Welcome to “Pixellot”, a smartphone-app based streaming service offering a unique, interactive and immersive viewing experience of sporting events captured with the Pixellot video system (the “Service” or “App”).
The App is owned and operated by Pixellot Ltd. (the “Company”, “we”, “us” and “our”).
You must be 13 years of age or older to access or use the App. If you are under the legal age of majority in your jurisdiction (normally, 18), you must obtain the approval of your parent or legal guardian to access and use the App. We may request additional information to confirm your age at any time. By using, accessing or registering with the App, you declare that you are 18 years of age or older or that you have obtained the approval of your parent or legal guardian to access and use the App. We may request additional information to confirm your age at any time.
Use of the App may be subject to additional terms and conditions that govern the use of mobile devices, such as the terms governing the use of Apple devices or Apple’s “App Store”, the agreements governing your use of your social network (for example, when you register as a User with the Service through your Facebook account), and the agreements governing your use of any of your payment methods. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and conditions.
The Service offers user like you (“Users”) a unique and innovative way to watch live and on-demand sporting events captured by Pixellot’s technology (“Broadcasts”), through your smartphone. Our App provides features such as multiple viewing modes, spatial replay, auto-tracking a player and player performance statistics. The App also let you create a clip of the game’s highlights, extract a portion of the video as a standalone clip and bookmark events of interest throughout the video’s timeline (collectively, “Edited Material”).
The rights in and to the Broadcasts are owned by the third party “Operator” of the sporting club running the Pixellot video capturing technology at the venue in which the broadcasted sporting event takes place (the “Sport Club”). Broadcasts are therefore licensed to you by the sporting event’s respective Operator. The Operator designates a “Club Admin” to manage Users’ viewing permissions and privileges for the sporting events at the Sport Club. The Club Admin configures sporting events viewable through the App (each, an “Event”). The Club Admin determines whether a given Event will be publically viewable to all Users (“Public Broadcasts”) or only to User who have been enrolled as members of the Sport Club (“Private Broadcasts”). The Club Admin also determines whether the Event will be viewable for free or subject to a viewing fee.
The App is divided into three sections, live Broadcast (“Live”), video-on-demand Broadcast (“VOD”) and featured videos (“Featured”). The “LIVE” tab lists all live Broadcasts available to you. Once live Broadcasts you had access to are over, they shift to over to VOD. If you edit, tag or mark a video as favorite, it will also appear on your list of Featured videos.
If we believe that the registration information you provided is false or not correct, current or complete, or if we believe that you have violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service. However, we have no obligation to verify the accuracy, correctness, or completeness of any information that you or others have provided.
As a Registered User, you access the Service using an account username and password. Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details, and may not provide or disclose them to anyone else. You agree to inform us of any unauthorized use of your account that you become aware of.
To enroll to a Sport Club and gain access to that club’s Private Broadcasts, you must seek the approval of the Club Admin. To do so, send a ‘follow’ request through the App to the desired Sport Club (a “Follow Request”). The Club Admin maintains complete discretion whether to approve or decline your Follow Request. We have not control or influence over the approval or Follow Requests. Note that the Club Admin is not obligated to approve your Follow Request or any other User’s Follow Request, and may decline your request without providing the reasons for deciding so. You will have no plea, claim or demand against us or the Club Admin in connection with any decision the Club Admin may or may not make regarding your own, or anyone else’s, Follow Request. The Club Admin’s decision is non-contestable.
Access to certain Broadcasts on the App may be subject to a fee (“Fee-based Broadcasts”) at the rates posted at each desired Broadcast. The Club Admin maintains complete discretion over Fee- based Broadcasts and we have not control or influence over this.
Fees are collected either through a monthly subscription fee (“Monthly Package”) or through a single fee per Event (“Pay per View”). If you have paid for a Fee-based Broadcast, it will be viewable to you through the App as a Live Broadcast during the Event, and thereafter through VOD.
Fee-based Broadcasts can only be paid in the then-current payment methods, such as the In-App purchase and in-app billing service, both operated and handled by the relevant application marketplace (Apple App Store or Google Play, respectively), not the Company. Fees are billed through your account on the application marketplace, and are subject to their terms and conditions.
We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. Payment methods are processed and handled through relevant third parties, such as Google, Apple or other payment processors. Payment methods are therefore subject not only to these Terms, but also the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. The Company is not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.
By completing the purchase process for Fee-based Broadcasts, you give your consent to purchasing access to the Fee-based Broadcasts in question, through a Monthly Package or Pay per View transaction (as applicable), and to being billed for the applicable fee for the Fee Based Services, in addition to any applicable taxes, surcharges or commissions.
You acknowledge and agree that, if you’ve selected the Monthly Package, your subscription plan to the Monthly Package will automatically renew for successive monthly periods, for which you will be periodically charged the applicable fees – until you actively terminate your Monthly Package subscription.
We may require additional information from you before completing payment transactions.
All your payment obligations for Fee-based Broadcasts are non-cancelable and all amounts paid to us in connection with them are non-refundable. You are responsible for paying all applicable fees for Fee-based Broadcasts that you accessed, whether or not you enjoyed or otherwise benefited from them.
We may, at any time and at our sole discretion, transform a free of charge Broadcast to a Fee-based Broadcast, and change the applicable fees and payment terms. Failing to settle your payments for a Fee-based Broadcast may prevent you from making further use of the App, in addition to any other remedies available to us under the applicable law. Changes in the fees and payment terms applicable to Fee-based Broadcasts, will take effect immediately upon being posted on the relevant Broadcast.
All Broadcasts and other intellectual property rights associated with the Sport Clubs or its members, including rights portrayed in the video, audio, photos, text, images, scores, logos and statistics available through the App (“Proprietary Content”) are owned by or licensed to the Operator, the Sport Club or other third party. Such Proprietary Content is not owned by the Company or by you. Proprietary Content and Edited Materials (collectively, the “Content”), are all originate from third parties, Sport Clubs, Operators, not the Company.
Content, and in particular Broadcasts are protected by intellectual property rights whether or not the Content is identified as being IP protected. YOU ARE NOT GRANTED ANY PROPRIETARY RIGHTS IN THE CONTENT.
We do not guarantee and make no representation or judgment about the accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality of the Content.
The display of Content through the App does not constitute our endorsement, sponsorship, recommendation or encouragement to engage in any interaction, activity, transaction or dealings with any Sport Club or other third party or an authorization or representation of our affiliation with any Sport Club or third party.
The display of Content through the App does not constitute our endorsement, sponsorship, recommendation or encouragement concerning the Content.
The Company may incorporate advertisements and/or information of a commercial nature in the App or in the Broadcasts itself. The source of such materials may originate from the Company or from third parties and the Company cannot guarantee its reliability or accuracy. The advertising of commercial content, by the Company, does not constitute a recommendation or encouragement to procure the goods or services advertised.
The following clauses define the acceptable use of the Service. Subject to the Terms, you may install the App on your mobile device, use the App to access, and view Content available through it and use the features provided through the App – all strictly for your private, personal and non-commercial use.
Using the Service and viewing Broadcasts through the App, require an online (Wi-Fi or cellular data) connection between your computer or mobile device and the Internet. You are solely responsible for all costs and expenses of such Internet connection, as specified in your subscriber plan or contract with your communication service provider (such as your cellular company).
YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS, REGULATION AND RULES. YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL ACTS OR OMISSIONS ASSOCIATED WITH YOUR ACCESS AND USE OF THE SERVICE AND ACCESS AND USE OF THE APP BY ANYONE ON YOUR BEHALF.
When using the Service, you must refrain from –
Without derogating from any of the above you may not post or submit any information, or use the Service in conjunction with any content, that:
You may not access or use the App in order to develop or create a similar or competitive Service.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE APP. WE MAY SUSPEND OR TERMINATE YOUR REGISTERED USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE APP, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU ARE MISUSING THE APP.
In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your User account, prohibit you from accessing the App or using our Service, and take technical and legal measures to keep you off the Service, if we, in our sole discretion determine that -
We will not be liable to you for terminating your access to the App.
You may request to terminate these Terms and your account on the App at any time, by contacting us through the “Contact Us” section within the App [Please provide link]. Termination will enter into effect once we complete processing your request.
Upon termination of these Terms or your account, for any reason -
Section in these Terms that by their nature should survive termination or expiration of these terms, will so survive and remain in full force and effect following such termination or expiration, including the following sections: Termination, Content and dealings, Fees, Intellectual property, Privacy, Requests to remove content from the Service, Limitation of liability, Indemnity, Governing Law & Jurisdiction, General.
Any requests to remove Content from the App that purportedly infringes or violates third party rights, such as copyright, privacy or publicity must be made in accordance with our Content Takedown Policy, which is incorporated to these Terms by reference.
All rights, title and interest in and to the App, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, but excluding any Content, are the exclusive property of the Company and its licensors. This includes the App’s design, graphics, computer code, “look and feel” and the Company’s domain name but not the Content.
Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the App or any part thereof, in any way or by any means.
You may not use any name, mark, logo or domain name that is similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
We may, at any time and without prior notice, change the layout, design, scope, features or availability of the App. Such changes, by their nature, may cause inconvenience or even malfunctions. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time and in our sole discretion, discontinue or terminate the operation of the App, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the operation of the Service, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.
The availability, quality and functionality of the App depends on various factors, including software, hardware, communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
The Company may revise these Terms, in whole, or in part, at any time, by putting you on notice of the amended Terms. Your continued use of the App after the effective date of the amended Terms constitutes your consent to the amended Terms and will bind you from that date. In case of legal requirement, we may also introduce immediate changes to these Terms.
In any event, if you do not consent to the amended Terms, we may terminate these Terms and your account and block your access to, and use of, the App. The latest version of the Terms and its effective date will always be accessible on the App.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, THE BROADCASTS, APPEARANCE OF INDIVIDUALS IN THE BROADCASTS, COMMERCIAL CONTENT, PROPRIETARY CONTENT AND STATISTICS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. WE DO NOT WARRANT THAT (1) THE APP WILL BE UNINTERRUPTED, ERRORFREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY (2) THE APP WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS (3) THE QUALITY OF THE APP, THE BROADCASTS AND ITS AUDIO OR VIDEO OR OTHER CONTENT AVAILABLE THROUGH OR IN THE APP, WILL MEET YOUR EXPECTATIONS (4) THE CONTENT PRESENTED THROUGH THE APP WILL BE ACCURATE, BENEFICIAL OR RELIABLE (5) THE RESULTS OF THE USE OF THE APP WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE APP, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE BROADCASTS, THE USE OF, OR THE INABILITY TO USE THE APP OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE APP, OR FROM ANY COMMUNICATION WITH THE APP, OR WITH OTHER USERS, CLUB ADMINS OR OTHER PARTICIPANTS ON OR THROUGH THE APP, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE APP. IN ANY EVENT, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE APP, OR IF THROUGH YOUR USE OF THE APP, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
To the maximum extent permitted by law, you will indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the App, your breach of the Terms, your violation, or infringement of any other person’s rights, or your activities and communications on or through the App.
The App may use or may be provided with third party software (“Third Party Software”), including those detailed in the accompanying documentation or README file conveyed along with the App. To the extent so stipulated by the license that governs each Third Party Software ("Third Party EULA"), each such Third Party Software is licensed directly to Licensee from its respective licensors and not sublicensed from Pixellot and is subject to its respective Third Party EULA, not to these Terms. If, and to the extent, a Third Party EULA requires that these Terms effectively impose, or incorporate by reference, certain disclaimers, permissions, provisions, prohibitions or restrictions, then such disclaimers, permissions, provisions, prohibitions or restrictions shall be deemed to be imposed, or incorporated by reference into these Terms, as required, and shall supersede any conflicting provision of these Terms, solely with respect to the corresponding Third Party Software which is governed by such Third Party EULA.
In the event that you or another third party, modifies, replaces or substitutes any Third Party Software used in or provided with this App, we and our Staff or representatives, are irrevocably and fully released from any and all liabilities, warranties, performance, and maintenance and support obligations, with respect to the App.
If, and to the extent, a Third Party EULA requires that the source code of its corresponding Third Party Software be made available to Licensee, and such source code was not delivered to Licensee with the Product, then Pixellot hereby extends a written offer, valid for the period prescribed in such Third Party EULA, to obtain a copy of the source code of the corresponding Third Party Software, from Pixellot. To take up this offer, contact Pixellot at the “Contact Us” section within the app.
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as Google Play or Amazon App- store for Android. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded an App from Apple's App Store. You and us agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Regardless of your place of residence or where you access or use the App from, these Terms and your use of the App will be governed by and construed solely in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
The competent courts in the Tel-Aviv district in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the App and its use, and with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us.
Whenever used in These Terms, the term "Including" or “Such as”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitutes the entire agreement between you and us concerning the subject matter herein, and supersedes all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or transfer your rights and obligations under These Terms without our prior written consent. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding anything to the contrary under law, we may assign These Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to These Terms. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then the provision shall be performed and enforced to the maximum extent permissible by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
You may contact us with any questions or comments, at: email@example.com
Effective Date: May, 1st, 2016.