Terms & Conditions - Sport Endorse

Sport Endorse Limited
Terms And Conditions

Updated: August 2023

These terms and conditions of use (including all parts and schedules to them) together with our privacy policy (https://www.sportendorse.com/privacy-policy/) (collectively, these “Terms”) are a contract (referred to in these Terms as an "Agreement") entered into by and between you and Sport Endorse Limited (company registration number 593768) with registered office address at 2 Seapoint Avenue, Blackrock, County Dublin (“Sport Endorse”, "the Company" “we”, or “us” or “our”). The Terms describe your rights and responsibilities with regard to the use of all Sport Endorse websites and applications, and all content and services contained therein.

These Terms apply to all Brands, visitors, users, and others who access any of the Service. The additional terms contained in Part B also apply to Brands/Agencies and the additional terms contained in Part C also apply to Talent. By using, accessing, or registering with the Service, you agree to be bound and abide by these Terms and all applicable laws and regulations.

PART A: GENERAL TERMS

1. DEFINITIONS
In these Terms, the following phrases and wording shall have the following meaning:

"Agency" means a User which is engaged in the business of attempting to procure engagements for Talent with Brands and which attempts to represent Talent (also "Agent" and "Agencies");

“Agreement” means this agreement between any user and Sports Endorse which is comprised of these Terms and any related orders or agreements referred to herein and in which these Terms are referred to and constitutes the entire understanding and agreement between Sport Endorse Limited and User with respect to the subject matter of this Agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to it unless agreed otherwise in writing between the parties;

"Brand" means any User which is a person, firm or corporate body (together with any company which is related to the Brand) that uses the Sport Endorse Service or application to access Talent;

“Intellectual Property” means patents, trademarks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software), secret formulae and processes, other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licences and consents in respect of any of the rights and forms of protection mentioned in this definition (and “Intellectual Property Rights” shall be construed accordingly);

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“User” means the person, firm or corporate body together with any company which is related to the User that uses the Sport Endorse Service or application, including all Brands, Agencies, and Talent (also may be referred to as "you" or "your");

"Service" means all Sport Endorse websites and applications, and all content and services contained therein (also may be referred to as "Services");

"Sport Endorse" means Sport Endorse Limited (company registration number 593768) with registered office address at 2 Seapoint Avenue, Blackrock, County Dublin (“Sport Endorse”, "the Company" “we”, or “us” or “our”);

"Talent" means Users which are athletes, sports personalities, sports presenters, brand ambassadors and other influencers who use the Sport Endorse Platform to engage with Brands;

2. OVERVIEW OF SERVICE AND UPDATES

2.1 Overview. Sport Endorse is a platform for Brands and Agencies to communicate and transact with Talent seeking endorsement and commercial partnership opportunities. Brands/Agencies can using the Service offer and negotiate sponsorship opportunities with Talent to create sponsorship/endorsement contracts (“Sponsorship Contracts”) and/or commercial partnerships.

2.2 Role of Sport Endorse. Sport Endorse acts as a technology platform for Users to access Talent. Save as is expressly agreed otherwise, we do not act as agent for the Talent and do not represent or undertake to represent any such Talent. We have no liability in any way for the acts and omissions of any Talent or Brand or Agency or User and each User acknowledges and agrees that Sport Endorse is not responsible for nor bears any liability in relation to the conduct or activities of any Talent or User.

2.3 Talent Engagements. Where a User agrees an engagement with a Talent through the Service, a separate contract is formed between the Talent and User to which we are not a party. You acknowledge that any disputes, claims or proceedings arising out of or related to the engagement of any Talent shall be pursued solely and exclusively between User and Talent. For the avoidance of doubt, under no circumstances shall Sport Endorse be liable, responsible or involved in any way with any failure on the part of either party to an agreement between Talent and User or for any disputes, claims, proceedings or controversies of any nature which may arise in respect of such agreements.

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2.4 Provision of Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service; or create usage limits for the Service. If, for any reason, we believe that you have not complied with these Terms, we may, at our sole discretion and without liability, permanently terminate or temporarily suspend your access to the Service immediately and without prior notice. If you believe your account has been terminated or suspended in error, please contact your account manager or send us an email at platform.hello@sportendorse.com.

2.5 Updating the Terms. We may, in our sole discretion, modify or update these Terms from time to time. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, then your only remedy is to discontinue your use of the Service.

3. USE OF THE SERVICE

3.1 Code of Conduct. In your use of the Service, you agree to act in a lawful and respectful manner toward us and toward all other Users. We reserve the right to remove or refuse to post any content that we, in our sole discretion, determine to be disrespectful, inappropriate or illegal. Please read these Terms before using the application and/or Service. By using the Service and/or accessing, using or downloading material, you agree to be bound by these Terms and the Code of Conduct. If you are agreeing to these Terms on behalf of someone else (your employer for example), then you are representing and warranting to us that you have full legal authority to bind that third party and to enter into this Agreement with us on behalf of that third party.

3.2 No Persons Under 16. Persons under 16 years of age are no permitted to become a User and or use the Service. All Users confirm that they are over 16 years of age. Persons under the age of 16 must not submit any personal information to us.

3.3 Account Security. You are the sole authorised user of any account you create on the Service. As such, you are responsible for all activities that occur in relation to any account you create. You should take care to keep your password confidential. You must notify us immediately of any breach of security or unauthorised use of your account. Sport Endorse will not be liable for any losses caused by unauthorised use.

3.4 Registration Data. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Registration Data”) in order to allow Sport Endorse to provide the Service and retain records relating to same and to this end, you agree to update your Registration Data to keep it accurate and complete. You agree that Sport Endorse may store and use the Registration Data you provide for use in maintaining and arranging any payment to your account. Such Registration Data will be stored and maintained in accordance with our Privacy Policy.

3.5 Content. When creating your account, you must provide accurate and complete information. Sport Endorse has no responsibility for the content including all materials or information that you or other Users post, create or make available through the Service (collectively, “Content”). Any Content you create must be your own. By creating Content, you grant us a license to use your Content in our business activities related to the Service (including promotional activities).

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3.6 Notices. By providing an email address, you consent to Sport Endorse using the email address to send you notices related to the Service and/or special offers. You may choose to opt out of messages (to the extent the messages are not required by law). Opting out may prevent you from receiving important notices regarding updates, improvements, or offers.

3.7 Prohibited Activities. You may not:
(i) use any robot, spider, scraper or other automated means to access the Service;
(ii) interfere or attempt to interfere with the proper operation, system integrity, or security of the Service;
(iii) attempt to circumvent the Service and associated Commissions (as described in these Terms);
(iv) use the Service to advertise or promote a competing website, product, or service;
(v) copy, reproduce, modify, create derivative works from, distribute, or publicly display any part of the Service or any Content that is not your own;
(vi) collect or harvest any personally identifiable information from the Service.

3.8 Communications. To prevent direct or indirect attempts to circumvent the Service and associated Commissions, Sport Endorse has the right, but not the obligation, to prevent Users from including email addresses, phone numbers, and other personal and identifying information in communications sent via the Service. When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

4. DEALS AND DEAL PAYMENTS

4.1 Sponsorship Contracts. "Sponsorship Contracts" are created directly between the Talent and Brand/Agency according to the terms, rights, and benefits agreed and entered into by both Talent and Brand/Agency. Sport Endorse has no responsibility with respect to the Sponsorship Contracts. Compliance with advertising/sporting regulations and all applicable law related to such contracts is the responsibility of the Talent and Brand/Agency.

4.2 Deal Payments. “Deal Payment” refers to the cash consideration owed by a Brand/Agency to the Talent per the terms of a Sponsorship Contract. Unless otherwise agreed in writing by all parties (including Sport Endorse), we will charge the Brand/Agency credit card on file for all Deal Payments and will hold Deal Payments in escrow pending completion of the relevant campaign.

4.3 Sport Endorse Commission. All payments or other forms of compensation or reward between Brand/Agency and the Talent who have met through the Service (including but not limited to Deal Payments) are subject to payment to Sport Endorse of commission at the rate of commission detailed in their Plan, which is payable to Sport Endorse (a “Commission”) for one year after the last communication (e.g. application, invite, or message) between the parties via the Service. No commission will be collected on deals where payment is in the form of a product or gift of kit.

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4.4 Charges for Service. Prices for the Service may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. The use of the Service is subject to payment of all subscription or commission payments due as set out in these Terms for relevant users.

4.5 Cancelled Deals. If Talent cancels a deal or otherwise does not fulfil his or her obligations under a Sponsorship Contract, we will return the unearned portion of the Deal Payment to the Brand/Agency in the form of a credit or a refund.

4.6 Agents. All communications are strictly between Brands and Talent. Agents are not permitted to register, control, operate or maintain an account but may access an account for administrative purposes with Talent consent.

5. REPRESENTATIONS

5.1 Suitability of Users. We cannot guarantee—and we make no representations regarding—the suitability, reliability, or quality of the Talent or Brands/Agencies listed on the Service. Users are solely responsible for conducting background checks on other Users with whom they transact via the Service.

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5.2 Brand/Agency Representations. Brands/Agencies listing on Sport Endorse represent and warrant that the Sponsorship Contract entered into, together with any other content or materials provided, complies with all applicable laws, regulations, policies and agreements, does not violate any third-party rights and that such Brand or Agency has all necessary rights and entitlements to enter into such Sponsorship Contracts.

6. LICENSE TO USE SERVICE

6.1 Sport Endorse Intellectual Property. Users acknowledge that the Service and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs and other content within the Service (“Sport Endorse Content”), and all intellectual property rights in the foregoing, are the exclusive property of Sport Endorse and its licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to use Sport Endorse Content. Use of Sport Endorse Content for any purpose not expressly permitted by these Terms is prohibited.

6.2 Intellectual Property Rights. Users acknowledge and agree that Sport Endorse and/or its licensors own all Information and Intellectual Property Rights in the Service. Except as expressly stated herein, this agreement does not grant User you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service. To the extent that any modifications or improvements to the Service are carried out under or in connection with this Agreement, whether by Sport Endorse alone or jointly with User, and whether based on User ideas or suggestions, all Intellectual Property Rights to such underlying ideas and in any resulting improvement or modifications shall be assigned to and shall vest with and be solely owned by Sport Endorse and/or its licensors.

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6.3 Non Exclusive Licence to Sports Endorse. If User post Content or submit material to Sport Endorse, and unless otherwise indicated, User grants Sport Endorse a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content throughout the world in any media.

6.4 Our License to User. Subject to the Terms, Sport Endorse grant User a limited, non- transferable, and revocable license to access and use the Service, including accessing and viewing Sport Endorse Content, as expressly permitted by the features of the Service. Sport Endorse may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Sport Endorse reserves all other rights and no other rights are granted by implication or otherwise.

6.5 No Sharing of Data or Information. User may not resell, redistribute, broadcast or transfer information or use the information in a searchable, machine readable database or file except through the authorised access to the Service. Unless separately and specifically authorised in writing by Sport Endorse, User may not rent, lease, sublicence, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Service, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity.

7. COPYRIGHT INFRINGEMENT NOTICES

7.1 Notice of Infringement. Sport Endorse is committed to respecting others’ intellectual property rights, and we ask our Users to do the same. If a User believes that your work has been copied in a way that constitutes copyright infringement on the Service, please send a written notice of claimed copyright infringement to platform.legal@sportendorse.com.

7.2 Restrictions on Use of Material. Except as expressly permitted in these terms, User may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the website or information; (ii) circumvent, disable or otherwise interfere with security-related features of the Service; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Service or Information for any purpose without our express written permission; (iv) collect or harvest any personal data or personally identifiable information from the Service including, without limitation, user names, passwords, email addresses; (v) attempt to or interfere with the proper working of the Service or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the website; (vii) use network-monitoring software to determine architecture of or extract usage data from the website; (viii) encourage conduct that violates any local, state, federal law or international law, impersonate others, use a false email address, or misrepresent your affiliation with others; or (ix) engage in any conduct that restricts or inhibits any other user from using or enjoying the website.

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7.3 Compliance with Laws. User agrees to use the Service for lawful purposes only. When using the Service, User agrees to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. User agrees not to post or transmit any information through the Service or associated applications which (a) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without express written permission of the owner of such right, (d) contains unauthorised or malicious software such as viruses. User shall be solely liable for any damages resulting from infringement of any copyright, trademark or other proprietary right, or any other harm caused by User's use of the Service or Information.

8. RESOLUTION OF DISPUTES

8.1 Between You and Another User. Sport Endorse has no obligation to resolve disputes between you and another User. If such a dispute arises, Sport Endorse may, in its sole discretion and without incurring liability, facilitate communication between Users, or otherwise take any actions we deem appropriate to resolve the dispute.

8.2 Between You and Sport Endorse. Our goal is to resolve any dispute quickly and cost-effectively. Accordingly, if a User is dissatisfied with the Service or has any claim against Sport Endorse at law or equity, User agrees to first contact us directly at platform.legal@sportendorse.com to seek dispute assistance prior to initiating any claim or legal action.

8.3 Mediation. If the matter cannot be resolved through negotiation directly between the parties within 10 Business Days of notification, the dispute may be referred by either party to a single mediator to be nominated by the parties and being a CEDR accredited mediator experienced in such disputes. The costs of the mediator shall be borne equally by the parties.

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8.4 Arbitration. Failing a resolution of the dispute through mediation the dispute shall be decided by an independent arbitrator as a binding arbitration pursuant to the Arbitration Acts 2010, agreed by the parties or, in default of agreement, appointed by the President for the time being of the Law Society of Ireland or in the event of his being unwilling or unable to do so by the next senior officer of the Society who is willing and able to make the appointment provided always that these provisions shall apply also to the appointment (whether by agreement or otherwise) of any replacement arbitrator where the original arbitrator (or any replacement) has been removed by Order of the High Court, or refuses to act, or is incapable of acting.

8.5 Costs and Decision of Arbitration. The costs of the arbitrator shall be borne in such proportion as the arbitrator shall determine to be fair and reasonable in all circumstances or, if no such determination is made, by the Parties in equal proportions. The findings and submissions to the arbitrator shall be deemed and remain always strictly confidential as between the parties. The decision of the Arbitrator shall be final and binding. The place of arbitration under this Clause 19 shall be Dublin, Ireland.

9. THIRD PARTY LINKS

9.1 Links. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Sport Endorse. Sport Endorse does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

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9.2 Access to Third Party Websites. If User access a third-party website from the Service, User does so at your own risk, and User understand that neither these Terms nor Sport Endorse’s Privacy Policy apply to your User's use of such sites.

10. WARRANTY DISCLAIMER

10.1 As is Service. The Service is provided by Sport Endorse on an “as is,” “as available” basis, and without any warranties or conditions of any kind, express or implied, including but not limited to the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, whether arising out of statute, in law, or from a course of dealing or usage or trade. We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of the Service or any User, or the accuracy of any content.
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10.2 Necessary Technology. Use of the Service requires; (i) compatible devices, (ii) internet access, (iii) certain software (for which fees may apply), (iv) may require periodic updates, and (v) may be affected by the performance of these factors. High speed internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Service and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Service are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

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10.3 Third Party Materials. Certain services may include materials from third parties. Sport Endorse may provide links to third-party websites as a convenience to you. User agrees that Sport Endorse is not responsible for examining or evaluating the content or accuracy and Sport Endorse does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. User agrees that it will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Sport Endorse is not in any way responsible for any such use by you.

10.4 Interruption of Service. Sport Endorse does not guarantee, represent or warrant that use of the Service will be uninterrupted or error-free and User agrees that from time to time Sport Endorse may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to User. No warranty is made that the Service will meet User's requirements.

11. LIMITATION OF LIABILITY AND RELEASE

11.1 Exclusion of Liability. To the maximum extent permitted by applicable law, neither Sport Endorse, our licensors, nor our third-party service providers shall be liable to any User for any special, indirect, consequential, incidental or punitive damages arising out of or related to this Agreement or the use of the Service, including but not limited to: loss of profits, loss of business opportunities, loss of reputation, or loss of goodwill, even if advised of the possibility of such damages.

11.2 Limitation of Liability. Notwithstanding anything to the contrary stated in these Terms, in no event will our aggregate liability to you arising out of or related to these Terms or the Service, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of (a) €1,000, or (b) the aggregate amount of fees actually collected by us from you for the Services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.

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11.3 Waiver and Release. Sport Endorse will have no liability to User for damages (whether direct or indirect) arising out of, or relating to, any transaction entered into using the Service (including any Sponsorship Contract). If User has a dispute, controversy or claim with or against another User or a third party, you agree to, and do hereby waive all claims against Sport Endorse, release Sport Endorse (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

12. ASSIGNMENT & CONFIDENTIALITY

12.1 No Assignment by User. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sport Endorse without restriction. Any attempted transfer or assignment in violation hereof shall be null and void and shall entitle Sport Endorse to terminate the Agreement.

12.2 Confidentiality. Each party agrees and undertakes that during the term of these Terms and thereafter it shall keep confidential and shall not use for its own purposes, nor without the prior written consent of the other party disclose to any third party, all information of a confidential nature (including, without limitation, information relating to Sport Endorse's Service, it's website, applications and business and any information relating to either Sport Endorse's or User products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets and information of commercial value) which may become known to that party from the other party (“Confidential Information”), unless the information is public knowledge or already known to that party at the time of disclosure or subsequently becomes public knowledge other than by breach of this Agreement or subsequently comes lawfully into the possession of that party from a third party or the party is required to disclose by applicable law.

12.3 Limited Disclosure. To the extent necessary to implement the provisions of this Agreement, each party may disclose Confidential Information to those of its directors, employees, or advisors as may be reasonably necessary or desirable, provided that before any such disclosure each party shall make those persons aware of its obligations of confidentiality under these Terms and shall at all times procure compliance by those employees with them.

13. GOVERNING LAW

13.1 These Terms and any action related thereto will be governed by the laws of Ireland and the parties herby submit to exclusive arbitration as set out in clause 8 of these Terms, for the resolution of all and any disputes.

14. ENTIRE AGREEMENT/SEVERABILITY

14.1 These Terms, together with any amendments and any other written agreements you may enter into with Sport Endorse in connection with the Service, shall constitute the entire agreement between you and Sport Endorse concerning the Service. If any provision or portion of a provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining portion of such provision or any other provisions of these Terms, which shall remain in full force and effect.

15. MISCELLANEOUS

15.1 Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and a failure or delay of Sport Endorse to assert any right or provision herein shall not constitute a waiver of such right or provision.

15.2 No Third Party Rights. Unless otherwise expressly provided, no provision of this Agreement is intended or shall be construed to confer upon or give to any person or entity other than Sport Endorse and you any rights, remedies or other benefits under or by reason of this Agreement.

13. GOVERNING LAW

15.3 Force Majeure. User agrees that Sport Endorse shall carry no responsibility for non-fulfilment or delayed fulfilment of the Service owing to a force majeure event, including but not limited to, war, acts of terrorism, riots, civil unrest, intervention by government or public authorizes, fire, strike or lock-out, export and/or import bans, failure in telecommunications services and networks, shortage of labour, fuel or power, pandemic, epidemic or any other cause beyond the control of us which may delay or impede the Service.

15.4 No Joint Venture. User agrees that no joint venture, partnership, employment, or agency relationship exists between you and Sport Endorse as a result of these or use of this Service

16. THIRD-PARTY APIS

16.1 API's. The Sport Endorse platform uses and links to a range of other services, software solutions and apps via API's which include the following. All use and/or access of such API's is subject to the relevant terms and conditions of use which any User must accept to utilise.

16.2 PassBase: Our platform connects to PassBase APIs to pull and centralise our clients’ data and for KYC/AML purposes. Click Here to access PassBase’s Terms of Service.

16.3 YouTube: Our platform connects to YouTube APIs to pull and centralise our clients’ data. Click Here to access YouTube’s Terms of Service.

13. GOVERNING LAW

16.4 Instagram: Our platform connects to Instagram APIs to pull and centralise our clients’ data. Click Here to access Instagram’s Terms of Service.

16.5 Twitter: Our platform connects to Twitter APIs to pull and centralise our clients’ data. Click Here to access Twitter’s Terms of Service.

16.6 Facebook: Our platform connects to Facebook APIs to pull and centralise our clients’ data. Click Here to access Facebook’s Terms of Service.

16.7 Stripe: Our platform connects to Stripe APIs to process payments. Click Here to access Stripe’s Terms of Service.

17. HOSTING SERVICES

17.1 Sharing Data with Hosting Services. Our platform uses certain hosting services (including Amazon Web Services) such that the data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). Such transfers will be subject to the terms and conditions agreed with such hosting services. It may also be processed by staff operating outside the EEA who work for us or for the hosting service provider. By submitting your personal data, you consent to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms and our Privacy Policy. Click Here to access our Privacy Policy. The safeguards in place with regard to the transfer of your personal data outside of the EEA are the entry by us into appropriate contracts with all transferees of such personal data.

18. CONTACTING US

18.1 Assistance. If you wish to report a violation of the Terms, have any questions, or need assistance, please contact Sport Endorse customer support at platform.hello@sportendorse.com.

PART B: ADDITIONAL TERMS APPLICABLE TO BRANDS/AGENCIES

1. Age. No person under 16 maybe a User and Brands must use best endeavours to ensure that no personal information in respect of a person who is under the age of 16 years is submitted to Sport Endorse. We will not knowingly accept any data from a Brand or Agency in respect of a person who is under the age of 16 years.

2. Venue. Brands and Agencies agree that it is their responsibility to ensure that any venues or locations in which the engagement with the Talent is held is safe, fit for purpose and with adequate security.

3. Brand/Agency. Brands and Agencies shall sign up to Sport Endorse for a subscription plan. This may offer support from an account manager (such plans being “Subscription Plans”). Subscription Plans are non-refundable within the initial service term. All Subscription Plans are automatically renewed until cancelled by the User prior to any such renewal, in writing to Sport Endorse via email to subscriptions@sportendorse.com. In instances where the credit card on file fails, we will contact the Brand/Agency email on file for an alternate payment method. If there is no response, we will follow up with the Brand/Agency’s financial team.

4. Cancelation of Subscription Plan. A Brand/Agency may cancel a subscription to a Subscription Plan at any time after the initial service term is complete and there are no open Sponsorship Contracts in the account (i.e. deals where a proposal has been accepted by the Talent but the opportunity has not yet been completed). Cancelation requests must be made in writing to the Sport Endorse account manager or to subscriptions@sportendorse.com. In the event we cancel your Subscription Plan for failure to comply with these Terms, you will forfeit the remainder of your subscription term; we will not issue a refund.sportendorse

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5. Suspension of Service. We reserve the right in our sole discretion (acting reasonably) and at any time to terminate or suspend your access to the Service and/or block your access to the website/application for any reason including, without limitation if you have failed to comply with these Terms and or pay any amount due. User agrees that Sport Endorse shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Service.

6. Continuation of Terms. Any suspension or termination shall not affect your obligations to us under these Terms and Conditions and shall be without prejudice to any accrued rights of either Party or amounts payable in respect of the Fees. The provisions of these Terms and Conditions which by their nature should survive the suspension or termination shall survive including, but not limited to indemnities, releases, disclaimers, limitations on liability, and choice of law.

PART C: ADDITIONAL TERMS APPLICABLE TO TALENT

1. Intellectual Property. The Talent acknowledges that the Service and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs and other content within the Service (“Sport Endorse Content”), and all intellectual property rights in the foregoing, are the exclusive property of Sport Endorse and its licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to use Sport Endorse Content. Use of Sport Endorse Content for any purpose not expressly permitted by these Terms is prohibited.

2. Ownership of Sport Endorse. The Talent acknowledges and agrees that Sport Endorse and/or its licensors own all Information and Intellectual Property Rights in the Service. Except as expressly stated herein, this agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service. To the extent that any modifications or improvements to the Service are carried out under or in connection with this Agreement, whether by Sport Endorse alone or jointly with the Talent, and whether based on the Talent's ideas or suggestions from, all Intellectual Property Rights to such underlying ideas and in any resulting improvement or modifications shall be assigned to and shall vest with and be solely owned by Sport Endorse and/or its licensors.

3. Grant of Non Exclusive Right. If the Talent posts content or submits material to Sport Endorse, and unless otherwise indicated, you grant us a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content throughout the world in any media.

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4. All Talent using the Service provided by Sport Endorse agrees with Sport Endorse that:

4.1 Sport Endorse has the unrestricted right to depict the Talent, by way of photograph or film (whether provided by the Talent or created by Sport Endorse) as permitted by law, using any technology or media including but not limited to digital, electronic, print, film and television media now known or yet to be invented relating to the promotion of the business activities of Sport Endorse while the Talent is using the Service of Sport Endorse;

4.2 Sport Endorse may generate and use images of the Talent on a nonexclusive basis in media or for promotional purposes throughout the World;

4.3 any images or depictions of the Talent generated by Sport Endorse may be edited, stored, copies made of and reused at the sole desertion of Sport Endorse;

4.4 the Talent releases Sport Endorse from any future claim made by me or anyone else arising out of the use of the images or depictions of the Talent;

4.5 no consideration is due to the Talent for this release;

4.6 this release is irrevocable and worldwide for the period while the Talent is using the service of Sport Endorse and will be governed by the law of The Republic of Ireland;

4.7 The Talent has read this release and fully understands the contents and consequences of this release and accept that it will be fully binding on the Talent.

Sport Endorse Limited Terms And Conditions

PART A: GENERAL TERMS

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9.2 Access to Third Party Websites. If User access a third-party website from the Service, User does so at your own risk, and User understand that neither these Terms nor Sport Endorse’s Privacy Policy apply to your User's use of such sites.

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13. GOVERNING LAW 13.1 These Terms and any action related thereto will be governed by the laws of Ireland and the parties herby submit to exclusive arbitration as set out in clause 8 of these Terms, for the resolution of all and any disputes.

13. GOVERNING LAW

13. GOVERNING LAW

18. CONTACTING US 18.1 Assistance. If you wish to report a violation of the Terms, have any questions, or need assistance, please contact Sport Endorse customer support at platform.hello@sportendorse.com.

PART B: ADDITIONAL TERMS APPLICABLE TO BRANDS/AGENCIES

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PART C: ADDITIONAL TERMS APPLICABLE TO TALENT

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Sport Endorse Limited
Terms And Conditions

13. GOVERNING LAW

13.1 These Terms and any action related thereto will be governed by the laws of Ireland and the parties herby submit to exclusive arbitration as set out in clause 8 of these Terms, for the resolution of all and any disputes.

18. CONTACTING US

18.1 Assistance. If you wish to report a violation of the Terms, have any questions, or need assistance, please contact Sport Endorse customer support at platform.hello@sportendorse.com.