Recast Website Terms And Conditions Of Use

Last Updated: April 2020

Welcome to Recast!

1. Introduction

  1. https://recast.app (the “Website”) is a website owned and operated by Recast Sports Ltd, a company registered in England and Wales under company number 11507205 with its registered office at 36 Spital Square, Fourth Floor, London, United Kingdom, E1 6DY (“Recast”, “we”, “us” or “our”).

  2. These terms of use apply to all use of the Website and form a legal agreement between you and Recast. Please read them carefully.

  3. By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of eighteen (18) or do not understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Website if you are under sixteen (16).

  4. Our Terms and Conditions apply to your use of our platform and can be found at https://recast.app/about/terms/ Our Privacy Policy sets out how we use personal data relating to you and can be found at https://recast.app/about/privacy/. We may make alterations to these terms of use from time to time.

2. Rights Of Use And Intellectual Property Rights

  1. Subject to these terms of use, you may use the Website solely for your personal non-commercial use to:

    • view pages from our Website in a web browser;
    • download pages from our Website for caching in a web browser;
    • print pages from our Website;
    • stream audio and video files from our Website; and
    • use our Website services by means of a web browser.

  2. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights and proprietary rights in and to the Website belong to and vest in us, or are licensed to us.

  3. You must not sell, rent or sub-license material from our Website or exploit material from our Website for a commercial purpose.

  4. We reserve the right to restrict access to areas of the Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.

  5. All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them.

3. Restrictions And Obligations

  1. You agree to comply with these terms of use and all rules applicable to the use of the Website.

  2. You will not:

    • hack, modify, reverse engineer or create derivative works of the Website or any part of it;
    • use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
    • use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
    • access or otherwise interact with our Website using any robot, spider or other automated means;
    • violate the directives set out in the robots.txt file for our Website;
    • gain unauthorised access to any part of the Website;
    • remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website;
    • create software which replicates or mimics the data or functionality in the Website;
    • use your access to the Website for the sending of direct marketing (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or otherwise use data collected from our Website to contact individuals, companies or other persons or entities;
    • make any part of the Website available to a third party who does not agree to these terms of use;
    • copy or exploit any part of the Website or the content it contains other than as expressly permitted by these terms of use;
    • the Website or any part of it unfairly or for any illegal or immoral purpose; or
    • attempt to do any of the acts listed above.

4. User Communications

  1. The Website may enable the display of your own or third party content (“User Communication”) without review or moderation. The Website is therefore merely a conduit of User Communication.

  2. The views expressed in any User Communication are the views of the individual authors and not those of Recast unless specified otherwise by Recast.

  3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Communication.

  4. By using the Website you acknowledge that Recast has no responsibility to review the content of any User Communication and that all User Communication is made available on the basis that Recast is not required to exercise any control or judgement over User Communication.

  5. If you submit data, messages, audio, video, textual or other content through the Website such as through a discussion forum, comments on a blog post, or otherwise then:

    • you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Communication which you submit, worldwide in connection with the Website; and
    • you agree to comply with any acceptable use policies we may publish on the Website from time to time.

  6. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Recast has no way of telling if statements made by other users are true. You should therefore exercise some degree of caution when using any website. By using the Website you accept that you use the Website at your own risk.

5. Liability

  1. Recast provides and maintains the Website on an “as is” and “as available” basis.

  2. External Sites have not been verified or reviewed by Recast and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.

  3. Recast gives no other warranty in connection with the Website, User Communication or any External Sites and to the maximum extent permitted by law, Recast excludes liability for:

    • any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which Recast has been made aware;
    • the accuracy, currency or validity of information and material contained within any User Communication or the Website;
    • any interruptions to or delays in updating the Website;
    • any incorrect or inaccurate information on the Website;
    • the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Communication or use of the Website;
    • the availability, quality, content or nature of External Sites;
    • any transaction taking place on External Sites;
    • any transaction with any third party retailer taking place on the Website;
    • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website or any part of it, or any User Communication; and
    • all representations, warranties, conditions and other terms and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.

  4. Recast does not warrant that the operation of the Website will be uninterrupted or error free.

  5. Recast will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.

  6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

  7. You agree not to use the Website in any way which is:

    • unlawful;
    • may give rise to civil or criminal liability for Recast; or
    • which might call Recast into disrepute.

6. Termination

Without limiting any other rights it may have, we may cancel or suspend access to the Website if you breach any of these terms of use.

7. General

  1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit Recast’s liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.

  2. These terms of use and the terms referred to herein constitute the entire agreement between you and Recast relating to your use of the Website, to the exclusion of any other terms.

  3. Failure to enforce any term does not constitute a waiver of that term.

  4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

  5. The Website is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Website complies with the laws of any other country.

  6. These terms of use are subject to English law and the parties submit to the exclusive jurisdiction of the English courts.

  7. These terms of use do not confer any rights on any person or party (other than the parties to these terms of use and (where applicable) their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

  8. You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these terms of use, without the prior written consent of Recast.

  9. All questions, comments or enquiries should be directed to us at info@recast.app.