Definitions

iSportsAnalysis Ltd. ("iSA", "we", "us" and terms of similar meaning) provides this web site and the services provided by or through this web site subject to these terms and conditions of use (these "Terms").

In these terms we call this web site, any successor web sites (together, the "Site") and the software we provide the "Application". The Application includes (i) your use of the iSA content library, and the use of the iSA stored content for display, distribution and delivery via the Internet, and (ii) your appointment of iSA as a licensed access seller to your content. We refer to the services provided by the Application as the "Services".

Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.

The Services are not intended to be used by children. You must be at least of the age of majority to use the Services.

In these Terms, we use the following terms to describe different types of visitors to our Site. Our paying account holders are called "Customers" and our their content viewers are called "Subscribers". We use the word "staff" to describe persons to whom Customers give "staff" access on the Site. Together with registered users of our forum or other interactive areas of the Site, these people are collectively described in this Privacy Policy as "Users" of our Site.

iSA reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at support[at]iSA.com.

The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.

1. Privacy Policy

Please refer to iSA's privacy policy, available at (the "Privacy Policy") for information on how iSA collects, uses and discloses personally identifiable information from its users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

2. Registration Data; Account Security

If you register for an account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services ("Registration Data"); (b) maintain the security of your password and other security features; (c) maintain and promptly update the Registration Data, and any other information you provide to iSA, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to iSA. You are responsible for all activity on your iSA account, and for all charges incurred by your iSA account.

3. Fees; Charges; Taxes

Fees and any other charges for the use of the Service are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

4. Ownership, Copyright and Trademarks

In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content".

User Content is that User’s property. iSA’s only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Chapters 5, 7 and 17 of these Terms.

Other than the User Content, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of iSA or its licensors, and is protected by UK and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by iSA.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to view your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.

5. Your Limited License of Your User Content to iSA

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. When you store content on iSA, we are granted your license to display that User Content on the Services, as well as the right to display, stream or deliver that User Content to our other Users so that they can view that User Content. Customers who use the Service to monetize content grant iSA the right to act as a reseller of the User Content on your behalf for that purpose.

Therefore, by posting or distributing User Content to or through the Services, you (a) grant iSA and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Because your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in Section 5 of these Terms.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Services may do es this to your User Content when it processes it for use in the Services.

6. Our Limited License of Content to You (Content Rules)

iSA grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to use the Service to store, manage, and control access to and viewing of Content by Users. Such license is subject to these Terms, and specifically conditioned upon your User Content adhering with the Content Rules as listed here. It is at the sole discretion of iSA at any time to review and remove User Content not deemed in compliance with the Content Rules. It is at the sole discretion of iSA to immediately terminate any account found to be in violation of the Content Rules

User Content must be suitable for viewing by all Users
User Content must not display aggressive violence, bestiality, sexual acts or any other indecency
User Content must not promote or entice or instruct in any type of illegal activity
User Content must at all times adhere to all applicable laws regarding profanity, defamation or breach of company or personal privacy

The ongoing monitoring and control of User Content and any decisions made by iSA with regard to User Content Compliance are at the sole discretion of iSA and non-disputable. You may not use the Services other than for their intended purpose.

Except as expressly permitted above, any abuse of any portion of the Service and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by iSA at any time.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

To request permission for uses of Content not included in this license, you may contact iSA at the address set out at the bottom of these Terms.

7. Royalties

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary if you appoint iSA a license to charge pay-per-view access to your User Content and provide the Services, now and in the future. When you store content for pay-per-view on iSA, we are granted your license to charge a fee for displaying that User Content on the Services, as well as the right to display, stream or deliver that User Content to our other Users so that they can view that User Content. Customers who use the Service to monetize content grant iSA the right to act as a royalty-paying reseller of the User Content on your behalf for that purpose.

The Service enables the Customer to specify the required charge for each pay-per-view distribution. After distribution In the account administration, a Customer can view the revenue amounts collected for pay-per-view User Content. A royalty payment from iSA will be due amounting to 80% of revenue collected less applicable fees and taxes. The royalty will be offered to Customers no more than 30 banking days after the revenue was collected. The Customer must specify in the account dashboard a preferred method of receipt of the royalty and will pay all applicable fees for the transfer. Once approved by iSA the royalty amount will be available as download to e-wallet or to a specified bank account.

By entering into this agreement, you (a) grant iSA and its affiliates and subsidiaries a non-exclusive, royalty-free (other than what is specified here), transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Because your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in Section 5 of these Terms.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services unless you have appointed iSA to charge for pay-per-view. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Services may do this to your User Content when it processes it for use in the Services.

8. Use of the Services

The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services ("Interactive Areas"). If iSA provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Streaming content from any public broadcast, anywhere in the world, on any media
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that, in the sole judgment of iSA, is objectionable, or which may expose iSA or its affiliates or its users to any harm or liability of any type.

iSA has a "zero-tolerance" policy towards Spam: you may not use the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to Spam and indecent content, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of any portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your account or access.

9. Providing a Reliable and Secure Service

We take reliability and security seriously and we put effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be "best-of-class" hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site.

For example, to safeguard credit card information, iSA encrypts all stored credit card numbers, uses restrictive firewalls to protect stored data and uses 256 bit SSL certificates to encrypt data transferred between you and the Services.

However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use iSA, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Customers who enable auto-billing and choose to store the credit card information of their Subscribers accept these risks to the security of that credit card information. When storing credit card information using the iSA recurring profiles module Customers acknowledge that they are aware of, and accept as satisfactory, iSA's credit card protection procedures. Ultimately, credit card data is provided by Customers and their Subscribers, and they are responsible for its protection.

10. No Responsibility for Third-Party Material

The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information, including Add-ons, payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.

iSA makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides them or links to them only as a convenience. Inclusion in the Services of a link to a Third-Party Site or Third-Party Content does not imply iSA's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. iSA accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

11. Advertisements and Promotions

iSA may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than iSA, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. iSA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

12. Warranty Disclaimer

The Site and the Services are provided to Users on an "as is" basis without warranties from iSA of any kind, either express or implied. iSA expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. iSA does not represent or warrant that Site, the Content, or the Services are accurate, complete, reliable, current or error-free.

While iSA efforts to make access to and use of the Services safe, iSA does not represent or warrant that the Site, the Content, or the Services are free of viruses or other harmful components.

13. Limitation of Liability; Indemnity

Users waive and shall not assert any claims or allegations of any nature whatsoever against iSA, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to use of the Site, the Content, or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, or the Services. You use the Site, the Content, the Add-ons and the Services at your own risk.

Without limitation of the foregoing, neither iSA nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content, or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Content, the Add-ons or the Services or other information obtained from iSA or any other Released Party or accessible via the Site, the Content, or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of a god, communications failure, theft, destruction or unauthorized access to iSA or any other Released Party's records, programs or services.

In no event shall the aggregate liability of iSA, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content, or the Services exceed any compensation paid by you for access to or use of the Site, the Content, or the Services, as the case may be, during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless iSA and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, and the Services, and if you are a Customer, from your Subscribers’ use of the Services and from the use of the Site, the Content, and the Services by any person to whom you give user the Service to distribute or make available User Content, including any claims made by any person that any of your Content infringes the rights, including the intellectual property rights, of any third party.

14. Communications

Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice to Customers and Subscribers in the dashboard area of your account on the Site, or post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.

Subject to the Privacy Policy, if you send to iSA or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how ("User Submissions"), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that iSA can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.

15. Applicable Law and Venue

The Services are controlled by iSA and operated by it from its offices in London, U.K.. You and iSA both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and iSA explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, or the Services will be governed by the laws of the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving iSA and arising out of or relating to (a) these Terms; (b) the Site, the Content, or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site, the Content, the Add-ons or the Services; or (d) the relationships that result from these Terms or the Site, the Content, or the Services (collectively, a "Claim"), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against iSA related to any Claim and, where applicable, you also agree to opt out of any class proceedings against iSA. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the United Kingdom.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in London, U.K. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

Regardless of from where you choose to access the Services, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify iSA and the other Released Parties for your failure to comply with any such laws.

16. Termination/Modification of License and Site Offerings

Notwithstanding any provision of these Terms, iSA reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof, and the rights of any third party to which you have granted access to your User Content through the ServiceI; (b) block or prevent your future access to and use of all or any portion of the Services or Content and the rights of any third party to which you have granted access to your User Content through the Service; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.

17. Inactive Accounts; Termination of Agreement

If your account is inactive for at least two months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at support[at]iSA.com . If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.

You and iSA may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your iSA account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

If these Terms expire or terminate for any reason, Sections 4, 9, 10, 12, 13, 15, 17, and 18, and any representation or warranty you make in these Terms, shall survive indefinitely.

18. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. iSA may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of iSA, and any such attempted assignment will be void and unenforceable. These Terms and its related Terms of Use and Privacy Policy constitute the entire agreement between you and iSA regarding your use of the Site, the Content, and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and iSA regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

19. Questions and Comments

If you have any questions regarding these Terms or your use of the Services, please contact us.