Collectively the Provider and the Visitors shall be referred to as the ‘Parties’.
GeneralThe use of any or all of the features and services offered by the Provider on FlashScore.ca website and its mobile applications (hereafter referred to as the ‘Website’) and the information, materials and links contained therein, is subject to the ToU as set out below. Unless otherwise agreed by the Provider in writing, the ToU constitute the entire relationship between the Provider and the Visitor in its use of the Website including any or all of its functions on offer by the Website.
The Visitor has the duty to read carefully and understand the ToU before using the Website. A Visitor who has viewed the Website is considered to have read, understood and agreed to be bound by the ToU, without the need for any further act.
The Provider hereby reserves the right to suspend, add, end, amend and/or supplement these ToU from time to time as it may deem appropriate.
The Provider recommends that the Visitor reads carefully the contents of these pages regularly. By using the Website the Visitor agrees to be bound by the ToU, as well as by the latest modifications to them, regardless of whether in fact the Visitor is aware of such modifications.
The Provider is under no obligation to verify that all Visitors use the Website according to the last updated ToU. The effective version of ToU is that which is posted on the Website.
The Website may only be used for lawful purposes. Use of the Website for transmission, distribution, publication or storage of any material on or via the Website which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited. This includes (without limitation) the use of the Website or the transmission, distribution, publication or storage of any material on or via the Website in a matter or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law.
In the event of misuse and/or the abuse of the Website, the Provider reserves the right to close or block the Visitor from the Website and close any account registered in the Visitor’s name. The provider retains the right to bring a lawsuit against the Visitor and at its sole discretion.
ServicesThe Website provide an interactive web and mobile application/features containing live sports information in sporting events, sports scores in real time, final results, fixtures, line ups and sports statistics. The results, and other statistics information contained on the Website reflect information provided by other independent sources (from third parties) or by in-house effort or by various other official websites. While every effort is made by the Provider to update the content and match results or other information displayed on the Website regularly, we advise to double check information gathered on Website also from other sources. The Provider is not responsible for the Visitor’s use of the results and other information contained on the Website.
Third party websitesThe Visitor acknowledges that any contact whatsoever made with third parties after viewing the Website, whether intended or unintended, and any outcome which ensues, is absolutely independent of the Provider and the Provider is not in any way responsible for any agreement or expectation and other consequence which ensues as a direct or indirect cause of this contact.
Any claim or dispute which may arise between the Visitor and such a third party shall in no way involve the Provider.
Third parties, including any third parties advertising on the Website do not have access to the Visitors’ Personal Data and any other data that the Visitor may have given to the Provider.
A/V ContentThe Provider is not responsible for the content of external websites which may be viewed from the Website. All video content found on the Website is not hosted on the Provider’s servers nor is it created or uploaded to the host server by the Provider.
Inactive AccountsIf a Visitor has set up an account on the Website but fails to access it for 60 days, the Provider reserves the right to close the account with immediate effect and without prior notice.
Intellectual PropertyWithout prior authorisation in writing from the Provider, Visitors are not authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise use or alter any of the content of the Website.
FlashScore is a trademark of the LiveSport s.r.o.. Use of the trademark and related marks is prohibited and all rights are reserved.
Any breach of the aforementioned clause may be tantamount to a violation of applicable intellectual property rights within the European Union and other applicable laws. The Provider and any other party authorised on its behalf reserves the right to seek damages to the fullest extent permitted by law against any party committing directly or indirectly this breach.
Type of RelationshipThese ToU are not intended to create any partnership, agency or joint venture between the Provider and the Visitor.
Breach of AgreementIf the Visitor fails to adhere to any clause in the ToU or if the Provider reasonably suspect that a Visitor whether directly or indirectly fails to comply with any clause in the ToU, the Provider reserves the right, and all remedies at its disposition, and at its sole discretion, to close or block the Visitor from the Website and close any account registered in the Visitor’s name and related to it and retains the right to bring a lawsuit against the Visitor and at its sole discretion.
Legal ComplianceVisitors are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident and/or present. The Provider does not accept responsibility for any action taken by any authority against any Visitor in connection with their use of the Website.
Law & Forum and/or communityThis Agreement shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. The Parties submit to the exclusive jurisdiction of the court of the country of Malta for the settlement of any disputes arising out of concerning this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
HeadingsHeadings are intended for clarity and to facilitate reading of these ToU. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind the Provider in any manner whatsoever.
WaiverAny waiver by the Provider of any breach by any Visitor of any provision of these ToU shall not be considered as a waiver of any subsequent breach of the same or any other provision of these ToU.
Warranties and RepresentationsIt is hereby being specified that the Provider makes no representation, pledge or warranty (either explicit or implicit) that the content of the Website is accurate and/or suitable for any particular purpose other than those warranties which cannot be expressly excluded under the governing law of these ToU.
Use of the Website is entirely at the Visitors risk. The Website is not a gaming or gambling website. The Provider of the Website does not provide gaming or gambling services, therefore it does not hold or control player funds and it is not involved in any gaming transactions. Betting odds which are displayed on the Website are part of information and functions of the Website.
The Provider does not guarantee that any of the functions provided by the Website are authorised, and that the operation will fully satisfy the Visitor, that it is entirely secure and exempt from error, that it is updated regularly, that any software defect is regularly corrected, that it is uninterrupted, that the Website are virus or bug free, or that they are continually operational, that they are adequate, that the information and functions available thereon is reliable, or that all other information obtained and functions used on the Website are adequate and reliable. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Website may contain links and references to third party websites/adverts/content. These are provided for the convenience and interest of the Visitor and does not imply responsibility for, nor approval of, information contained in these websites adverts/content by the Provider. The Provider gives no warranty, either expressed or implied, as to the accuracy, availability of content or information, text or graphics which are not under its domain. The Provider has not tested any software located on other websites and does not make any representation as to the quality, safety, reliability or suitability of such software.
Loss or DamageThe Provider is not responsible for any loss or damage, direct or indirect, that the Visitor or a third party might have suffered as a result of using the Website, including but not limited to damages caused by a commercial loss, a loss of benefits, a loss on anticipated earnings, winnings or other profit, interruption of business, loss of commercial information, or any other pecuniary and or consecutive loss.
The Provider is not responsible for winnings made or losses suffered on third party websites which result from the use of information displayed on the Website.
Without limitation to the generality of the preceding two clauses, no responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters:
- mistake(s), misprint(s), misinterpretation(s), mishearing(s), misreading(s), mistranslation(s), spelling mistake(s), fault(s) in reading, transaction error(s), technical hazard(s), registration error(s), manifest error(s), Force(s) Majeure and/or any other similar mistake(s)/error(s);
- violation of the Provider’s rules;
- criminal actions;
- advice, in whichever form, provided by the Provider;
- legal actions and/or other remedies;
- loss or damage that Visitors or third parties might have suffered as a result of their use of the Website, its content or that of any link suggested by the Provider;
- loss or damage that Visitors or third parties might have suffered as a result of any modification, suspension or interruption of the Website;
- criminal use of the Website or of its content by any person, of a defect, or omission or of any other factor beyond our control;
- any use made of the Website due to a third party accessing the private areas requiring login and password by using a Visitor’s Username and Password;
- in case of discrepancies in the services, functions and any other feature offered by the Website due to viruses or bugs as it relates to all parameters that make up the Website, any damage, costs, expenses, losses, or claims brought about by said discrepancies;
any act or omission by an internet provider or of any other third party with whom Visitors may have contracted in order to have access to the Website. In case of litigation between the internet provider and Visitors, the Provider cannot be a party to the suit, and such suit shall in no way affect these ToU;
- any claim arising as a result of damages incurred by a Visitor due to the content of any material posted by another Visitor or other third party not authorised by the Provider on the Website.
Collection of Personal DataThe Website does not collect any Personal Data when Visitors simply browse the Website. However, the Website does require that Visitors supply some Personal Data when using additional or advanced services provided on the Website after the registration. On these occasions the Website will ask Visitors for their respective consent prior to the collection and use of the Visitors’ Personal Data. Upon registration or at other times the Website may ask Visitors to submit their login e-mail address and password.
Visitors are under no obligation to provide their Personal Data or to permit their Personal Data to be collected by the Website. However, the Website may not be able to provide the Visitors not consenting to the collection their Personal Data with all services offered by the Website.
Although Visitors may have consented to the Website our using their respective Personal Data, they are entitled to subsequently revoke their respective consent by providing the Website with compelling legitimate reasons.
The Right of AccessVisitors are entitled to request that the Controller (defined hereunder) provides them with written information on which of their respective Personal Data it has collected and/or used. A request can be made by submitting a request in writing to the Controller (defined hereunder).
The Website undertakes to make all reasonable efforts to keep the Personal Data collected updated. However Visitors are invited to inform the Website of any changes to their Personal Data which is held by the Website.
Visitors who consider that any of their respective Personal Data is inaccurate, may request the Controller in writing to correct the data. Visitors also have the right to request the Controller to block or delete their respective Personal Data if it has been processed unlawfully.
Purposes for the collection and use of Personal DataThe Personal Data collected by the Website shall be processed in accordance with the provisions of the Data Protection Act (Chapter 440 of the Laws of Malta) and subsidiary legislation enacted there under and solely processed for the purposes of:
- Communicating with the Visitors;
- Sending Visitors forgotten password to their respective personal account;
- Sending Visitors information which the Provider thinks they will find useful, including information on products, services information and commercial / advertising materials on offer by the Website / advertising materials on offer by third parties the Website cooperate with;
- Providing any advanced services which are possibility to configure website to some extent;
- Improving the content offered by the Website;
- Providing Visitors with personalised Website content and/or layout.
Disclosure of Personal Data to third partiesThe Provider does not sell, trade or rent or otherwise disclose Personal Data appertaining to Visitors to any third party without their prior respective consent. However Personal Data would be disclosed to third parties in the eventuality of a sale of the Website.
The above is without prejudice to any legal obligation incumbent on the Website to disclose Visitors’ Personal Data to third parties.
The above is also without prejudice to disclosures which are absolutely necessary as part of one or more of the Purposes for collecting and using Personal Data. In this case the Website shall seek the prior express consent of the Visitors concerned.
The Provider reserves the right to provide statistics about Visitors, sales, traffic, and other statistical information relating to the Website to third parties, however, without identifying any particular Visitor.
Log FilesIn order to better administer the Website and to collect broad demographic information of Visitors for aggregate use, the Website automatically logs the IP address of all Visitors and the pages viewed by each Visitor respectively.
SecurityThe Website and the Controller have adopted various measures, both technical and organisational, to help protect against the destruction, loss, misuse and alteration of Personal Data which has been collected and used. Notwithstanding these efforts, the Provider cannot guarantee that such event will not occur.
The period for which Personal Data is keptThe Personal Data is kept only for the time period required to meet the purposes for which it was collected. In case of user account inactivity for 3 years all collected user Personal Data will be deleted.
ProviderLiveSport Media Ltd a company duly registered under the laws of Malta on the 22nd November 2011 with registration number C 54555, and having its registered address at CMS House, First Floor, St. Peter's Street, San Gwann, SGN 2310, Malta.
The Controller of data collected and used from Visitors of the Website is LiveSport s.r.o., Bucharova 8, 158 00 Prague, Czech Republic.