacy  

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2. User Accounts

To access certain sections of our site and services you are required to have a user account with us. This is completed by:

 

2.1 Signing up to Bexley Rugby Website and/or Bexley Rugby Junior App

When you sign up to either of Bexley Rugby Club services you will be asked to provide certain information about your account.

Signing up to our main website you will be asked to join a specific category. It’s important to know what category you should apply:

 

Players

For players of Bexley Rugby Club, having this type of account you will have a public accessible and searchable profile. You can edit and amend your profile as you see fit.

 

Parents

For parents of Bexley Rugby Club, having this type of account you will be able to access protected pages for members only, including but not limited to Locked Galleries.

 

Player Plus (Also a Parent at the club)

For Player Plus Users, you will have both access to Players profile and all of the areas that parents can access.

 

 

 

2.2 Signing up to Bexley Rugby Website and/or Bexley Rugby Junior App

Both our website and app has an approval service. Only actual or recognised members of the club in both the Adult and Junior Section can become a member of the Bexley Rugby website and/or app. This may take up to 72hrs for approval to be given. You will receive an email of confirmation if accepted. No confirmation email will be sent if you are not approved.

 

Being part of the Bexley Rugby Club, we do not send out marketing emails or promotional emails, unless you have specifically opt-in via the Newsletter Marketing sign up on the bexleyrugby.co.uk homepage, or given the preference via the Junior App.

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You must provide accurate and complete information when signing up to both Bexley Rugby Club Website and/or Bexley Rugby Junior App.

 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, or a business license) that may assist us in determining ownership.

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3. Your Obligations

 

3.1 You represent and warrant that:

You are sixteen (16) years of age or above, or the legal age of majority in your jurisdiction and possesses the legal authority, right and freedom to enter the Bexley Rugby Club Terms of Use.

 

3.2 Content Provided for Player Accounts

You confirm that you own all rights in and to any content given over to Bexley Rugby Club website for use in your Player’s Profile. This includes any images, usernames, information you provide for the purpose of creation, text, literary works, and any other materials ('Content'), or otherwise have (and will continue to have) the full power. You have (and will maintain) the full power, title, and authority to allow Bexley Rugby Club or any authorised third-party Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using your User Content.

 

You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission, and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

Where possible files and images are in the highest quality possible. We recommend in formats of JPEG, PNG

 

3.3 Your undertaking and agreement to our Website Service​  

Allow Bexley Rugby Club to use in perpetuity, worldwide and free of charge, any version of your Player Profile for any of Bexley Rugby Club's Marketing and promotional Activities, online and/or offline and modify it as reasonably required for such purposes, and you waive any claims against Bexley Rugby Club or anyone on its behalf relating to any past, present or future moral rights, artists' rights or any other similar rights worldwide that you may have in or to your Player Profile with respect to such limited permitted uses.

 

 

3.4 You agree and undertake not to on any Product / Service via Website or App

Copy, modify, create derivative works of, download without permission from Bexley Rugby Club, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble any Product that Bexley Rugby Club’s website creator Silvester Design creates, any Content offered by Bexley Rugby Club in conjunction with Silvester Design and/or any Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Bexley Rugby Club's prior written and specific consent and/or as expressly permitted under the Bexley Rugby Club Terms.

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Act in a manner which might be perceived as damaging to Bexley Rugby Club’s reputation and goodwill or which may bring Bexley Rugby Club into disrepute or harm, impersonate any person or entity or provide false information on Bexley Rugby Club’s Products and/or Services, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Bexley Rugby Club, Third-Party Services and/or any End Users;

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Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Bexley Rugby Club or any third party endorses you, your Player Profile, or any statement you make, remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Bexley Rugby Club Services and/or Licensed Content violate, attempt to violate, or otherwise, fail to comply with any of the Bexley Rugby Club Terms or any laws or requirements applicable to your use for any of your Products. 

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You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Client Account by Bexley Rugby Club – with or without further notice to you.

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4. Copyright and Trademarks & e-Commerce Laws

 

4.1 Your Intellectual Property 

As between Bexley Rugby Club and you, you shall own all intellectual property pertaining to your Player Profile and to any other materials created by Bexley Rugby Club, including any Design, images, animations, videos, audio, files, font, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Bexley Rugby Club does not claim ownership rights on your Content. For the sole purpose of granting you a service, you know and agree that we will need to access, upload and/or copy your user Content for archival uses, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. Products that use Third Party Service Providers must abide by their Terms Of Use regarding Content and Ownership.  ​

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4.2 Bexley Rugby Club’s Intellectual Property 

All rights, title and interest in and to Bexley Rugby Club Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, Websites, literary work, source and object code, computer code (including HTML, JSON), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Bexley Rugby Club Services, methods, Products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Bexley Rugby Club.​

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The Bexley Rugby Club Terms do not convey any right or interest in or to Bexley Rugby Club's Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Bexley Rugby Club Terms constitutes an assignment or waiver of Bexley Rugby Club’s Intellectual Property rights under any law.

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4.3 User Agreement

The User unconditionally guarantees that any elements of text, graphics, photos, videos, logos, designs, trademarks, or other artwork furnished to Bexley Rugby Club and for inclusion in the Website is owned by the User, or that the User has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Bexley Rugby Club and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. Please refer to Section 3.2 for more information. 

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4.4 Copyright

The User agrees to provide content to Bexley Rugby Club that does not infringe upon any company. The User also agrees to never upload copyrighted content onto their Player unless permission from the rightful owner is given. 

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5. Feedback and Suggestions

 

5.1 Feedback and Suggestions 

If you provide us with any suggestions, comments or other feedback relating to any Bexley Rugby Club Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Bexley Rugby Club. By providing such Feedback to Bexley Rugby Club, you acknowledge and agree that it may be used by Bexley Rugby Club in order to: (i) further develop and improve Bexley Rugby Club Services, (ii) provide ongoing assistance and technical support, (iii) to enhance Bexley Rugby Club data security and fraud prevention capabilities, and (iv) to comply with any applicable laws and regulations. In addition, you     (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

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​​5.2 Privacy

Certain parts of the Bexley Rugby Club Services require or involve the submission, collection and/or use of certain personal identifying or identifiable information. In particular and as a part of accessing or using the Bexley Rugby Club Services and such Third-Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Bexley Rugby Club Services and/or User Products. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

 

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6. Misconduct and Cancellations 

 

6.1. Misconduct and Abuse

When using the Bexley Rugby Club Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Bexley Rugby Club with respect thereto.

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If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Bexley Rugby Club Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon Bexley Rugby Club and that Bexley Rugby Club may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

 

 

 

7. Limitation of Liability

 To the fullest extent permitted by law, Bexley Rugby Club, its directors, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Bexley Rugby Club Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Bexley Rugby Club Services; (6) events beyond the reasonable control of Bexley Rugby Club, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Bexley Rugby Club Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Bexley Rugby Club’s services to you, and such limitations will apply even if Bexley Rugby Club has been advised of the possibility of such liabilities.

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8. Indemnity

 You agree to defend, indemnify and hold harmless Bexley Rugby Club, its directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Bexley Rugby Terms; (2) your violation of any third party rights, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Bexley Rugby Club Services, including, without limitation, Bexley Rugby Club Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

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9. Agreements, Changes & Updates 

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9.1 Agreements

Upon acceptance, the User agrees to the terms, conditions, and stipulations of an agreement on behalf of his or her organisation or business.

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9.2 Changes & Updates 

Bexley Rugby Club reserves the right to change, suspend or terminate any of the Bexley Rugby Club Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Bexley Rugby Club Services for any reason and/or change any of the Bexley Rugby Club Terms with or without prior notice - at any time and in any manner.

You agree that Bexley Rugby Club will not be liable to you or to any third party for any modification, suspension, or discontinuance of those Bexley Rugby Club Services.

 

9.3 Notices 

We may provide you with notices in any of the following methods: (1) by e-mail, sent to the e-mail address you provided us for each service; (2) through any other means, including any phone number or physical address you provided us. Bexley Rugby Club's notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

 

9.4 Changes to Terms of Use

We may update this Terms of Use as required by applicable law, and to reflect changes to our information collection, usage, and storage practices. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you using one of the notification methods prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

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Unless stated otherwise, our most current Terms of Use applies to all information that we have about you and your Users-of-Users, with respect to our Website, Bexley Rugby Club and other Services.

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