Terms And Conditions

Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY
1. By accessing and using the Website and Services (as defined below), you agree to the terms of these terms and conditions (this "agreement") which will bind you. If you do not agree to the terms of this agreement, you must not use the Website and will not be able to access the Services.
2. Where a capitalised term is used in this agreement and not defined in clauses 1-19, it shall have the meaning given to it in clause 20.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
1. We are BoxRec Limited, a company incorporated in England and Wales ("BoxRec", "we", "us", "our").
2. This agreement is made between us and you ("you", "your").
3. Please note that these terms are applicable to individual consumers only. Separate terms apply to business users. You are a business user if you are using the Website or Services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
4. Under this agreement, we grant you access to https://boxrec.com/ (the "Website") and, depending on your selection, the following services:
  1. a free account service to access the Website;
  2. a paid subscription service with the features described on the registration page and on your account page, which may include the Messaging Service ("Subscription Service");
  3. one or more forums for interacting with other users (the "Forums"); and/or
  4. a private messaging service for communicating privately with other users (the "Messaging Service"), (together, the "Services").
5. The consumer Privacy Policy also applies to your use of the Website and Services.
AGE RESTRICTIONS
1. You must be at least 18 years old to access the Services and to accept this agreement.
SUPPORT AND CONTACTING US
1. If you experience any problems with the Website or Services or wish to contact us for any other reason, please email our customer service team at [email protected].
2. If we have to contact you we will do so by email, using the contact details you provided when signing up for your account.
LICENCE AND RESTRICTIONS
1. In return for your agreeing to comply with this agreement (during the registration process) and the payment by you of any applicable Fees, you may access and use the Services via the Website for the Subscription Period in accordance with the Permitted Purpose and the restrictions set out in this agreement.
2. You agree that you will:
  1. only use the Website and Services for the Permitted Purpose;
  2. comply with the documentation and guidance provided in the BoxRec Support Pages at https://boxrec.com/en/support ("Documentation") and other reasonable instructions of BoxRec;
  3. comply with the Content Standards;
  4. not rent, lease, sub-license, loan, provide, or otherwise make available, the Website or Services in any form, in whole or in part to any person without prior written consent from us;
  5. not copy the Website, Services or Documentation, except as part of the normal use of the Website;
  6. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Website, Services or Documentation nor permit the Website or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Website as permitted in this agreement;
  7. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website nor attempt to do any such things;
  8. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Website;
  9. not transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or Services;
  10. not collect or harvest any information or data from the Website or Services or attempt to decipher any transmissions to or from the servers hosting the Website; and
  11. not access without BoxRec's authority, interfere with, or damage, or attempt the same, any part of the Website or Services or any underlying software, equipment or network used in the provision of the Website or Services.
3. It is your responsibility to keep your account secure. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected].
YOUR OTHER OBLIGATIONS
1. You shall:
  1. comply with all applicable laws with respect to your obligations under this agreement;
  2. obtain and shall maintain all necessary licences, clearances, consents, approvals and permissions necessary for: (i) you to use the Website and Services (including in respect of all of Your Content which you upload thereon) and perform your obligations under this agreement; and (ii) the use by BoxRec of Your Content in the performance of our obligations and exercise of our rights under this agreement, including the provision of the Services;
  3. be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to the Website, and BoxRec shall not be liable for any problems, conditions, delays, delivery failures or any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet; and
  4. at all times act in good faith towards BoxRec and not make any defamatory or derogatory statements about, or take part in any activities in any manner which might be considered to be, derogatory or detrimental to the reputation of BoxRec.
CONTENT STANDARDS
1. The content standards set out in this clause 7 (the "Content Standards") apply to any and all of Your Content which you contribute to our Website (including through the Forums and in messages sent through the Messaging Service) and you agree to comply with them. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of Your Content as well as to Your Content as a whole.
2. BoxRec will determine, in its discretion, whether Your Content breaches the Content Standards and reserves the right to remove Your Content without notice where it determines that they breach the Content Standards. We also have the right to disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of their intellectual property rights or of their right to privacy.
3. Your Content must:
  1. Be accurate (where they state facts).
  2. Be genuinely held (where they state opinions).
  3. Comply with applicable laws.
4. Your Content must not:
  1. Be defamatory of any person.
  2. Be obscene, offensive, hateful or inflammatory.
  3. Bully, insult, intimidate or humiliate.
  4. Promote sexually explicit material or include child sexual abuse material.
  5. Promote violence.
  6. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  7. Infringe any copyright, database right, trade mark, or other intellectual property of any other person.
  8. Be likely to deceive any person.
  9. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  10. Promote any illegal content or activity.
  11. Be in contempt of court.
  12. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  13. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  14. Impersonate any person or misrepresent your identity or affiliation with any person.
  15. Give the impression that Your Content emanates from BoxRec or any other person (where that is not the case).
  16. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  17. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  18. Contain any advertising or promote any services or web links to other sites or apps.
5. You warrant that any and all of Your Content does comply with the Content Standards, and you are liable to us. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
6. Your Content and Profile Data will be considered non-confidential and non-proprietary. You retain all of your ownership rights in Your Content, but you are required to grant us and other users of our Website and the Services a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the Intellectual Property Rights section of this agreement.
7. You are solely responsible for securing and backing up Your Content.
8. The Website will include information and materials uploaded by other users of the Website, including to Forum pages. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
9. If you believe that Your Content (or any third party content you view on the Website) breaches the Content Standards, you should notify us at [email protected], providing as much detail as possible to assist us in identifying the infringing content.
INTELLECTUAL PROPERTY RIGHTS
1. BoxRec owns and shall retain ownership of all Intellectual Property Rights in and to the Website, Services and the Documentation (including the Profile Data) and any and all data and know-how obtained or developed in connection with the provision of the Website and the Services, including any feedback/comments provided by you or on your behalf in relation to the Website and the Services. You hereby acknowledge that you do not, other than as expressly stated in this agreement, obtain or claim any right, title or interest in or to (including any right to use) the Website (including the Profile Data) or such data, know-how or feedback/comments. You hereby assign all right and title in any Profile Data you provide to BoxRec.
2. As between the parties, you own and shall retain ownership of all Intellectual Property Rights in and to Your Content and you hereby grant to BoxRec:
  1. a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the Website and the Services and across different media including to promote the Website and Services forever; and
  2. a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use Your Content in accordance with the functionality of the Website forever.
3. You warrant that you have all necessary rights, licences and consents to upload Your Content and any Profile Data you provide to the Website and that Your Content and any Profile Data you provide (and their use by BoxRec and other third parties in accordance with this agreement) do not and will not infringe the rights (including Intellectual Property Rights) of any third party.
YOUR USE OF MATERIALS ON THIS WEBSITE
1. We are the owner or the licensee of all Intellectual Property Rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except for Your Content or where the content is user-generated).
5. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
6. If you print off, copy, download, share or repost any part of the Website in breach of this agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):
  1. Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same (including the Profile Data).
  2. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
8. The provisions in clause 9.7 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
9. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
FEES AND PAYMENT
1. The Fees for access to the Subscription Service will be charged at the rate specified by BoxRec when you subscribed, and as may be updated from time to time in accordance with this agreement.
2. The Fees will be charged to your Payment Method on the first date of each Subscription Period. You authorise us (via an authorised third party) to charge the Payment Method to pay the applicable Fees. You acknowledge that we will use a third party payment processing provider and you agree to comply with any additional third party terms that apply in respect of your payment of the Fees.
3. If you fail to pay any portion of the Fees by the applicable due date, BoxRec may (without prejudice to any other rights and remedies available to it):
  1. suspend provision of the applicable Services until the relevant Fees are paid; and/or
  2. charge interest on the unpaid amount (after as well as before any judgment) from the due date until payment is received (both dates inclusive) at the rate of 4% above the base rate of Barclays Bank plc from time to time, such interest to be calculated on a daily basis and payable on demand.
4. All amounts payable by you pursuant to this agreement shall be made without any deduction, withholding, counter-claim or set off.
5. BoxRec may amend the Fees at the end of your current Subscription Period by giving you at least 30 days notice. You will have the right to cancel your account before any changes apply.
RIGHT TO CANCEL
1. You have a legal right to change your mind about your purchase of Services and receive a refund of what you paid for it, subject to the conditions set out in this section.
2. The deadline for changing your mind is 14 days after the commencement of your Subscription Period. If you wish to cancel, you must let us know in this time by contacting our customer service team at [email protected].
3. We will refund you to the Payment Method as soon as possible and within 14 days of you telling us you've changed your mind. You have to pay for any services you received before you change your mind. This means we will not refund you for the period between the start of your Subscription Period and the date you notify us that you wish to cancel.
CHANGES TO THE WEBSITE
1. From time to time we may update the Website and Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues or other business needs.
CHANGES TO THIS AGREEMENT
1. We may need to change this agreement to reflect changes in law or best practice, to deal with additional features which we introduce, or other business changes.
2. We will give you notice of any change along with details of the change.
3. If you continue to use the Website and/or Services after the changes take effect, you will be deemed to have accepted the changes. If you do not accept the notified changes you will not be permitted to continue to use the Website and, if you use the Subscription Services, your access will terminate at the end of your then-current Subscription Period and no further Fees will be charged.
CONFIDENTIALITY
1. In this clause, "Confidential Information" means any information that is clearly labelled or identified as confidential or ought to reasonably be treated as being confidential such as certain communications between us (for the avoidance of doubt, this does not include Profile Data). Confidential Information excludes any information which:
  1. is or becomes publicly known other than through a breach of this agreement;
  2. was in the receiving party's lawful possession before the disclosure;
  3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
  4. is independently developed by the receiving party and that independent development can be shown by written evidence; or
  5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
2. You will keep our Confidential Information in confidence and not make our Confidential Information available to any third party unless that third party is subject to an equivalent duty of confidentiality. Further, you agree you will use not the other party's Confidential Information for any purpose other than the implementation of this agreement (including to access the Services).
DATA PROTECTION
1. How we use any personal data you give us is set out in our consumer Privacy Policy.
2. You warrant that your provision of any personal data to BoxRec in connection with this agreement is made in compliance with all applicable laws and the processing and use of such personal data by BoxRec as envisaged under this agreement shall not cause BoxRec to breach any applicable law or infringe the rights of any third party. You further warrant that where you provide the personal data of any other person, you have all necessary authority and permission to provide it to BoxRec and that you have informed such person that their personal data will be used for these purposes by third parties including BoxRec.
SUSPENDING OR ENDING ACCESS TO THE SERVICES
1. We may terminate this agreement and your use of any of the Services with immediate effect by giving you notice in writing if you:
  1. commit any material breach of this agreement, which, if capable of remedy, is not remedied within 14 days of written notice from BoxRec;
  2. persistently and/or repeatedly breach any of the terms of this agreement (including infringing the Content Standards); or
  3. you are the subject of a bankruptcy petition, application or order.
2. We may also terminate this agreement and your use of the Services at any time without cause with immediate effect. We may do this if we are closing the Website entirely, for example.
3. We may also suspend your right of access to the Platform in the event of any of the events in clause 16.1 occur. If we do this, we will reinstate your access once the issue has been remedied.
4. Upon expiry or termination of this agreement for any reason you shall: (i) immediately cease to be entitled to use the applicable Services; and (ii) within 30 days after the date of termination pay all outstanding Fees due to BoxRec.
5. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
6. Termination of this agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of this agreement which existed at or before the date of termination.
ENDING ACCESS TO THE SUBSCRIPTION SERVICE
1. This clause 17 applies where you have subscribed to the Subscription Service only, in addition to all other terms of this agreement.
2. Your access to the Subscription Service will apply for the duration of your Subscription Period. Your Subscription Period will automatically renew upon expiry. If you do not want to renew, you must cancel your subscription on your account page and your access to the Subscription Service will end on the expiry of your Subscription Period. You may cancel your subscription at any time, but such cancellation will only take effect at the end of your then-current Subscription Period. If you cease using the Subscription Service within your Subscription Period, you will not be entitled to a refund for any unused period of time.
3. If we terminate your access to the Subscription Service in accordance with clause 16.2, we will refund you any prepaid Fees up to the effective date of termination.
LIMITATION OF LIABILITY
1. You hereby acknowledge that complex software is never wholly free from defects, errors and bugs and relies on the availability of third-party services. Among other things, the operation and availability of the systems used for accessing the Website and Services, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Website or the Services. Subject to the express provisions of this agreement, the Website and Services are provided on an "as is" basis and BoxRec gives no warranty that the Website or Services will be uninterrupted or wholly free from defects, errors and bugs or that the information obtained by you will meet any particular requirements or be accurate.
2. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
3. Nothing in this agreement shall operate to exclude, limit or restrict either party's liability for death or personal injury resulting from negligence or any fraud or fraudulent misrepresentation.
4. We are responsible for losses you suffer caused by us breaking this agreement unless the loss is:
  1. Unexpected, meaning it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  2. Caused by a delaying event outside our control, meaning that as long as we have taken the steps set out in clause 19.3, we are not responsible for delays outside our control.
  3. Avoidable, meaning something you could have avoided by taking reasonable action.
  4. A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in our liability to business users below.
5. Forum. By registering for an account with BoxRec you are also registering for the Forums. Our forums are powered by phpBB which is a bulletin board solution released under the "GNU General Public License v2" and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions; phpBB Limited is not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: https://www.phpbb.com/.
GENERAL
1. This agreement (and any documents referred to herein) constitutes the whole agreement between you and BoxRec and any other terms, conditions, performance criteria, guarantees or prior representations whatsoever (whether written or oral) shall be of no effect unless expressly incorporated herein. Each party acknowledges that it has not entered into this agreement in reliance on any statement or representation of the other party except to the extent that such statement or representation has been incorporated in this agreement. Nothing in this agreement shall limit or exclude either party's liability for fraud or fraudulent misrepresentation.
2. This agreement shall not operate so as to create a partnership or joint venture of any kind between the parties. Nothing contained in this agreement shall be so construed as to constitute either party to be the agent of the other. Neither party shall have any authority to make any commitments on the other party's behalf.
3. We shall not be liable for any failure to fulfil any of our obligations under this agreement insofar as such failure is due to a Force Majeure Event. In such circumstances, we shall notify you, and shall: (a) use all reasonable endeavours to overcome the Force Majeure Event; and (b) resume the performance of our obligations upon cessation of the Force Majeure Event. If we are prevented or materially hindered from satisfying a deadline as a result of a Force Majeure Event, such deadline shall be extended by the duration of the Force Majeure Event. If the Subscription Service is inaccessible for a period of more than 30 consecutive days due to a Force Majeure Event, you may terminate this agreement and we shall refund you any prepaid portion of the Fees relating to the remainder of your Subscription Period.
4. If any provision of this agreement (or any part thereof) is held to be illegal, void, invalid or unenforceable, the validity and enforceability of the remainder of this agreement in that jurisdiction shall not be affected.
5. No failure to exercise by BoxRec, nor any delay in the exercise by BoxRec, of any right, power, privilege or remedy under this agreement shall impair, or operate as a waiver of, such right, power, privilege or remedy.
6. The parties agree that a person who is not a party to this agreement has no right under The Contracts (Rights of Third Parties) Act 1999 ("Third Parties Act") to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Third Parties Act.
7. This agreement and any non-contractual obligations connected to it shall be governed by English Law. You can bring claims against us in the courts of England and Wales and if you live elsewhere, you may also be able to bring claims against us in the courts of the country you live in (subject to local applicable laws). We can also claim against you in the courts of the country you live in.
DEFINITIONS AND INTERPRETATION
1. In this agreement, the following terms shall have the following meanings:
  
  Content Standards means the content standards set out in clause 7;
  
  Fees means the fees payable for the Subscription Service specified on the registration page when you signed up or as otherwise notified by BoxRec from time to time;
  
  Force Majeure Event means all events beyond the control of the affected party including war, hostilities, invasion, riot, civil commotion, royal bereavement, strikes, compliance with any governmental (or other competent authority) order, rule, regulation or direction, lock-outs, epidemic, pandemic (including COVID-19), limitations on third party infrastructure (including cloud storage), failure of a utility service or telecommunications network, fire, flood, storm or other natural catastrophe;
  
  Intellectual Property Rights means any current and future intellectual property rights, including: (a) copyrights, trademarks, trade names, domain names, rights in logos and get-up, inventions, confidential information, trade secrets and know-how including commercial know-how, design rights, patents, utility models, semi-conductor topographies, all rights of whatsoever nature in computer software and data, rights in databases, privacy rights; (b) all intangible rights and privileges of a nature similar, analogous or allied to any of rights listed in (a); and (c) in every case in any part of the world and whether or not registered, including in relation to any of rights listed in (a) and (b): (i) all granted registrations and all applications for registration; (ii) all renewals, reversions or extensions; (iii) the right to sue for damages for past infringement; and (iv) all forms of protection of a similar nature which may subsist anywhere in the world;
  
  Payment Method means the method of payment you provide to BoxRec;
  
  Permitted Purpose means the viewing of content on the Website, editing profiles in accordance with the features provided, interacting with the Forums, and sending messages;
  
  Profile Data means information that appears on an athlete profile or wiki page, or results record or similar on the Website including audio-visual material;
  
  Subscription Period means each month, commencing on the date you sign up for the Subscription Service; and
  
  Your Content means all audio-visual material, data, content, documents and other materials in any form (whether owned by you or a third party), which are provided by or on behalf of you to BoxRec in connection with the Forums or Messaging Service or which are otherwise uploaded or incorporated by you or on your behalf into the Website, excluding the Profile Data.
2. The parties agree that:
  1. clause headings used in this agreement are inserted for ease of reference only and shall not affect construction;
  2. references to the word include or including (or any similar term) are not to be construed as implying any limitation; and
  3. references to statutory provisions or enactments shall include references to any amendment, modification, extension, consolidation, replacement or re-enactment of any such provision or enactment