Soccermetrics API Terms of Service

  • Initial Version: 02 September 2013
  • Current Version: 02 September 2013

Introduction

Please carefully read this agreement (the “Agreement”) before using Soccermetrics Research’s web services, as it affects your legal rights and obligations. This Agreement governs the way that You are permitted to access Soccermetrics Data and Analytics via the API. By accessing the API, You agree to accept and abide by the terms set out in this Agreement in respect of Your access to and use of the Soccermetrics Data and Analytics.

The terms of this Agreement may be updated by Soccermetrics from time to time by providing you with advance written notice containing the updated terms. Any such updated terms shall supersede and replace the terms of this Agreement. By continuing to use any Soccermetrics Data and Analytics, you will be deemed to have accepted the updated terms. If you do not agree to be bound by this agreement, please do not use Soccermetrics Research’s web services.

The Terms in English

  • You must register to gain access to the Soccermetrics API, and we will provide you with authentication tokens to access Soccermetrics Data and Analytics.
  • We grant You a limited terminable license to copy and use the Soccermetrics Data and Analytics, subject to certain restrictions set out in this Agreement and any additional restrictions arising from changes to Soccermetrics Research’s Privacy Policy from time to time.
  • You are granted this license without charge. However, we reserve the right to charge for access to the web services and share in revenue generated from your use of the web services on terms to be negotiated in good faith between Soccermetrics Research and You.
  • This Agreement covers only Your use of Soccermetrics Data and Analytics. You must not sub-license the Soccermetrics Data and Analytics to others.
  • You may not use Soccermetrics Data and Analytics for commercial purposes.
  • You must credit Soccermetrics Research and include links to the Soccermetrics Research website when You present results from Soccermetrics Research’s web services in public.
  • We present these web services “as is” and You use Soccermetrics API and Data and Analytics at Your own risk.
  • In general, don’t be a jerk with our API, and We won’t be a jerk with You.
  • Your feedback is greatly appreciated as we make our web services better.

Definitions

  • API: The application programming interface that supports requests for web services made of it by computer programs.
  • Soccermetrics or We: The company named Soccermetrics Research, LLC, a Georgia limited liability company.
  • Soccermetrics Data and Analytics: Any data or processed information made available to You by Soccermetrics Research through the API.
  • Service: The collection of web-based services offered by Soccermetrics, including but not limited to the API and Soccermetrics Data and Analytics.
  • Soccermetrics Site: Soccermetrics Research’s website and all related properties, the main URL of which is located at www.soccermetrics.net.
  • Term: The duration of this Agreement which shall start on the date that Soccermetrics Research provides you with an API key pursuant to the Conditions of Use clause (evidenced by Soccermetrics Research API management logs) and shall continue unless and until terminated in accordance with Term and Termination clause.
  • User(s) or You: A user of the Soccermetrics Site and services.
  • Account: A User account obtained at the Developer Portal to access the Soccermetrics API.
  • Application: A computer software program to perform useful tasks beyond the running of the computer itself, using either a desktop computer, web browser, mobile device, tablet computer, or other device as a client.

Conditions of Use

  • Your access to and use of the API and Soccermetrics Data and Analytics is subject to the terms of this Agreement, the Soccermetrics Site Terms of Use as posted on the Soccermetrics Site at http://www.soccermetrics.net/terms-and-conditions and updated from time to time and the Soccermetrics Privacy Policy as posted on the Soccermetrics Site at http://www.soccermetrics.net/privacy-policy and updated from time to time, each of which is incorporated into this Agreement by reference.
  • You must be a registered User to have access to, retrieve, and use the Soccermetrics Data and Analytics.
  • During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Soccermetrics Research reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
  • You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Soccermetrics of any unauthorized use of your Soccermetrics API Account.
  • You agree to use Soccermetrics Research’s web services only as documented on the following pages: http://soccermetrics.github.io/fmrd-summary-api, http://soccermetrics.3scale.net. You may only use the API in conjunction with the most recent user authentication key provided to You by Soccermetrics. You must not gather any other data from Soccermetrics in any other way.
  • You agree to use your Account in association with exactly one Application.
  • Soccermetrics may use technical measures to track Your use of the Soccermetrics Data and Analytics for the purposes of support and ensuring compliance with this Agreement.

Ownership

  • The Soccermetrics APIs and Data and Analytics are protected by copyright, trademark, and other laws of the United States and foreign countries.
  • Except as expressly provided in the Agreement, Soccermetrics and its licensors exclusively own all right, title and interest in and to the Soccermetrics APIs and Data and Analytics, including all associated intellectual property rights.
  • You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Soccermetrics APIs and Data and Analytics.

Use of the Soccermetrics API

  • You are permitted to use the Soccermetrics Data and Analytics solely for non- commercial purposes and for no other purpose and subject always to any limitations or conditions as advised to You by Soccermetrics at any time. If you are unsure whether your use of the Soccermetrics Data and Analytics constitutes non-commercial or commercial use, you should contact us.
  • Any use by You of the Soccermetrics Data and Analytics for commercial purposes constitutes a material breach of this Agreement which shall entitle Soccermetrics to terminate your use of the Soccermetrics Data and Analytics immediately. Any such termination shall be without prejudice to any rights and remedies of Soccermetrics, including the right to claim for damages against You.

License to use the Soccermetrics API

  • Subject to your compliance with the terms and conditions of these Terms of Service, Soccermetrics grants you a limited, non-exclusive, non-transferable license to:

    • copy the Soccermetrics Data and Analytics;
    • edit, modify, adapt, or translate the Soccermetrics Data and Analytics to create a derivative work (“Derivative Work”);
    • incorporate the Soccermetrics Data and Analytics in its entirety in unmodified form along with a number of other separate and independent works, assembled into a collective whole (a “Collective Work”); and
    • publish, distribute, or otherwise communicate the Soccermetrics Data and Analytics or the Soccermetrics Data and Analytics as incorporated in any Derivative Work or Collective Work to the public in any material form in any media now known.

  • The license granted is conditional upon You:

    • Making reference to the license granted by Soccermetrics (appropriate to the media used) on all copies of the Soccermetrics Data and Analytics, Derivative Works and/or Collective Works published, distributed or otherwise communicated or made available to the public by You;
    • Crediting Soccermetrics where You have used Soccermetrics Data and Analytics or created a Derivative Work and/or Collective Work that you publish, distribute or otherwise communicate to the public.

  • No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Soccermetrics or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

  • The license granted is subject to the following restrictions:

    • You must not impose any terms on the use to be made of the Soccermetrics Data and Analytics, a Derivative Work or a Collective Work that alters or restricts the terms of the license granted to You under this Agreement or which has the effect or intent of restricting the ability to exercise those rights;
    • You must not impose or apply any digital rights management technology to or on the Soccermetrics Data and Analytics or the Soccermetrics Data and Analytics as incorporated in a Derivative Work or Collective Work that alters or restricts the terms of the license or any rights granted under it, or has the effect or intent of restricting the ability to exercise those rights;
    • You must not sub-license the Soccermetrics Data and Analytics to a third party;
    • You must not subject the Soccermetrics Data and Analytics to any derogatory treatment, including (but not limited to) distortion or mutilation of the Soccermetrics Data and Analytics or treatment that is prejudicial (in Soccermetrics’ opinion) to the reputation of Soccermetrics.

Feedback

  • We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Soccermetrics API (“Feedback”). You may submit Feedback by emailing us at api-support@soccermetrics.net or submitting a comment on the Forum of the Soccermetrics API Developer Portal (http://soccermetrics.3scale.net/forum).
  • You acknowledge and agree that all Feedback will be the sole and exclusive property of Soccermetrics and you hereby irrevocably assign to Soccermetrics and agree to irrevocably assign to Soccermetrics all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
  • At Soccermetrics’ request and expense, you will execute documents and take such further acts as Soccermetrics may reasonably request to assist Soccermetrics to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Beta Testing Terms

  • From time to time, Soccermetrics may offer a test (beta) version of a Service to a limited group of users for evaluation purposes (a “Beta Service”). The Beta Service is offered to you on the terms set forth in this Agreement and in this section.

  • THE BETA SERVICE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON PERFORMANCE AND IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS. It is expressly understood that you shall, regardless of whether or not formally requested to do so, provide Feedback subject to the terms herein.

  • Unless terminated earlier pursuant to the Termination and Account Cancellation or other terms set forth herein, your license to the Beta Service will automatically expire, and Soccermetrics may automatically and without notice deactivate your access to such Beta Service, on the earliest to occur of the following:

    • after Soccermetrics makes available an updated beta version of the Beta Service (as announced on our website or via email to you), unless you promptly upgrade to such updated beta version;
    • the first day Soccermetrics makes available a production version of the Beta Service (as announced on our website or via email to you); or
    • six months after the date you first receive access to the Beta Service or any update thereto.

Warranties and Indemnity

  • You warrant and represent to Soccermetrics that:

    • You have the authority to enter into this Agreement on Your own behalf or on behalf of any company or other legal entity by which You are employed and that wishes to use the Soccermetrics Data and Analytics;
    • You will not use the Soccermetrics Data and Analytics for any purpose that is fraudulent, misleading or illegal or otherwise than is permitted by this Agreement;
    • You will not access, tamper with, or use non-public areas of the Soccermetrics Site, its API, or technical delivery system of Soccermetrics’ providers and partners;
    • You will not attempt to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Soccermetrics or any of Soccermetrics’ providers or any other third party (including another user) to protect the Soccermetrics Site, its API, or Data and Analytics;
    • You will not use any meta tags or other hidden text or metadata utilizing a Soccermetrics trademark, logo URL or product name without Soccermetrics’ express written consent;
    • You will not use the Sites, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
    • You will not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, or spamming the Sites;
    • You will not impersonate or misrepresent your affiliation with any person or entity;
    • You will not violate any applicable law or regulation; or
    • You will not encourage or enable any other individual to do any of the foregoing.

  • You agree to defend, indemnify, and hold Soccermetrics, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Soccermetrics API or Soccermetrics Data and Analytics, or your violation of these Terms of Service.

Limitation of Liability

  • YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE API AND SOCCERMETRICS DATA AND ANALYTICS REMAINS WITH YOU.
  • NEITHER SOCCERMETRICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE API OR SOCCERMETRICS DATA AND ANALYTICS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE API OR SOCCERMETRICS DATA AND ANALYTICS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOCCERMETRICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  • YOU SPECIFICALLY ACKNOWLEDGE THAT SOCCERMETRICS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SOCCERMETRICS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
  • IN NO EVENT WILL SOCCERMETRICS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOCCERMETRICS AND YOU.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Publicity

  • Soccermetrics may, at any time in its sole discretion, prepare and issue press releases, statements, and promotional and other materials mentioning and/or describing Your use of the Soccermetrics Data and Analytics and identifying You as the developer and otherwise describing the relationship between You and Soccermetrics.
  • You are not permitted to issue any publicity in connection with Your use of the Soccermetrics Data and Analytics without the prior written consent of Soccermetrics.

Term and Termination

  • This Agreement shall continue on an ongoing basis during the Term, subject to any earlier termination.
  • You may terminate this Agreement at any time by cancelling your service at the API Developer Portal at http://soccermetrics.3scale.net.
  • You acknowledge and agree that Soccermetrics may at any time in its sole discretion, without liability and with or without cause terminate this Agreement and/or terminate, restrict, block, disable or suspend Your access to the Soccermetrics API or the Soccermetrics Data and Analytics or any portion or feature of any of them.
  • Nevertheless, it is the policy of Soccermetrics to inform You of any reason for terminating or restricting Your access to the Soccermetrics API or the Soccermetrics Data and Analytics.

General

  • Soccermetrics reserves its right to amend this Agreement or any other document referenced in this Agreement at any time in its sole discretion by sending a new or amended version of this Agreement to You by email and by posting new or updated Soccermetrics Site Terms of Use and/or the Privacy Policy on the Soccermetrics Site.
  • Nothing in this Agreement shall be construed as constituting a partnership, joint venture or relationship of employer and employee between the parties.
  • This Agreement (and any other document incorporated into this Agreement by reference) sets out the entire agreement and understanding between You and Soccermetrics and supersedes all previous agreements, representations and arrangements between You and Soccermetrics (either oral or written). Nothing in this Clause shall limit or exclude any liability for fraudulent misrepresentation.
  • You may not assign or transfer the terms of this Agreement, by operation of law or otherwise, without Soccermetrics’ prior written consent. Any attempt by you to assign or transfer the terms of this Agreement, without such consent, will be null and of no effect. Soccermetrics may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
  • This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns.
  • Each of Soccermetrics’ affiliates are express and intended third party beneficiaries of this Agreement and may enforce any of its terms and exercise any of the rights to the same extent as Soccermetrics.
  • Third party advertisers, technology providers and service providers are express and intended third-party beneficiaries of the License terms and are entitled to directly enforce their rights hereunder.
  • This Agreement shall be governed by the laws of the State of Georgia and the parties agree to submit to the exclusive jurisdiction of the federal and state courts located in the Northern District of Georgia.
  • The failure of Soccermetrics to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Soccermetrics. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.