… and in detail
Welcome to recCenter, an online social marketplace for recreational sports (the “Service”). The Service is owned and operated by RecCenter, LTD. (“recCenter”, “we”, “us” and “our”). It is available through our designated mobile application (the “App”).
Use of the Service may be subject to additional terms and conditions that govern the use of Apple devices, application marketplaces or other services that interact with the App. You alone are responsible for complying with such additional terms and conditions.
recCenter is a social marketplace for recreational sports events such as tournaments, leagues, sports games, training groups, Yoga and Pilates classes and social meetings (each, an “Event”). The Service enables users like you (“Players”) to discover and register to various Events, join amateur leagues and book venues offered through the App. You may also create and organize Events, teams and amateur leagues and offer venues for other Players to book (in which case you are an “Organizer”). Organizers together with Players will be referred to as “Users”.
When signing up to an Event or venue, you may be asked to accept the Organizer’s terms and conditions governing your sign-up or participation in the Event or venue.
For each Event that an Organizer posts to the App, the Organizer, in his or her sole discretion, determines whether it is free of charge or subject to a certain fee. The Organizer also determines whether the Event will be open to all Players within the App (“Public Event”) or only to particular invitees (“Private Event”).
Each User can post content on the App such as Events, text, photos, videos and geographic locations (“Content”), to promote and share with the recCenter community or with your friends on various social networks. You can also engage with other Players by following their activities, commenting on, sharing or liking their Content through the App. Your feed on the App will present the activities of Players you follow as well as other activities we believe you may be interested in according to your profile preferences (“Feed”).
DISCLAIMERS ABOUT CONTENT, EVENTS AND VENUES
MOST OF THE content PRESENTED THROUGH THE APP ORIGINATES FROM OTHER USERS OF THE APP, NOT US. WE DISCLAIM ANY RESPONSIBILITY FOR THE content’s accuracy or reliability, as well as for the AVAILaBILITY OF THE EVENTS.
WE also DISCLAIM ANY RESPONSIBILITY FOR THE VENUES’ SUITABILITY to host EVENTS, ITS CONDITION, QUALITY AND FACILITIES. You are solely responsible for the content you make available through the app and for the consequences associated with posting content on the app.
We do not guarantee and make no representation or judgment about the accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality of the Content AVAILABLE IN THE APP.
Any and all communications between you and other users, all engagements, dealings and transactions that you make with ORGANIZERS, and other consequences resulting from the above, are strictly between you and the relevant user OR ORGANIZER. We are not a party to those communications, interactions, dealings, engagements and transactions.
The relevant Organizer are solely responsible for the accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality of such the Content they post (including fees, prices and gear images and descriptions), for providing you the gear rented or training session requested (as the case may be), and processing refunds, returns and exchanges (if and where applicable).
You ARE SOLELY RESPONSIBLE for:
Please note that for certain Events, bookings made through the App are merely requests which the Organizer does not confirm or guarantee until you receive explicit confirmation for the booking.
False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.
Additional Information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service or when you submit support tickets related to your Service account.
Fee based Services. Use of the App is free of charge, except for certain Events and venues or other services offered by Organizers within the App (“Product”) that may be subject to fees at the rates and schemes determined and posted by the Organizer on the relevant pages of the Service ("Fee-Based Services"). Fee-Based Services can only be paid through PayPal or one of the other payment methods we establish from time to time. Without derogating from the above, we may, at any time and in our sole discretion, change a free-of-charge feature to a fee-based feature.
Currency and Rates. Fee-Based Services are chargeable in US Dollars.
Refund or Cancellation. Unless otherwise mandated by law, all your payment obligations are non-cancelable and all amounts paid in connection therewith are non-refundable by recCenter. You are solely responsible for paying all applicable fees for the Products that you purchased, whether or not you actually attend, enjoyed or otherwise benefited from them.
Sellers. Organizers who offer Products through the Service will be entitled to receive payment for the Products only if and when a User signs-up to, and actually pays for, the Product. The information documented in our systems and records, such as the sign-ups to Product, will be used to determine the Organizer’s eligibility for payment for the product, and are final and non-contestable. We will charge Organizers who offer Products through the Service commission at the rates and schemes presented during registration. An Organizer may receive payments for the Products Users have paid for according to the terms and conditions presented during registration.
An Organizer can withdraw payments in the form of a money transfer in US Dollars to the Organizer’s PayPal account or in other forms of payment that we may offer from time to time. In the event of such withdrawal, any applicable transaction fees and taxes will be deducted from the US Dollar value of the Organizer’s account balance.
The Organizer is solely responsible for reporting such income to the relevant taxation authorities, and paying all taxes applicable to the payout, as required by the applicable tax laws. If we request from an Organizer, he or she will promptly complete and submit to us all tax forms, tax certificates or tax authorizations we deem necessary, under the applicable tax laws. Payments accumulated in the Organizer’s account are non-transferable and non-assignable. Organizers are not entitled to any interest or linkage differentials on payments accumulated in their account.
Failing to Pay. Failing to settle your payments for Fee-Based Services will prevent you from continuing to use the Service, without regard to any other remedies available to us under applicable law.
Ads. We may incorporate advertisements or commercial information in the App or in any feature in the Service. We do not control the ads and cannot guarantee that they are reliable or accurate. Including them in the Service does not mean that we recommend or endorse the goods or services that they offer. If you choose to purchase them, you do it on your own accord and we bear no responsibility for your decision or its consequences.
Sponsored Services. We may cooperate with advertisers or commercial vendors in order to offer you sponsored services. These may include, for example, sports gear. The sponsored services are always offered by their respective providers and under their exclusive responsibility. If you encounter any problem with the sponsored services, or if you have any complaint about them, you should address it to the relevant provider only. We are not responsible for such sponsored services.
USE OF THE SERVICE
Prohibited use. When using the Service, you must refrain from –
You are solely responsible for the content you make available through the service and for the consequences associated with doing so.
Blocking content. We may, but are under no duty to, review content made available through the App. We may, in our sole discretion, temporarily or permanently delete or block access to content, if we find such content in violation of these Terms.
Our intellectual property. All rights, title and interest in and to the App and the Service, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, but excluding any content that originates from Users, are the exclusive property of recCenter and its licensors. This including the App’s design, graphics, computer code, “look and feel” and recCenter’s domain names.
Restrictions. You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the App or the Service or any part thereof, in any way or by any means.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
License. We do not claim any ownership over your Content or other Users’ Content. However, you grant us an irrevocable, perpetual, world-wide, royalty-free, sub-licensable and assignable license to copy, reproduce, create derivative works of, distribute, broadcast, make available and communicate to the public your Content in order to provide the Service and its features.
Your Content is public. Any Content that you provide through the Service may be available to all Users.
Links. The Service and the Content may include links to other online resources that third parties provide. We do not operate or monitor these online resources or their content. We assume no responsibility or liability for such third party content or their availability.
REQUESTS TO REMOVE CONTENT FROM THE SERVICE
Requests to remove Content due to copyright infringement must be made in accordance with our Copyright Policy . After receiving a request to remove or re-post Content on the Service, we will review the request and take action as necessary.
If you are under the legal age of maturity in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. By using the Service, you declare to us that you have obtained it. If you are under the age of 13 you may not use the Service in any way.
Terminating Your Account. You may, at any time, request to terminate your account by contacting us at email@example.com. Please note that merely uninstalling the App won't delete your account and its details, including all the information associated with it, which would still remain on our systems.
We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms.
Upon termination of these Terms or your account, for any reason, your right to use the Service is terminated and you must immediately cease using the Service; and we will not be liable to you for termination of access to the App.
Operation of the Service. We may at any time discontinue or terminate the operation of the App or the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
Changing the Service. We may, at any time and without prior notice change the layout, design, scope, features or availability of the App and the Service.
Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the App after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE APP WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE, THE EVENTS, LEAGUES, VENUES, PRODUCTS OR OTHER CONTENT AVAILABLE THROUGH OR IN THE APP, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED THROUGH THE APP WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE APP, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BODILY INJURY OR OTHER DAMAGE CAUSED BY PARTICIPATING IN AN EVENT ORGANIZED THROUGH THE APP, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE APP, OR FROM ANY COMMUNICATION THROUGH THE APP, OR WITH OTHER USERS ON THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE APP.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement of any other person’s rights.
Your use of the Service may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as iTunes, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded an App from Apple's App Store. You and us agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You 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.
Governing Law, jurisdiction
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of York.
Any and all disputes, claims or controversies between you or your Users and recCenter regarding these Terms or the use of the Service, which are not amicably resolved, shall be settled through binding arbitration (rather than in court) by telephone, online or based solely upon written submissions without in-person appearance, administered by the American Arbitration Association (AAA), under its Commercial Arbitration Rules (which are available at www.adr.org). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, you may lodge claims in small claims court if your claim qualifies.
The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
Payment of filing, administration and arbitrator fees will be governed by the AAA's Commercial Arbitration Rules. These fees will be shared equally by you and us, unless the arbitrator: (i) determines that the claims are frivolous, in which case the claimant shall bear all such fees arising from the frivolous claim; or (ii) determines that the fees should be allocated differently.
You may opt-out of the above arbitration clause by emailing us to firstname.lastname@example.org, within 10 days of entering into these Terms for the first time, an opt-out notice that identifies yourself and clearly sets out your choice to opt out of dispute settlement by arbitration. In case of such opt-out, any and all disputes, claims or controversies between you and us regarding these Terms or the use of the Service, which are not amicably resolved, shall be subject to the exclusive jurisdiction and venue of the state and federal courts in New York County in the State of New York, USA.
Notwithstanding anything to the contrary in this section, either party may file: (a) an impleader claim against the other party in any court of competent jurisdiction; (b) in any court of competent jurisdiction a claim concerning the infringement (or alleged infringement) of intellectual property rights.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: email@example.com, or through our online contact form.
Effective Date: December 8th, 2016.