TERMS

Please read carefully the terms and conditions of this end user license agreement (“EULA”) before using the software application (“APP”) provided by InCrowd Sports Ltd (“InCrowd”), a company registered in England and Wales with number 9366216. This is a legal agreement between InCrowd and you. This EULA, the InCrowd master terms of service (available at https://incrowdsports.com/terms.) and the InCrowd privacy policy (available at https://incrowdsports.com/privacy-policy) are incorporated herein by reference (collectively the “TERMS”) and govern the access and use of the APP. Any terms not defined in this EULA shall be given the same meaning as stated in the master terms of service.

By downloading, installing or using this APP you acknowledge and agree that:

•  your use of the APP is solely at your own risk;

•  the APP is licensed to you and you may use the App only as set forth in this EULA;

•  you consent to the collection and use of your personally identifiable information, including the transfer and processing of your information outside your home country, as outlined in the InCrowd Privacy Policy available at https://incrowdsports.com/privacy-policy.

•  you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the APP, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees;

•  as set forth in this EULA, the APP is provided “as is”;

•  you may send an e-mail to enquiries@incrowdsports.comto have a copy of this EULA sent to you; and

•  if you are using the APP on an iOS product, you agree to and acknowledge the “Notice Regarding Apple,” below.

IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.

MODIFICATION OF THE EULA.

InCrowd reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If InCrowd materially modifies this EULA it will post the updated EULA in the “About Menu” of the APP via a hyperlink or by other reasonable means now known or hereafter developed. By continuing to use the APP after InCrowd has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the APP. This Agreement will also govern any software upgrades and/or updates provided by InCrowd that upgrade and/or supplement the APP, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

LIMITED LICENSE

Conditioned upon your compliance with the terms and conditions of this EULA, InCrowd hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the APP solely for your personal use on a device (whether mobile device or other) owned or controlled by you. InCrowd reserves all rights in the APP not expressly granted to you in this EULA.

PHONE SETTINGS AND UNINSTALL PROCEDURES

As part of the installation and operation process of the APP, you may be changing your mobile device settings. By installing the APP, you agree you have approved such changes and you understand you can reconfigure such settings at any time from the “Settings Menu” available in the APP and in the configuration options available in your mobile device from within your mobile device Setting Menu. Such changes may include, without limitation, the following:

•  Allowing the APP to configure the WiFi, Bluetooth and other capabilities of the mobile device.

•  Allowing software updates of the APP once a new version is released and the ability to send notifications.

•  Allowing InCrowd access to location-based information.

•  To uninstall the APP, you may use the standard uninstall procedures offered by your device’s Operating System.

WARRANTY

There is NO WARRANTY for the software. InCrowd provides the Software “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Software is with you. You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any errors shall not constitute a breach of this EULA.

USE RESTRICTIONS

You may not use the APP in any manner that could: (i) damage, disable, overburden, or impair the APP (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the APP (or any server or networks connected to the APP). Except as expressly specified in this EULA, you may not: (a) copy or modify the APP; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the APP to any third party; or (c) use the APP in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the APP, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of InCrowd and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the APP provided in object code or any other InCrowd products or services, in whole or in part, or permit or authorise a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

OPEN SOURCE

Any Open Source Software that may be accompanying the App is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein “Open Source Software” mean open source software components provided with the App that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the App. This EULA does not apply to any Open Source Software accompanying the App and InCrowd hereby disclaims any and all liability to you or any third party related thereto.

TERM AND TERMINATION

This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the APP. InCrowd may terminate support of the APP and/or this EULA, or limit or terminate your access to the APP at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA.

LIABILITY

Nothing in this EULA shall exclude or in any way limit InCrowd’s liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law. InCrowd shall not be liable under or in connection with this EULA for:

•  loss of income;

•  loss of business profits or contracts;

•  business interruption;

•  loss of the use of money or anticipated savings;

•  loss of information;

•  loss of opportunity, goodwill or reputation;

•  loss of, damage to or corruption of data; or

•  any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

InCrowd’s maximum aggregate liability under or in connection with this EULA, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the price paid for the Software.
InCrowd’s liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.

You acknowledge that InCrowd is not responsible for any content accessed through use of the APP, and agree to indemnify and hold InCrowd, and its affiliates, officers, agents, partners, and employees, against any claim or demand made by any third party due to or arising out of such content.
LAW AND JURISDICTION This EULA, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law and submitted to the exclusive jurisdiction of the English courts.

NOTICE REGARDING APPLE

You acknowledge that this EULA is between you and InCrowd 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: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) 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 EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

PRIVACY POLICY

Introduction

Your information is very important to us and we look after your information carefully in line with data protection and privacy laws. We’ve set out below more detail on what information we collect about you and how we use that information.
Please do read this policy so you know what we are doing with your information.
By accessing and using our services, you are agreeing to the terms of this privacy policy.
We may update this privacy policy from time to time and will post any changes on our website at https://incrowdsports.com/terms-privacy-policy so it’s a good idea to come back and read through them again, from time to time.

Which company does this policy cover?

Any reference to “we”, “us” and “our” is to InCrowd Sports Limited.

InCrowd Sports Ltd is a company registered in England and Wales (registered number is 9366216) with registered office at 4th Floor, Bedser Stand, Kia Oval, Kennington, London, SE11 5SS. We are registered on the Data Protection Public Register. Our Data Protection Registration Number is ZA046865. To find out more information about the Data Protection Register, visit the Information Commissioner’s Office website.

What services does this policy cover?

Our services may include (without limitation) software applications on mobile devices which are wholly controlled by us, or third party software applications which use our software as libraries (the “Services”). This policy covers all of the Services and any reference to “you” or “your”, means you as user of our Services. This policy applies to the collection and use of your information by us and parties that we authorise (such as our suppliers and sub-contractors).

What information do you collect?

What information we collect about you depends which of our Services you are using. The information that we may collect includes:

•  your name, address, postcode, email address, date of birth, telephone number, payment details and service details (if applicable);

•  information about your use of our Services including details of your internet protocol (IP) address, operating system, browser version, cookie details, the content you viewed on our Services, how long you stayed and on which services, and your navigation around the Services;

•  location data from your IP address or by accessing global positioning functionality on your device (e.g. GPS). We may use this so that we can “geo-block” or regionalise our Services to ensure that the Services operate correctly and provide information to event organisers about their attendees;

•  other data from time to time to help us provide you with improved products and services – for example when we ask you to fill in a survey or questionnaire;

•  other data to ensure and check compliance with the end user license agreement (https://incrowdsports.com/terms) and/or otherwise as required by law.

When and how do you collect information?

•  We (or our authorised third parties) may collect information about you:
•  when you register for Services. including (without limitation) when buying or subscribing for content from us or when you otherwise update your details;
•  when you contact us with an enquiry or other feedback;
•  when you participate in interactivity, for example, when you submit an entry to a competition or prize draw, or you vote in one of our polls;
•  when you request to be sent communications such as updates or newsletters;
in monitoring your use of the Services including (without limitation) communications sent by you via the Services;
•  when we are checking compliance with the Terms of Use and/or otherwise as required by law;
through the use of “cookies” and/or other devices. For full details, see our cookie policy and the section entitled “Cookies and similar devices” below;
•  when you disclose your personal information to us or otherwise through the Services at any other point;
from third party suppliers who have confirmed to us that they are authorised to pass your information to us in accordance with your legal rights.
•  We may also combine information that you provide on one Service with information collected from other Services and/or with information that is publicly available or that we receive from other reputable sources. All information will be stored and used in accordance with this privacy policy.

Cookies and similar devices

In addition, in common with many other online services, we and our authorised third parties may use “cookies” and/or other tools to store and sometimes track information about you. For more details about what cookies are, the cookies that we use and how to disable them, please see our cookie policy.

How will you use my information?

Your information may be used by us and our authorised third parties to:
•  monitor, develop and improve the Services and/or your experience. This may include personalising the advertising and content you see, based on the details given by you and/or your activity on the Services;
•  assist in and administer the provision of Services to you;
•  send you or provide you with product and service recommendations;
•  process payments from you to us (where applicable) on our behalf;
•  process and deal with any complaints or enquiries made by or about you;
•  investigate any suspected breach of the Terms of Use or the breach of other terms and conditions otherwise relating to you;
contact you with service messages;
•  monitor compliance with the Terms of Use or other applicable terms and conditions including by way of (i) checking postings or submissions in connection with your use of the Services, and/or (ii) using keyword triggers to investigate usage that may be inappropriate;
•  administer the prize if you are a prize winner, and to publish or otherwise make available a list of prize winners; and/or
provide you with access to one or more social networking sites from the Services. If you choose to connect to a social networking site from your the Services, your personal information may be shared between InCrowd and your social networking account(s). Any personal data shared with a third party social network provider will be processed in accordance with their own privacy policy.

What are the privacy implications of the TribeHive Connect network?

The HiveCore network is InCrowd’s technology that provides a connectivity boost within crowded venues such as football matches. Updates to content available within the app shared by all are delivered from phone to phone within the venue. When your personal content, such as your personal Twitter timeline or your Tweets, goes over the HiveCore network, it is encrypted using state of the art technology (AES 256), using a shared secret held only on your phone and our secure portal server. You can be sure that no one can read your data in transit. Our apps do not read any other personal data on your phone, except where you have given permission.

Will I be sent marketing messages?

Generally, we will only send you marketing messages if you indicate that you consent (e.g. by “opting-in”) to receiving such messages. Where we have your consent or are otherwise permitted to do so, we may:
•  send you information by email, telephone (including SMS), mail or other methods of communication about existing and new services and special offers from us;
•  send you information by email, telephone (including SMS), mail or other methods of communication about related products or services of selected third parties that may be of interest to you; and
•  pass your details to selected third parties so that they may send you information by email, telephone (including SMS), mail or other methods of communication about products or services that may be of interest to you.

By choosing to interact with our services by SMS text message, you will be indicating that you consent to receive marketing communications from us via SMS text message in respect of similar products and services. You can avoid receiving these communications by adding NO INFO at the end of your SMS.

To stop receiving marketing communications from us, you can use the ‘unsubscribe’, ‘stop’ or similar facility contained in any such communication or you can email us at the email address set out in “Contact Details” below stating that you do not wish to receive further communications from us.

To opt-out of receiving any such communications from a third party, you will need to contact the applicable third party. Please note that we are not responsible for the communications or the content of any communications you receive from any such third party.

We do not pass or sell your personal information to third parties for any other purpose than as set out in this privacy policy. Unless you have given us your consent to pass your details to a third party, any marketing referred to in this section is conducted by us on our own behalf or on behalf of third parties to whom we have not given any access to your data.

Do you share my information?

We may pass information about you to other parties as follows:
•  to third parties authorised by us and acting on our behalf such as our employees, contractors, suppliers and/or agents including without limitation our customer care teams to administer the Services provided to you by us now or in the future;
•  to third parties who have engaged us to administer services on their behalf, such as stadium owners, football clubs and the Football League. When we are acting in such capacity, we will show who is the third party. These third parties may have their own privacy policies and/or terms and conditions of use, which we recommend you read before using any such services.
•  where we have your consent to do so, for marketing communications (see section on “Marketing Communications” above);
•  as part of general statistical information about the Services’ user base, sales patterns, traffic volumes and related matters. These details will not include information personally identifying you;
•  to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence, unlawful activity or suspected breach of the Terms of Use and or the breach of other terms and conditions or otherwise where required by law. We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of or any other information about anyone breaching any relevant terms and conditions or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders;
•  if there are changes to our business (see section below on “Changes to our business”).

We may also display targeted advertisements based on the personal information that we or our clients hold. We do not provide your personal information to advertisers but advertisers and ad serving companies may assume that you meet the targeting criteria for that ad, for example men aged 18-30.

Please note this policy does not cover companies, services or applications that we do not own or control, or people that we do not employ or manage, including (without limitation) third party websites or applications/widgets (e.g. from “social media” platforms such as Facebook or Twitter) which we link to or offer via our Services, nor does it cover advertisers. Also, it does not cover certain pages and services provided via our Services which are hosted, managed and operated by other parties. These services, applications and third parties may have their own privacy policies and/or terms and conditions of use, which we recommend you read before using any such services. These third parties and services are wholly independent of us and are solely responsible for all aspects of their relationship with you and any use you may make of such services.

Service providers based outside Europe

We use certain third party companies to perform some functions of the Services on our behalf (for example sending e-mails to you or analysing data that is collected from the Services) or to provide services to us. These third parties are only allowed access to your information needed to perform such functions or to provide such services. They are not allowed to use it for any other purpose.
Some of these third party companies are either located and/or have servers which are located outside the European Economic Area. Where we share your information with such companies, we will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this privacy policy. However, please note that the data protection and other laws of such countries may not be as comprehensive as those in the European Economic Area.

Changes to our business

If we decide to change or re-organise the structure of our business, we may need to pass your personal information to one of our group companies so that we can continue to effectively deliver the Services to you.
Also, if we become involved in a merger, acquisition, restructuring, reorganisation or other transaction involving the sale of some or all of our or our group companies’ assets, then your information may be included in the assets which are transferred to the new owner and may be provided to the entities and advisors involved. Such a transaction may involve us: (i) retaining the right to continue to use transferred personal information in addition to the right of the new owner to use such information; and (ii) engaging in additional transfers of personal information (including new personal information) with the new owner from time to time following such a transaction.
If there are changes to our business (such as a re-organisation or restructuring), your personal information will remain subject to this privacy policy (as amended from time to time). However, where your personal information is transferred to a new owner following a merger or acquisition, it may be subject to a different privacy policy. We or the new owner, will provide notice to you at your email address on file (where available) before any of your personal information becomes subject to a different privacy policy.

Are my details safe?

We endeavour to take all reasonable steps to protect your personal information. Where reasonably possible we use industry-standard technology to allow for the encryption of sensitive information.
Please always think carefully before disclosing information to other users or otherwise making your information publicly available. It is important that you are aware that any information you disclose to another user may then be disclosed by that user. We have no responsibility or control over the contents of communications made between users of our Services.

How can I change my details?

Where you register your details for certain Services and open a user account with us that you can then use to access and log on to use those Services, you may change or update some of your details at any time via your account. If you are not registered for these Services but wish to update your details then please contact us (see “Contact Us” section below). You should please make sure that you update your details as soon as possible with all relevant changes.

FanScore – Prize Competition Terms and Conditions

FanScore Competitions

  • Users of the App may choose to participate in various competitions on our social gaming platform, FanScore (the “FanScore Competitions”). The FanScore Competitions will consist of polls, predictions, quizzes and other games, the rules of which will be notified to you at the time of entry. The FanScore Competitions will either: (a) award points for participation in individual FanScore Competitions and/or across all FanScore Competitions; or (b) require entrants to correctly predict the outcome of certain events in relation to a match or series of matches.  The winner of each FanScore Competition will be: in the case of (a), the entrant who accumulates the most points in that particular FanScore Competition or series of FanScore Competitions; and in the case of (b), the entrant who correctly predicts the outcome of all of the relevant events.
    • By participating in a FanScore Competition, you are agreeing to be bound by these terms and conditions.

Promoter

The promoter of the FanScore Competitions is InCrowd Sports Limited. InCrowd Sports Limited is a company registered in England and Wales (registered number 9366216) with registered office at 4th Floor, Bedser Stand, Kia Oval, Kennington, London, SE11 5SS.

Apple is not a sponsor or involved in the activity in any manner.

How to enter

  • The starting date and closing date of each FanScore Competition will be notified to you during the relevant entry process.
    • All FanScore Competition entries must be received by InCrowd by no later than the closing date for the relevant FanScore Competition.  All FanScore Competition entries received after the closing date are automatically disqualified.
    • The FanScore Competitions will be open to users through the App.  No purchase is necessary and there is no charge to register for use of the App.
    • InCrowd will not accept responsibility for FanScore Competition entries that are lost, altered or damaged, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

Eligibility

  • The FanScore Competitions are open to all users except:
    – employees of InCrowd or its holding or subsidiary companies;
    – employees of any third party who supplies a prize (whether directly or indirectly) for a FanScore Competition;
    – employees of agents or suppliers of InCrowd or their holding or subsidiary companies, who are professionally connected with the FanScore Competitions or their administration; or
    – members of the immediate families or households of the persons described above.
    • In entering a FanScore Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. InCrowd may require you to provide proof that you are eligible to enter the FanScore Competitions.
    • If you are under the age of 18, you must obtain written parental consent to enter and claim your prize. InCrowd may ask the winner to provide proof of age.
    • InCrowd will not accept FanScore Competition entries that are:
    – automatically generated by computer;
    – completed by third parties or in bulk; or
    – incomplete.
    • There is a limit of one entry per FanScore Competition for each App user.

Prizes

  • The prize(s) available to be won for each FanScore Competition will be notified to you during the entry process for the relevant FanScore Competition.
    • Prizes are subject to availability. Other than as set out below, there is no cash alternative for prizes and they are not negotiable or transferable.
    • The prizes for the FanScore Competitions are supplied by third parties. InCrowd reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond InCrowd’s control make it necessary to do so.
    • If more than one entrant wins a FanScore Competition, the relevant prize or its equivalent cash value (at our discretion) will be split between the winners.
    • You are responsible for obtaining and maintaining all licences, permits and permissions necessary for you to be able to use the relevant prize once it is provided to you.

Winner announcement

  • The winner of each FanScore Competition will be announced on the App and our website as soon as reasonably practicable following the closing date of the relevant FanScore Competition.
    • The decision of InCrowd is final and no correspondence or discussion will be entered into.
    • InCrowd will contact the winner personally as soon as practicable after the closing date of the relevant FanScore Competition, using the contact details provided when the user downloaded the App.
    • InCrowd will send the name and country of the winner to anyone who writes within one month after the closing date of the relevant FanScore Competition requesting details of the winner and who encloses a self-addressed envelope to InCrowd’s registered office.

Claiming the prize

  • Please allow 28 days for delivery of the prize.
    • InCrowd will make all reasonable efforts to contact the winner of each FanScore Competition. If the winner cannot be contacted or is not available, or has not claimed their prize within 30 days of the date on which the winner is announced, InCrowd reserves the right (but is not obligated) to offer the prize to the runner-up of that FanScore Competition.
    • InCrowd does not accept any responsibility if you are not able to take up the prize.

Limitation and exclusions of liability
• Insofar as is permitted by law, InCrowd, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or any entrant, or accept any liability, for any loss, damage, costs, expenses, personal injury or death occurring as a result of: (i) taking up the prize; (ii) any postponement, cancellation, delay or changes to the prizes, promotions or relevant fixtures beyond InCrowd’s reasonable control; (iii) any act or default of any third party supplier; (iv) any technical failures or unavailability of the App or other related platforms; or (v) any obvious errors or omissions relating to the awarding of prizes, except where it is caused by the negligence of InCrowd, its agents or distributors or that of their employees. Your statutory rights are not affected.

Ownership of entries and intellectual property rights

  • All FanScore Competition entries submitted to InCrowd will become the property of InCrowd on receipt and will not be returned.
    • By submitting your entry, you agree to:
    – assign to InCrowd all your intellectual property rights with full title guarantee; and
    – waive all moral rights,
    in and to your FanScore Competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

Data protection and publicity

  • If you are the winner of a FanScore Competition, you agree that InCrowd may use your name, image, town, region/state or country of residence to announce the winner of that FanScore Competition and for any other reasonable and related promotional purposes.
    • You further agree to participate in any reasonable publicity required by InCrowd.

General

  • If there is any reason to believe that there has been a breach of these terms and conditions, InCrowd may, at its sole discretion, reserve the right to exclude you from participating in any FanScore Competition.
    • InCrowd reserves the right to hold void, suspend, cancel, or amend a FanScore Competition where it becomes necessary to do so.
    • These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

Contact us

You can email us with any questions, queries or complaints at enquiries@incrowdsports.com.