1. Introduction
These terms & conditions regulate the use of the website www.scoreplay.io and the use of ScorePlay's SaaS (software as a service), a media asset manager, registered on the same domain.
The website (hereinafter the “Website”) and software (hereinafter the “Software”) were created, belong, and are operated by ScorePlay Inc., owner of the ScorePlay brand and Neptuneplay SA, with headquarters in 447 Broadway, 2nd Floor, 1071, New York, NY 10013, USA, hereinafter “ScorePlay”.
2. Acceptance of the terms of use
The user (hereinafter the “User”) of the Website or Software acknowledges that by using the Website or Software they accept these terms of use.
3. Terms of use
The objective of these terms is the provision of services, including the use of the Website and Software and its maintenance and technical support. ScorePlay provides services and software for media asset management, amongst other services on their domain and subdomains, on the Website. The User will be provided with access to the service.
The Website and Software is exclusively owned by ScorePlay, which is the author and owner of all intellectual property rights regarding the software, and it will be provided to the User in the modality of SaaS – Software as a Service, and thus will not be installed in the equipment and servers of the User.
4. Acquisition of products and services
ScorePlay provides services and software for media asset management, amongst other services. The User may have to provide some information in order to acquire ScorePlay’s products or services. The personal data confirmed by the User are subject to its responsibility. The agreement for the provision of the Software (hereinafter, the “Agreement”) will be agreed and counter-signed by both parties before its validity, and includes the acceptance of these Terms of use.
5. Duration
Notwithstanding the previous point, the Agreement may be freely denounced by any of the Parties, through written communication to the other Party, within 30 (thirty) days of the counter-signing of the contract.
The Agreement may be freely terminated by either Party, through written communication to the other Party, with a minimum prior notice of 30 (thirty) days as to the date on which that Party wants the termination to take effect.
Upon termination of this Agreement, the client shall immediately cease use of the Software. For more information in regards to the security copy of the database, see point 13 (Content ownership).
6. Price and payment
For the use of the Software, the User will pay ScorePlay a contractually pre-determined price per period. The value for the use of the Software is billed on an agreed-upon recurring basis, after the signature of this Agreement.
7. Access to website and software
ScorePlay reserves the right to, at any time, suspend or close, partially or in full, permanently or temporarily, the Website or Software or any of its services, if ScorePlay reasonably suspects fraudulent or illegal activity in the User’s account, or direct material loss, material violation or an attempted material violation of these Terms or for other security reasons, provided such suspension or limitation may only be to the extent reasonably necessary to protect against the applicable condition, activity, or use. Upon determining that it must suspend or limit the services, ScorePlay shall provide the User with written notification. ScorePlay will promptly remove the suspension or limitation as soon as the condition, activity or use is resolved and mitigated in full. The User does not reserve any right to compensation or indemnification resulting from suspension or limitation of its account.
8. Passwords for the use of the software
The passwords for the usage of the Software created by ScorePlay are mediated by the platform provided by ScorePlay. To have access to certain parts of the Software or products and services that ScorePlay provides, it is necessary to use one or more passwords. The User takes entire responsibility to keep their passwords private and correctly protect them. The User will prevent third-parties from access to such passwords, unless the access by a third-party has been expressly authorised by ScorePlay. The User agrees to take full responsibility for the economic consequences and any other resulting from any use of the password on ScorePlay’s Software, as well as for the use of the User’s or Third-parties’ passwords.
9. Website and software information
The ScorePlay Website and Software is constantly updating. ScorePlay undertakes to use its best endeavours to assure a reliable operation and present only accurate information about the aforementioned Website and Software. However, it is possible that the Website and Software sometimes contain imprecisions or errors and there might be technical errors that may complicate operating the Website or Software on a short term basis. Therefore, ScorePlay cannot guarantee the perpetual functioning of the Website, Software or its content or information, implicitly or explicitly.
10. Website and software liability
The User is solely responsible for its use of the Website www.scoreplay.io and any other associated subdomains, such as the Software.
Any use of the contents of the ScorePlay Website or Software for purposes that are not those intended, including the usage in violation of these terms of use, as well as the violation, by the User, of third-party rights, will be the sole responsibility of the User, which will be responsible for the damages, direct or indirect, caused to himself, ScorePlay, or any other third party.
ScorePlay does not accept any responsibility regarding the use of its Website, Software and its content.
ScorePlay does not take any responsibility for the completeness, accuracy, exactitude and/or veracity of the data or information about special offers, products or services provided through this Website or Software, if they are provided by its partners and not ScorePlay, nor is it responsible for the failure or poor execution of other suppliers of products and/or services that have been offered to the client on this Website or Software, in the scope of the resulting obligations from the applicable law and the services acquisition conditions that are executed through this Website or Software.
ScorePlay may make available links to external pages, managed and owned by other third-party entities. ScorePlay is not, in any case, responsible for the content or the operation of external Websites that are accessible through those links. ScorePlay is not responsible for the contents, services and/or products unless they are the property of ScorePlay. The use of those links is the sole responsibility of the User.ScorePlay is also not responsible for any acts or omissions of those third parties relating to those contents, products or services, and does not guarantee that those products or services fulfil the results desired by the User.
The User of this Website agrees that ScorePlay does not take any responsibility for any of the aforementioned errors.
11. Storage
Considering the Software is provided in a SaaS modality, the database will be stored in the User's servers or in the servers of third-parties contracted by ScorePlay for that purpose.
All the data stored by the User in ScorePlay's servers or in the servers of third-parties, will be the exclusive property of the User, and the User is responsible for the compliance with any legal obligations, namely in what concerns data protection and data privacy legislation, assuming sole responsibility for any damages resulting from the improper use of the Software and by all the transmitted data.
Both parties hereby ensure that they are in full compliance with their respective obligations under the General Data Protection Regulation, (GDPR) (EU) 2016/679. Each Party will, if applicable, notify the other Party in a timely manner in the event of a data breach that involves the other Party’s data.
12. Service liability
ScorePlay will not be held liable for any direct or indirect damages caused by the use or impossibility of use of the Software.
ScorePlay will not be held liable for the loss or damages incurred by the User regarding consulting services provided by third-parties to adapt or modify the components of the Software, that result in defective or improper modifications of the Software unless such third-party is a contractor of ScorePlay, or was recommended by ScorePlay to User and ScorePlay is negligent in connection with such recommendation. ScorePlay will be responsible to User for the performance of any third-party contractors used to furnish services to the User.
13. Modifications to these Terms & conditions
ScorePlay reserves the right to modify, update or eliminate these terms at any moment, without the need of prior notice and with immediate effect. Any modification must be communicated to the User as briefly as possible. It is considered a communication to the User the introduction of the new version of these terms in the Website with relevant notification. The use of the Website after the modification of the Terms & Conditions means that the client has accepted those modifications.
14. Content ownership
The content stored belongs exclusively to the User, and hence ScorePlay (or any other person/entity that is not the User) does not have the right to use it unless the User explicitly gives its approval.
In case of annulment or termination of the use of the Software by the User, with a deadline of 15 (fifteen) days after the termination of the Agreement, ScorePlay will provide the User with a security copy of its database. This export will contain all uploaded media files as well as all tags (event, players, sponsors) saved in the file metadata. All tags will be written in the media metadata (EXIF "UserComment" entry) so that the export contains all tags that have been added either manually or automatically. Thirty (30) days after the provision of the files, ScorePlay will delete any data and information regarding the User, and the client may not demand any additional copy, access, or information from ScorePlay.
15. Personal data
The User hereby consents to the collecting and processing of their data, when applicable, authorising ScorePlay to insert and process that data in an appropriate database.
The Controller of that data is ScorePlay, and the User undertakes to provide and keep their personal data updated and assuring that they are accurate.
The provided personal data is aimed at the purpose of client management and available services through the Software, as well as ScorePlay’s marketing actions.
ScorePlay is in full compliance with its obligations under the General Data Protection Regulation, (GDPR) (EU) 2016/679. ScorePlay will, if applicable, notify the client in a timely manner in the event of a data breach that involves the other Party’s data.
The privacy policy and of collecting and processing personal data, as well as the rights of the data subject, can be consulted in the Privacy Policy tab above.
16. Applicable law and jurisdiction
All disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules. The arbitration shall be held remotely, and no in-person appearances shall be required unless consented to by both Parties.
17. Limitation of liability
Exclusion of Certain Damages. Neither party will be liable under this Agreement for lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if the party knew or should have known that such damages were possible.
Limitation on Amount of Liability. Neither party will be liable under this Agreement for more than the total amount paid or payable by client to ScorePlay hereunder during the 12 (twelve) months immediately prior to the event giving rise to liability, except that the limitation in this section shall not apply to: (I) gross negligence or wilful misconduct; or (II) a party’s indemnification obligations under this Agreement.
18. Confidentiality
Confidential Information. “Confidential Information” means information provided by one party to the other party which is designated in writing as confidential or proprietary, as well as information which a reasonable person familiar with the disclosing party’s business and the industry in which it operates would know is of a confidential or proprietary nature. A party will not disclose the other party’s Confidential Information to any third party without the prior written consent of the other party, nor make use of any of the other party’s Confidential Information except in its performance under this Agreement. Each party accepts responsibility for the actions of its agents or employees and shall protect the other party’s Confidential Information in the same manner as it protects its own Confidential Information, but in no event with less than reasonable care. The parties expressly agree that the terms and pricing of this Agreement are Confidential Information. A receiving party shall promptly notify the disclosing party upon becoming aware of a breach or threatened breach hereunder and shall cooperate with any reasonable request of the disclosing party in enforcing its rights.
Exclusions. Information will not be deemed Confidential Information if such information: (i) is known prior to receipt from the disclosing party, without any obligation of confidentiality; (ii) becomes known to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. The receiving party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that, unless prohibited from doing so by law enforcement or court order, the receiving party gives the disclosing party reasonable prior written notice, and such disclosure is otherwise limited to the required disclosure.
19. Indemnification
ScorePlay shall indemnify, defend, and hold harmless User, its affiliates and each of their respective officers, members, managers, employees, contractors, and agents, and each of their successors and permitted assigns against any claims or causes of action, losses, damages, liabilities, deficiencies, judgments, settlements, interests, awards, penalties, fines, costs or expenses of any kind (including any damages, expenses, and reasonable attorneys’ fees) brought by a third party (hereinafter “Claims”) against the Client arising out of or relating to (i) a breach by ScorePlay of any of its covenants, representations or warranties in this Agreement; (ii) the gross negligence or wilful misconduct of ScorePlay; (iii) gross negligence of any of ScorePlays’s third party contractors or service providers; and (iv) violation of laws, rules, and regulations applicable to its performance under this Agreement.
User shall indemnify, defend, and hold harmless ScorePlay against any Claims brought by a third party against ScorePlay arising out of or relating to (i) a breach by Client of its covenants, representations or warranties in this Agreement; (ii) Client’s gross negligence in accessing or using the services otherwise than in accordance with this Agreement; and (iii) violation of laws, rules, and regulations applicable to its performance under this Agreement.
20. Third Party providers - YouTube
The following applies to clients using the YouTube Integration. This integration uses YouTube API Services. By using this application, you agree to YouTube's policies and terms of service. Publishing content from ScorePlay to YouTube via the "Integration" action signifies your agreement with Google’s Privacy Policy and acknowledgment that your content complies with YouTube's Terms of Use. API access can be revoked via the Integration page.
Google user data policy compliance: Our application does not store any data.
1. How it works - Once your YouTube account is connected to your platform, you will be able from the Media Library to select a Video, click "Integrations", select "YouTube", add a title, description, status and Publish that video to your YouTube account. Through out this process, no data is collected and no AI is used.
2. Data Collection - Our application does not collect any Google user data at any point in that process.
3. Data Usage - Since no Google user data is collected, none is used for any purpose.
4. Data Storage - Since no data is collected, no data is stored.
5. Data Sharing & Third Party Tools - We assure that no data is shared with any third parties, subsidiaries, or other entities because no data is collected. Our application does not share any data with third-party tools or services, as it does not collect any data. We do not integrate with or utilize any third-party tools that would require access to user data.
6. User Consent - Explain that user consent is not applicable as no data is collected. When setting up the integration, users must confirm they have read and agree with this policy. Users retain full control over their data, which means there is no data from them to manage or protect. API access can be revoked at anytime via the Integrations page.
7. User Rights - No data rights to manage, as no data is collected.
8. Revoking access - At anytime, users can revoke access from the Integrations page on their platform by clicking the Revoke button. Once clicked, it will revoke the API access and delete all permissions. At anytime you can also revoke the API access to your data via the Google Security settings page at https://security.google.com/settings/security/permissions.
9. Policy Updates - In case of any change to this Policy, users will be notified through the platform via a banner visible on the Homepage.
Compliance with Google Limited Use Policy: Our use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. For more information, please review the Google API Services User Data Policy.
Contact us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at contact@scoreplay.io.