TERMS OF USE
These Terms are between you (the “User”) and Team Taca Limited, a company incorporated in Ireland with company registration number 737354 and having its registered office at 4 Grove House, Salem Court, Maxwell Road, Rathmines, Dublin 6 (“Team Taca”).
These Terms of Use (these "Terms") govern User’s use of (which includes access to) Team Taca’s podcasting platform and services, including all of Team Taca’s websites and software applications made available to the User (together the "Team Taca Services") and any material that is made available to Users through the Team Taca Services (the "Team Taca Content").
Users are permitted to avail of the Team Taca Services and access the Team Taca Content strictly pursuant to these Terms and the terms of the Agreement entered into between the club the User is a designated member of (the “Client”) and Team Taca. Use of the Team Taca Services may be subject to additional terms and conditions presented by Team Taca, which are hereby incorporated by this reference into these Terms. Such additional terms include but are not limited to the Terms and Conditions governing the Client’s access to the Services and Platform.
Users acknowledge that they have read these Terms, understand them and agree to be bound by them. Using the Platform, the User’s electronic acceptance of these Terms and/or commencement of use of the Team Taca Services constitutes the Users acceptance of these Terms. If the person agreeing to these Terms is accepting on behalf of the User, such individual represents that they have the authority to bind the User to these Terms. If a User does not agree to these Terms, then the User must not sign up for or access the Team Taca Services.
GRANT OF RIGHTS TO THE USER
Subject to the Users compliance with these Terms (including any other applicable terms and conditions), Team Taca grant to the User a limited, non-exclusive and revocable permission to make personal use of the Team Taca Services and the Team Taca Content. Such rights shall remain in effect unless and until terminated by the User or Team Taca. The User agrees that it will not redistribute, or transfer or circulate the Team Taca Services or the Team Taca Content.
REGISTRATION PROCESS AND ACCOUNT INFORMATION
To commence use of the Team Taca Services a User must first complete the registration process through the Platform or such other tool for access provided by Team Taca. Team Taca may reject a User’s application in its absolute discretion.
Users are required to sign up for a user account by providing all information required by Team Taca in order to access or use the Team Taca Services. Users are required to provide true, accurate, current and complete information as prompted by the sign up process and maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
If a User provides any information that is untrue, inaccurate, outdated, or incomplete, or if Team Taca has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Team Taca may terminate a user account and refuse the User current or future use of any or all of the Team Taca Services and access to the Team Taca Content.
Users are responsible for maintaining the confidentiality of its passwords and account information relating to the Team Taca Services. The Platform is not an archive and Team Taca shall have no liability to a User or any other person for loss, damage or destruction of any information or content. If a password is lost, stolen or otherwise compromised, the User shall promptly notify Team Taca, whereupon Team Taca shall suspend access to the account by use of such password and issue a replacement password to the Client or the User. Team Taca will not be liable for any loss the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge. The User may be held liable for losses incurred by Team Taca or any other party due to someone else using the User’s account or password. If Team Taca terminates the User’s use of the Platform, Team Taca may, at its own option, remove and destroy data and files stored by Team Taca on the User’s behalf. Team Taca has no obligation to monitor the User’s use of the Team Taca Services but reserves the right in its sole discretion to do so.
Any User IDs, names or passwords associated with the User’s account shall be maintained by the User as confidential and should not be shared by the User with anyone not authorised to have access to such personal information. Team Taca strictly forbids the use of one account for multiple users, with such use comprising a material breach by the User of these Terms.
The User is responsible for ensuring that all activities that occur in connection with the User’s account comply with these Terms. The User understands that Team Taca is not responsible for account administration and internal management of the Team Taca Services for the User.
USER OBLIGATIONS AND USE OF THE PLATFORM AND TEAM TACA SERVICES
The User warrants and agrees that:
it will co-operate with Team Taca in all matters relating to the Team Taca Services;
it will acquire and transfer to Team Taca all personal data of the User and of any third party that is necessary in order for Team Taca to provide the Team Taca Services. The User will transfer such personal data in compliance with US, EU and national rules applicable from time to time and shall indemnify, hold harmless and, upon Team Taca’s request, defend Team Taca from and against all fines, claims, liabilities, actions, demands, settlements, damages, costs, fees and losses of any type, including reasonable professional fees and costs that Team Taca may incur in consequence of the User’s noncompliance with said US, EU and national rules. For the use and processing of said personal data, the User will appoint Team Taca as data processor, Team Taca will use and process such personal data transferred by the User in compliance with the rules set forth in applicable data protection law;
it shall only access the Platform and use the Team Taca Services in accordance with these Terms; and
it shall use all reasonable efforts to prevent any unauthorised access to the Team Taca Services, the Platform or the Team Taca Content, or use of, the Team Taca Services and, in the event of any such unauthorised access or use, promptly notify Team Taca.
The User warrants and agrees that it will not upload any material to the Platform in any manner (as determined by Team Taca in its sole and absolute discretion) that:
is illegal, or promotes or encourages illegal activity;
promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
infringes on the intellectual property rights of any person or entity;
interferes with the operation of the Team Taca Services or the Platform provided; or
contains or installs any viruses, worms, bugs or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of the Team Taca Services or Platform.
The User warrants and agrees that any information they contribute to, post or display on the Platform shall:
be true, accurate, complete and lawful;
not be false, misleading or deceptive;
not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful; and
not contain information that is discriminatory or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
The User warrants and agree that it shall:
carry on their activities on the Platform in compliance with any applicable laws and regulations;
carry on their activities in accordance with these Terms and any applicable additional agreement; and
not use the Platform or Team Taca Services to defraud any person or entity;
not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity;
not engage in spamming or phishing
not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
not involve any scheme to undermine the integrity of the data, systems or networks used by Team Taca or the Platform or gain unauthorised access to such data, systems or networks;
not engage in any activities that would otherwise create any liability for Team Taca or its affiliates; and
not interfere with or disrupt the integrity or performance of the Team Taca Services or Platform or third-party data contained therein.
The User warrants and agrees that it shall not (and agree not to allow any third party to):
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Team Taca Services or Platform;
attempt to de-compile, reverse compile, disassemble, reverse engineer, or otherwise reduce to human or perceivable form all or any part of the Team Taca Services or Platform;
use the Team Taca Services or Platform or Team Taca Content to provide services to third parties;
copy, reproduce, redistribute, record, transfer, link to, display to the public, broadcast, or make available to a third party, or any other use which is not expressly permitted under these Terms, any part of the Team Taca Services or Team Taca Content;
attempt to obtain, or assist third parties in obtaining, access to the Team Taca Services, the Platform or the Team Taca Content;
sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the Team Taca Services, the Platform or the Team Taca Content or any other intellectual property rights of Team Taca, any portion thereof or any documentation to any third-party;
remove any copyright, trade mark or other proprietary rights notices contained in or on the Team Taca Services, the Platform or the Team Taca Content or in or on any content or other material obtained via the team Taca Services;
use any hardware, software, or other device, process or means to access, retrieve or index any portion of the Team Taca Services, the Platform or the Team Taca Content;
access, retrieve or index any portion of the Team Taca Services, the Platform or the Team Taca Content for purposes of constructing or populating any database;
reformat or frame any part of the Team Taca Services, the Platform or the Team Taca Content.
create user accounts by automated means or under false or fraudulent pretences or create multiple log-ins;
transmit any viruses, worms, defects or other items of a destructive nature;
use the Team Taca Services or Platform to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
copy or store any content offered through the Team Taca Services, the Platform or the Team Taca Content unless expressly permitted by Team Taca;
use any device, software or routine that interferes with the proper working of the Team Taca Services or Platform or otherwise attempt to interfere with the proper working of the Team Taca Services or Platform;
take any action that imposes, or may impose in the sole discretion of Team Taca, an unreasonable or disproportionately large load on the Team Taca Services or Platform;
use the Team Taca Services or Platform, intentionally or unintentionally, to violate any applicable law or regulations;
impersonate any person or entity;
attempt to gain unauthorised access to the Team Taca Services, the Platform or the Team Taca Content, its facilities and/or services or any accounts, computer systems or networks connected to the Platform, its facilities and/or services through hacking or any other means;
post or use any material that is obscene, defamatory, seditious, indecent, offensive, incite racial hatred or incite a crime, be scandalous or inappropriate;
harvest or otherwise collect by any means any programme material or information from the Team Taca Services or Platform, or to monitor, mirror or copy any content of the Team Taca Services, the Platform or the Team Taca Content;
identify or speculate as to the identity of any anonymous or pseudonymous user; or
solicit passwords or personally identifying information for commercial or unlawful purposes.
The User acknowledge that user subscriptions and use of the Team Taca Services are for designated users and cannot be shared or used by more than one User.
The User shall be solely responsible for the accuracy, completeness, design, appropriateness, creation, maintenance, and updating thereof of all data furnished by them in the use of the Team Taca Services. Team Taca shall not be liable for any errors or inaccuracies in any data provided by the User.
Any material downloaded or otherwise obtained through the Team Taca Services is done at the User’s own discretion and risk, and the User will be solely responsible for any damage to the User’s computer system or loss of data that results from the download of any such material.
The User may not use any information provided by Team Taca to create any software whose expression is substantially similar to the technology and/or Platform and/or Team Taca Services and/or business carried out or provided by Team Taca nor use such information in any manner which would be restricted by any copyright subsisting in it.
The User acknowledges that Team Taca are not obliged to edit and/or modify the User’s data and are not responsible for the accuracy, completeness, appropriateness, safety or legality of the User’s data or any other information or content the User may be able to access using the Team Taca Services and Platform, including without limitation the data of other users of the Team Taca Services. The User further acknowledges that any communication with other users while using the Team Taca Services or Platform is the User’s sole and exclusive responsibility and Team Taca will not be responsible or liable in any way for any copyright infringement or violation, or the violation of any other person’s rights or the violation of any laws arising or relating to the User’s data.
Team Taca reserves the absolute right at its sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by a User at any time and without notice to the User. Team Taca reserves the right to monitor and to review all content submitted to, accessed on or published on the Platform at any time. For the avoidance of doubt the User shall be responsible for and liable to Team Taca in respect of its compliance with these Terms, the access of the User to the Team Taca Services and Platform, the User’s use of the Platform and Team Taca Services and any action the User takes in breach of these Terms.
The Privacy Policy of Team Taca sets out how Team Taca collect, use, process and disclose personal information provided to Team Taca by a User, and/or those with whom Team Taca deals with on the User’s behalf in the course of business including but not limited to personal data provided to Team Taca by upload to the Platform.
Team Taca reserves the right (but undertakes no duty) to decide whether any item of content is appropriate and/or complies with these Terms. Team Taca (in its sole and absolute discretion) may remove any item posted to the Platform and/or terminate access to the Team Taca Services and Platform for posting or publishing any material in violation of these Terms (as determined by Team Taca in its sole and absolute discretion), at any time and without prior notice.
Team Taca makes no representations, warranties or guarantees as to the actions or inactions of any user of the Team Taca Services or Platform.
FAILURE TO COMPLY AND TERMINATION/SUSPENSION OF USE
Failure by a User to comply with these Terms may result in Team Taca taking all or any of the following actions:
immediate, temporary or permanent withdrawal of the User’s right to use the Team Taca Services and Platform;
take legal proceedings against the User for reimbursement of all costs on a full indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
other legal action against the User; or
disclosure of such information to law enforcement or regulatory authorities as Team Taca reasonably feel is necessary.
Team Taca expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to the Team Taca Services or Platform for any reason (as determined by Team Taca in its sole and absolute discretion), including but not limited to the following: (i) to protect the integrity and stability of the Team Taca Services or Platform, (ii) to assist with fraud and abuse detection and prevention efforts, (iii) to comply with court orders, (iv) to comply with any laws, rules and regulations, (v) to comply with requests of law enforcement (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Team Taca, its officers, directors, employees and agents, as well as any affiliates of Team Taca, including, but not limited to, instances where the User has issued legal proceedings or threatened to issued legal proceedings involving Team Taca, or (ix) to respond to an excessive amount of complaints related in any way to the User’s use of the Team Taca Services or Platform.
Team Taca exclude liability for actions taken in response to breaches of these Terms and restrictions of use. The responses described in these Terms are not limited, and Team Taca may take any other action Team Taca reasonably deem appropriate.
These Terms will continue to apply to the User until terminated by either the User or Team Taca. Team Taca may terminate these Terms and/or terminate or suspend a User’s access to the Team Taca Services and Platform at any time if Team Taca is of the view, in its sole discretion, that the User has breached any of these Terms or if required to comply with any applicable law or regulation.
WARRANTIES AND LIABILITY
The User’s use of the Team Taca Services is at its sole risk. The Team Taca Services are provided on an “as is” and “as available” basis. Team Taca and its licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Team Taca shall attempt to provide the Platform for twenty-four (24) hours a day, seven (7) days a week. The User agrees that from time to time, the Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Team Taca may undertake from time to time; or (iii) causes beyond the control of Team Taca or which are not reasonably foreseeable by Team Taca, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. The User accepts that Team Taca has no control over the availability of the Platform on a continuous or uninterrupted basis.
Team Taca and its licensors make no warranty that (i) the Team Taca Services will meet the User’s requirements, (ii) the Team Taca Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Team Taca Services will be accurate or reliable, (iv) the quality of any information or other material obtained by the User through the Team Taca Services will meet the User’s expectations, or (v) that any errors in any software associated with the Team Taca Services will be corrected.
Team Taca makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Platform and/or Team Taca Services or any hyperlinked website, and Team Taca is not responsible for any transactions between a User and any such third-party providers.
The User agrees that Team Taca has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Platform and/or Team Taca Services.
The User agree to indemnify and hold Team Taca harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by team Taca arising out of or related to the User’s breach of any of these Terms, any activity in which the User engages on or through the Platform and/or Team Taca Services and the User’s violation of any law or regulations or the rights of a third party.
Under no circumstances and under no legal basis (including, without limitation, tort, (including negligence) contract, breach of statutory duty, strict liability, or otherwise) shall Team Taca (or its licensors or suppliers) be liable to the User or to any other person for (a) any damages (even if foreseeable) resulting from the User’s selection, or use of, or inability to use, or the suitability of the Team Taca Services and Platform, and any use by the User, or reliance by the User on, of the information, content, items and experiences provided via the Team Taca Services and Platform, including any indirect, special, incidental, exemplary, punitive, or consequential damages of any kind, including damages for loss of profits, sales, business, or revenue, loss of goodwill business opportunity, goodwill or reputation or anticipated savings, work stoppage, accuracy of results, or computer failure or malfunction.
Should Team Taca cease or suspend providing all or any part of the Team Taca Services to a User, the User agrees that Team Taca shall have no liability or responsibility to the User.
The User agrees that its sole and exclusive remedy for any problems or dissatisfaction with the Team Taca Services and/or Platform is to uninstall any Team Taca software and to stop using the Team Taca Services and Platform.
GENERAL
Team Taca may, in its sole discretion amend these Terms (in whole or in part) at any time. Amendments will be effective immediately upon posting on the Platform or Team Taca website. The User’s continued use of the Team Taca Services and Platform represents its agreement to be bound by these Terms as amended from time to time. The User is responsible for ensuring that it is familiar with the latest Terms at all times.
The User warrants that it has full power and authority to agree to these Terms and receive the Team Taca Services.
No variation of these Terms shall be effective unless it is in writing and signed by Team Taca (or their authorised representatives). A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
Team Taca may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. The User may not assign, transfer or otherwise dispose of or purport to do any of the foregoing in respect of all or any of its rights or obligations under these Terms to any person or permit the assumption of its obligations under these Terms.
Other than as stated in these Terms or as explicitly agreed upon in writing between Team Taca and the User, these Terms constitute all the terms and conditions agreed upon between the User and Team Taca and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Team Taca Services are incorporated herein by reference.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Ireland. Disputes arising in connection with these Terms of use shall be subject to the exclusive jurisdiction of the Irish courts.