Terms and Conditions

These terms of use were last updated on 22 February 2019

1. Terms of use

Welcome to the www.offthepitch.com website. These terms of use (the "agreement") govern your use of OffThePitch.com whether you are a registered user or just a visitor, and unless other terms and conditions expressly govern other websites from OffThePitch ApS that are made available from time to time, including without limitation, any web pages, services, content, newsletters, databases and information therein (collectively, the "services").

These terms apply regardless of which user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, automobile-based personal computers, handheld digital devices, and any other mobile device or technology whether now known or developed in the future).

BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, OFF THE PITCH IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.

2. Changes to the agreement
We may modify this agreement from time to time at our sole discretion and without notifying you. You should review this agreement periodically to ensure familiarity with its current terms and conditions. Your continued use of the services following any modification of this agreement shall constitute your acceptance of such modifications to this agreement.

3. Additional terms of use
Some services or content sets available through the services may have additional terms, conditions and restrictions associated with them and will be posted on such services or content sets. You agree that such additional terms, conditions and restrictions will apply to your use of such services or content sets and if there is a conflict with this agreement, such additional terms, conditions and restrictions will apply.

4. Subscription
Off The Pitch is a subscription-based medium where you need to become a registered member and create an account with us to gain access to our services. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on offthepitch.com, you agree that:

(1) your account and password are personal to you and may not be used by anyone else to access offthepitch.com;

(2) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of offthepitch.com;

If you have concerns or believe that someone is using your password without your authority, please contact us immediately.

Off The Pitch may offer a free-trial period of various length. After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial please go to your account.

You can only have one period of free trial no matter which subscription plan you choose.

There are three sorts of subscriptions:

Standard, Premium and Entreprise - for price and contents click here

Cancellations and refunds.

You do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Also meaning that if you pay for 12 months in advance, cancellations are not permitted until the end of this period (all payments must have been made) and we will not issue you with a refund neither full or partial unless exceptional circumstances apply.

Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund. 

If you cancel your subscription we will continue sending you information via email until you advise us you no longer wish us to do so. 

Subscription prices vary from time to time and any difference in price cannot be released as a cash payment. 

We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

Payment.

When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. 

Prices displayed on the subscriptions section of the website will prevail at all times in relation to orders placed online. Prices quoted on screen include VAT and taxes (where applicable). 

If you make ongoing direct debit payments we reserve the right to increase our prices at any time and will notify you in writing with 7 days notice of any such price increase.

5. Intellectual property, ownership; general limitations on use

Ownership. You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organisation, compilation, metadata, look and feel, advertising and all other protectable intellectual property (the "content") available through the services is our property, the property of our advertisers or our third-party licensors or suppliers (such licensors and suppliers are referred to as "information providers") and is protected by copyright and other intellectual property laws.

Limitations on Use

You may use offthepitch.com for personal non-commercial use only. You may only download and print extracts of the content for your own personal non-commercial use.

Unless you have our written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, archive, store, perform, display, broadcast, create new works from, or commercially exploit the content available through the services, and you may neither:
 
(1) download or print any content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form; nor
(2) systematically forward links to this website within a business or outside a business; nor
(3) copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.

The following exceptions apply:
To the extent that we feature email or other sharing functionality on an article in the services, you may use email or other featured sharing functionality to share such an article with other individuals.

For articles and other content that is not proprietary content, you should not assume that you have the rights granted in this section. Your rights will be limited by any special terms, conditions and restrictions applicable to such content that is set out below in this agreement or on or near the content set.

You agree to access the services manually by request and not programmatically by macro or other automated means. No modification of content. You agree not to rearrange or modify the content. You agree not to create abstracts from, scrape or display headlines from the content for use on another website or service or use the content for commercial purposes. You agree not to upload, post or submit any content from the services to weblogs, newsgroups, mail lists or electronic bulletin boards.

Member accounts; privacy. We require you to register to become a member (a "member") before obtaining access to certain services and certain functionality. When you register, you agree to provide us with true and accurate information about yourself. You understand that any information you provide as part of such registration or that we otherwise collect about you is subject to our privacy policy. When registering, you are using your email and need to select a password. It is your responsibility to choose your password wisely. We are not responsible for any user impersonating you on our services. We reserve the right to disclose any information about our members or users, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of our users and other members.
 
Termination: Off The Pitch may discontinue or change all or any of the services, or their availability to you, immediately, at its sole discretion, at any time without cause. Off The Pitch may terminate this agreement and your access to and use of the services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
 
DISCLAIMERS OF WARRANTIES: YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
LIMITATIONS ON LIABILITY: NEITHER OFFTHEPITCH, NOR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE "EXCLUDED PARTIES") WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERISED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. You understand and agree that your use of the services is at your sole risk.
 
INDEMNITY: You agree to indemnify and hold Off The Pitch and our respective subsidiaries, affiliates, officers, agents, employees, partners and the information providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of member content you upload, post, submit or otherwise make available through the services, your use of the services, and your violation of this agreement.
 
General: Except as set out above, this agreement contains the final and entire agreement between us regarding your use of the services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the services. This agreement is personal to you, which means that you may not assign your rights or obligations under this agreement to anyone. No third party is a beneficiary of this agreement. You agree that this agreement, as well as any and all claims arising from this agreement will be governed by and construed in accordance with the laws of Denmark. The sole jurisdiction and venue for any litigation arising out of this agreement will be the city court of Aarhus, Denmark.