Terms of Service

Effective Date: June 03, 2019

1. Acceptance

We encourage you to read these Terms of Use (the “Terms”). This is a legally binding contract, even if you are just browsing through reclub.co (the “Site”) or Reclub mobile application (the “App”) without registering an account or contacting us. The Site and the App are collectively referred to herein as the “Service.” Our Privacy Policy (https://reclub.co/privacy) also governs your use of the Service. If you do not agree to accept these Terms or the Privacy Policy, you must exit the Service. Note that we may revise the aforementioned documents whenever we feel it is appropriate, sometimes without prior notification. If you continue visiting our Service after we have published the revised versions, this constitutes your acceptance of the changes. If you do not agree with any changes, you must exit the Service.

2. Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Reclub App and Website:

(a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(b) engaging in activities or submitting Materials that could be harmful to minors;

(d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, addresses, (collectively, "User Data") without their consent;

(e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(f) submitting Materials that contain restricted or password only access pages, or hidden pages or images;

(g) submitting Materials that displays pornographic or sexually explicit material of any kind;

(h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware;

(j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users;

(k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;

(l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Web site or for any other unauthorized purpose without Reclub's prior written consent;

(m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Web site;

(n) decompiling, reverse engineering, or disassembling the Software or attempting to do so

(o) taking any action that imposes an unreasonable or disproportionately large load on the Reclub web site or Reclub's hardware and software infrastructure or that of any of its Licensors or Suppliers.

3. Neutral Venue

Our Service allows sports enthusiasts to matchup with other players, recruit teammates, find coaches and organize games locally. Our Service is a neutral venue that is not a party to any user interactions. We simply offer a platform for sports lovers to find each other. Therefore, we disclaim all liability arising out of users’ interactions, listings, messages and submitted content. You are solely responsible for taking adequate safety precautions when meeting someone via our Service. We do not endorse any particular coach or any other user of our platform.

4. Intellectual Property

a) Our IP. All Service contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property.

b) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Service to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to hello@reclub.co.

5. Your Obligations

By using this Service, you represent, warrant and agree that:

a) You will only use the Service for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Service.

b) You will take adequate safety precautions when meeting people via our Service.

c) You will not use our Service to stalk, harass or defame anybody.

d) Our Service may contain typographical errors or other inaccuracies.

e) You will not submit unsolicited bulk or commercial messages ("spam") to our Service, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.

f) We have the right to refuse access, service or disable your account on our Service at any time for any reason or no reason without notice, explanation or liability of any kind.

g) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content.

h) You will not interfere with the proper working of the Service. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party's rights of privacy and publicity.

6. Fee & Subscription

The App is supported by third party advertising and sponsorship revenue. Therefore, the App is provided, per the terms of this Agreement, without an additional fee unless you have activated the ad-free features by purchasing a subscription to that service. A subscription functions as an "in-app" purchase option, which will disable all third party advertising served through the application and provide additional stated benefits upon subscrption. Subscriptions renew on a periodic basis unless you indicate and request non-renewal through the App. Subscription payments will be processed by Reclub or a participating mobile app provider, such as Google Play or Apple iTunes, from which you originally downloaded the application. You may access the applicable "in-app" purchase rules and policies directly from the applicable app store(s). Additional terms or conditions may apply to a subscription at the time of order or renewal.

7. Remedies for the breach of these terms

a) We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, (iii) take any other action provided for in these Terms of Use or available under equity or law.

b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

8. Disclaimer of Warranty; Limitation of Liability

a) THIS SERVICE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS". YOU MUST NOT RELY ON ANY INFORMATION PUBLISHED ON OR LINKED TO THIS SERVICE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SERVICE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SERVICE.

b) WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

10. Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Kentucky. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located in the County of Lexington, KY.

11. General

a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Service.

b) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.

c) Hyperlinks. You may link to our Service, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.

d) Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

e) No Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

f) Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.

12. Contact Us

To report any abuse, questionable content, or to submit any general inquiries, please send us an email at hello@reclub.co. You can also contact us by mail at the following address:

126 Ocean Cay Blvd Saint Augustine, FL 32080 United States of America