The Agreement between you the Fan and MDM
What you the Fan grant to MDM:
MDM allows you the Fan to post Fan Content to the MDM App, but you retain all the rights and are solely responsible for the Fan Content you post to the MDM App or disseminate via MDM Services. Fan Content belongs to you the Fan, but you hereby grant MDM and its users a worldwide, non-exclusive, royalty-free, transferable license (which can be sub-licensed) to use and distribute your Fan Content via any media used by MDM. MDM, and Third Party suppliers such as Apple or Google, are not responsible for the content posted by you the Fan. MDM retains the right to remove or modify Fan Content.
Following termination or suspension of your account, or if you remove any Fan Content from the MDM App or MDM Services, previous Fan Content posted by you may still be accessible by others. So make sure that you stick by the guidelines in the Rule Book and carefully consider the content you are posting which will be shared by the MDM (and wider) Community.
What MDM grants to you the Fan:
MDM grants you the Fan, a worldwide, limited, non-exclusive, non-transferable, and revocable license (End User License Agreement – EULA) to download and use MDM Products solely for your personal and non-commercial use. When using the MDM App (the Licensed Application) or Services on behalf of an organisation or entity, you represent and confirm that you are authorised to act on the entity/organisation’s behalf, therefore confirming that the entity/organisation will be bound by these Terms & Conditions of Use as the Fan. The MDM App and MDM Services, including but not limited to graphics, images, video, artwork, software, coding, are the exclusive property of MDM, or MDM Third Party suppliers. MDM and you the Fan acknowledge that the EULA and Terms & Conditions of Use are concluded between you the Fan and MDM only, and not with Third Party suppliers such as Apple or Google. MDM is solely responsible for the MDM App and MDM Services.
Availability, maintenance and support
Here at MDM our ultimate goal is to provide you the Fan with the best possible user experience, and to ensure that the MDM App and MDM Services are available for you around the clock. To ensure the best possible user experience and enjoyment we suggest you always update and use the latest version of the MDM app.
At times MDM may experience some outages, problems, glitches, mistakes which could temporarily affect your usage and user experience. To maintain and provide the best possible experience we may, at our discretion, update or suspend the MDM App and/or MDM Services with or without notice, and you the Fan agree that MDM, and any Third Party suppliers such as Apple or Google, shall have no liability or responsibility to you in any manner whatsoever if MDM chooses to do so.
However, in the event of any failure of the iOS versions of the MDM App to conform to this warranty, the end end-user may notify Apple directly, and Apple will refund the purchase price for the MDM App to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the MDM App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MDM’s sole responsibility.
The end-user and MDM acknowledge that MDM, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the MDM App or end-user’s possession and/or use of that MDM App, including, but not limited to: (i) product liability claims, (ii) any claim that the MDM App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These terms do not limit the liability of MDM or the end user beyond what is permitted by applicable law. This clause is applicable only to MDM App developed using the iOS form factor and distributed via Apple.
MDM and you the Fan acknowledge and agree that Apple or Google, and Apple’s or Google’s subsidiaries, are third party beneficiaries of this Agreement, and as a result of the acceptance of this Agreement and its Terms & Conditions of Use, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you the Fan, as a third party beneficiary thereof.
By downloading the MDM App from a Third Party supplier such as Apple’s App Store or Google Play, you the Fan must comply with the applicable Third Party terms of agreement. Furthermore, to satisfy Third Partys’ legal compliance, you the Fan must represent and warrant that you are i) not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and ii) not listed on any US Government list of prohibited or restricted parties.
THE MDM APP AND MDM SERVICES ARE PROVIDED TO YOU THE FAN BY MDM, ON AN “AS IS” BASIS (YOU TAKE IT AS YOU FIND IT, “AS AVAILABLE” AND “WITH FAULTS”) WITH WARRANTY AS SET OUT IN THIS DOCUMENT. FROM TIME TO TIME TECHNICAL DIFFICULTIES MAY OCCUR INCLUDING, BUT NOT LIMITED TO, SERVICE INTERRUPTION AND/OR LOSS OF DATA WITHOUT PRIOR NOTICE. MDM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY FAN CONTENT THAT YOU OR ANY OTHER FAN OR THIRD PARTY POSTS OR DISSEMINATES USING THE MDM APP OR MDM SERVICES. YOU UNDERSTAND AND ACCEPT THAT YOU MAY ENCOUNTER FAN CONTENT THAT YOU FIND UNSUITABLE, INACCURATE, OBJECTIONABLE OR INAPPROPRIATE FOR YOUR PURPOSE. YOU THE FAN, HEREBY AGREE NOT TO HOLD MDM (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTY SUPPLIERS SUCH AS APPLE OR GOOGLE) RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES OR LOSS WITHOUT EXCEPTION ARISING FROM THE USE OF THE MDM APP OR MDM SERVICES OR MDM MATERIALS TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW.
FOR ANY ISSUES OR PRODUCT CLAIMS WHICH YOU CLAIM TO HAVE WITH MDM, YOU THE FAN, AGREE TO CONTACT MDM IN THE FIRST INSTANCE AT CONTACT@MATCHDAYME.COM, TO ATTEMPT TO RESOLVE THE DISPUTE WITH MDM AMICABLY AND INFORMALLY.
IN THE EVENT THAT MDM IS LIABLE TO YOU THE FAN DIRECTLY OR INDIRECTLY IN RELATION TO YOUR USE OF THE MDM APP OR MDM SERVICES, THAT LIABILITY, HOWSOEVER ARISING, SHALL BE LIMITED TO: A) FIFTY POUNDS STERLING (£50.00), OR B) ANY IN-APP SPENDING, WHICHEVER IS GREATER.
Your Agreement with MDM and any dispute or claim relating to, or arising out of, or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. This applies to all Fans regardless of geographic location.
If a clause in this Agreement is judged to be unlawful or void for any reason and is deemed unenforceable during arbitration or by a court of law, then only that clause is void and the rest of the Agreement remains in full effect.
MDM is constantly seeking ways to improve the whole MDM App and MDM Services experience, so from time to time we may update the Terms & Conditions of Use. Please ensure that you check for any new rules from time to time. If you don’t agree to our new Terms & Conditions of Use then you can, at any time, delete your MDM account by visiting the Settings page of the MyMD section within the MDM App and selecting the delete account option.
You must at all times comply with our Terms & Conditions of Use.
By using the MDM App/MDM Products you agree to full comply with our Terms &Conditions of Use at all times without exception.
This agreement comes binding and in full effect immediately after you agree by these Terms & Conditions of Use upon registration and will continue to be in effect until you delete your account or in accordance with these Terms & Conditions of Use
You can terminate your agreement by deleting you account from within the Settings section in the MyMD section of the MDM App.
MDM, MDM Website, MDM App, MDM Services and MDM Materials are wholly owned and published by Rottweiler Productions Limited
Registered Office Address: Cedar House, Napier Street, Sheffield, S11 8HA, England
Company Registration Number in England & Wales: 9239457
VAT Registration Number: 209249408
The effective date of these Terms & Conditions of Use set out above is 9th August 2015.
These Terms & Conditions of Use constitute the entire agreement between you the Fan and MDM, and they govern your use of MDM Products
MDM = MatchDayMe (an entity owned by Rottweiler Productions Ltd).
MDM App = The mobile application/software for MDM.
MDM Website = The official MatchDayMe website with the URL www.matchdayme.com.
MDM Services = All the services and functions provided by MDM and its affiliates and/or partners for the user including, but not limited to, the MDM Website and all its functions, the MDM App functions and interactions, such as social media links, chat, Like and other functions services or other related products which have been authorised by MDM without exception.
Fan = an MDM user/account holder.
MDM Products = MDM App & MDM Services.
Fan Content = User Content such as any photograph, picture, video, message or post or interaction of any kind uploaded by the user to any MDM Products.
MDM Materials = including but not restricted to MDM’s IP, MDM Products, the design and content of MDM Products, MDM’s APIs (application programming interfaces), the technology developed on behalf of MDM for the build/running/maintenance of MDM Products, supporting documents.
MDM Affiliates = are organisations with whom MDM does business; for example, Google Play and Apple Store, and other companies & entities.
MDM Service Providers = are organisations who work with MDM to help us to provide MDM Products; for example, our website development company, server hosts, and other such companies & entities.