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Terms and Conditions

Terms of Service Agreement between Hutton Road Ltd trading as Sportistars and users (‘You/User/Your’) and stars (‘Athletes/Stars/Talent’) using the Sportistars website (‘website’ ‘site’).

Other websites or social media platforms on which we have a presence are referred to as related sites.

Your use of the website is subject to the following legally binding terms of service. Please read them carefully before entering the site. You cannot enter this site if you do not accept these terms of service.

These terms are the entire agreement between the company and you with respect to the use of the site, related sites and the services offered through the site including but not limited to experiences and video messages.

All prior representations and understandings, whether written or oral, are excluded.

You must comply with all policies and procedures as published by the company on the site from time to time.

Website Terms of Service

You may only use the website for the genuine and proper purposes. This agreement must be read in conjunction with the Privacy Policy.

The website is wholly owned and operated by Hutton Road Limited under the trading name Sportistars and this agreement may be revised by Sportistars from time to time.

Account Information and Access

You warrant that all information provided by you to us in relation to your account is true and correct.

There is no charge for you to create an account on our site. After you have created an account, your account will become active. Once your account is active, you will then have full use and enjoyment of the site. By signing up for an account all athletes agree to record an example introductory video announcing you have joined Team Sportistars so that we can confirm that you are you.

Athletes further agree that Sportistars can then use this unpaid video content for promotional and marketing purposes both on this site and with our third party suppliers.

By creating an account, you consent to receive electronic communications from us. These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided.

Security

You are responsible for protecting your login details.

Anyone who shares their login details with a person authorised by them are responsible for the actions of that person in their access and use of the site.
You must notify us immediately if there is any unauthorised usage of your account.

Purchases on Website

Pricing for the videos, experiences and social posts are listed on our site on each individual sport stars profile page.

Video team talks, advice, and tips are made at the discretion of the talent in their own words. Sportistars takes no responsibility for any injuries or loss financial or otherwise, from any provided tips, workouts or advice from any stars on our site. No refunds will be provided. Please ensure you supply the information at the time of order or email:-orders@sportistars.com with any updates along with your order number.

Sports stars may not include all the information you give them and can pick and choose what to say so they can make the most interesting video for you. Videos will vary in length with anything from 15 seconds to 5 minutes and will be recorded on smartphones, tablets or home computers. Quality may vary depending on the connection and device the star has access to at the time of recording.

Videos cannot be used for any commercial purposes and are for private use only.

Talent has sole discretion on whether to accept or decline any orders made through our site.

Discount Codes

Please note any discount code offered to the market by us is for specific experiences selected by Sportistars. Not all experiences are eligible for discounting. Our suppliers have the right and discretion to opt in and out of discounting during promotional periods. There will be no discounts for Premium experiences.

Payments

Purchases must be paid via credit card or debit card only.

Please note that payment transactions are not processed by us, nor do we collect, hold or receive your payment information. Our payment processor is Stripe. As we do not handle the processing of your credit or debit card purchase, you must notify any payment discrepancies to Stripe

You agree that we are not responsible for any delay, failure, damage, or liability caused by our payment provider, any other third party or a force majeure.

You acknowledge and agree that Sportistars does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. We may also change our third party payment provider at anytime.

Fees

FOR FANS – All rates for an athlete’s services can be found on each individual athlete’s profile or will be agreed with the athlete via the site for bespoke experiences. Sportistars reserves the right to modify its rates at any time and/or to offer special promotions. Athletes set their own price for the products or services offered for sale through the Platform (eg: Experiences, Videos or Social media posts).

Fees exclude any service, transaction, or processing fees.

We offer services on a pay per service basis. We do not issue refunds for billed services. Prices may change at any time, and price protection or refunds in the event of a price reduction or promotion will not be offered. If a technical problem arises affecting application usage the sole remedy is a refund of the price paid.

Sportistars will automatically make a donation of up to 10% from every transaction on your behalf to our nominated charities

FOR ATHLETES – Sportistars will automatically add 20% to your fees on the Platform. For example, if you set your fee for a product at £20, the customer will see and pay £24.

Payments via our payment provider are in Sterling GBP unless the payment provider permits you to choose another currency and you do so.

Use of the Services

You must not:

  • make the services available to anyone else;
  • sell, resell, rent or lease access to the services;
  • use the services to store or transmit infringing, defamatory, or otherwise unlawful, discriminatory material, or to store or transmit material in violation of third party privacy rights;
  • use the services to store or transmit harmful code;
  • use a false email address, impersonate others, misrepresent your affiliation with others or misrepresent yourself;
  • use the website in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, racist, unprofessional, offensive, misleading, illegal or defamatory
  • interfere with or disrupt the integrity or performance of the services or any third-party applications; or
  • attempt to gain unauthorised access to our related systems or networks. You may not access the services to monitor their availability, performance or functionality unless the reason for your doing so is to assess them for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.

User and User Submitted Content

The Site and Related Sites may contain information or material posted by you (Submitted Content).

We are a publisher only and are not responsible for the content, accuracy or completeness of this information.

Anyone who submits content to the site and/or related sites:

  • agrees that the content will be treated by us as not being confidential;
  • grants to us a worldwide royalty free, non-exclusive, fully paid, unlimited, universal, perpetual, and irrevocable non-transferable licence in any and all manner and media, to use, host and publish the content, in connection with providing the services to you, in addition agree  our use of content for promotional and advertising purposes in which you grant us the same rights and you further agree that no fee will be payable for content used for advertising and promotional purposes by Sportistars;
  • promises and represent and warrant that in their Submitted Content (including but not limited to videos and photographs) they own all rights in and to your Intellectual Property and that you have the right to grant the rights and that you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Intellectual Property by us, customers, or third parties; is owned by them or they have authorisation from the owner to submit that content;
  • must not submit any Content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined by us to be in breach of this condition may be removed from the Website by us without notice to you).

Users acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate on our site or submit any Intellectual Property does not place us in a position that is any different from the position held by members of the general public, including with regard to your Intellectual Property.

Users agree that Intellectual Property may, in our sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials.
All videos recorded or submitted to our site by users are thereon owned by Sportistars. No one can sell or make money from any videos submitted to or through the site without the express agreement and permission of Sportistars.
The fee that a fan pays to request a video is a licence to view and share that video, the ownership belongs to Sportistars.

Users agree to waive all moral rights in the content that you provide (and ensure that you obtain all moral rights waivers in relation to all the content that you provide).
Any users of our website that are abusive, illegal, obscene, indecent, defamatory, incite racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined by us to be in breach of this condition may be removed from the site and or release sites by us without notice to you and may be reported to the appropriate authorities including police).

Social

Sportistars grants you the limited, revocable permission, subject to the restrictions in this Agreement, to engage in the following personal uses of content and received services that including the ability to share content with others (“Social Sharing”): (a) sending content to friends or acquaintances or posting and displaying a copy of content on a personal, non-commercial website, provided that you do not charge for access to the content or associate those content with advertising; or (b) posting and displaying a copy of the content on a third-party website that permits users to post content, so long as the posting is allowed pursuant to the third-party website’s terms and conditions and policies, and provided that the third-party website does not charge for access to those materials or associate those materials with products, services or advertising.
If you share content socially you agree not to post any performance claims about Sportistars or that you are affiliated in any way or Sportistars approves of your social sharing.

Except as otherwise permitted by this Agreement, you may not make any use of or licence, distribute, reproduce, or otherwise exploit any part of the content.

Sportistars reserves the right to, revoke permission for sharing at any time and for any reason, and you agree to immediately cease upon notice of revocation and to comply with any terms we post.
If you purchase content commercially you are subject to our commercial restrictions which includes a limited licence of usage and platforms.

You may choose, at your sole and absolute discretion and risk, to use applications or other functionality that enable interactions between Sportistars, and a third-party website or online service (each, an “Application”), such as linking your profile with a third-party website or enabling you to “like” or “share” content on other websites.

Such Applications may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you and (iii) your use of an Application is at your own option and risk, and you will hold Sportistars harmless for the sharing of information relating to your accounts that results from your use of an Application. You agree to read all log-in boxes and other pop-up boxes closely for notices about sharing your account information.
Talent reserves the right to refuse to make an Instagram post for any reason and where they feel a post is linked to an account they deem offensive, fraudulent, obscene, racist, unprofessional, offensive, misleading, illegal or defamatory they can unlike/unfollow and remove any previously published comment(s) at anytime.

Experiences Additional Terms

The experience is only valid on the date chosen and agreed with talent in advance.

If a substitute date is required it must be agreed with talent at least a week in advance by contacting us on info@sportistars.com.

Talent reserves the right to accept or decline any experience requests they are given for any reason.

Experience cannot be resold.

An identification check will be required prior to or on the day of the experience. Please ensure you are able to provide valid photo identification this will be subject to a small additional handling fee of £6 for online verification.

In the event of an unforeseen circumstance and the experience supplier cannot fulfil the experience a full credit will be offered back to the purchaser, if a refund is requested, this will be at our discretion.

Talent funds will be released after event.

Any participant under the age of 16 years must be accompanied by a parent or legal guardian.
Experiences are usually carried out in areas near to where the athletes are located. Anything over 10 miles will attract travel costs to be agreed with talent in advance.

Experiences can be utilised for anywhere in the UK, but all travel costs (accommodation, meals, transport) are to be paid by the purchaser in addition to the experience fee.
Sportistars expects all fans to conduct themselves appropriately during the experience. If the athlete believes that you and/or your guests are not conducting yourselves appropriately, they are entitled to end the experience at anytime with no refund.
Anyone involved in purchasing or using this experience agree to our website Terms and Privacy policy. They also agree that any venue or place they are planning to use as part of their experience with talent has sufficient public indemnity insurance in place.

Talent onboarding

We may take up to a week to vet any talent to come on to our platform.

As we perform a number of quality checks, as deemed appropriate by Sportistars, before any talent is accepted on our platform. We retain sole discretion about what talent is accepted on our platform. Talent and/or their management agree that you will have no claim whatsoever against Sportistars if we do not accept you on to our platform due to our vetting, checks or for any other reason.
We may not always be able to give reasons for why talent is not accepted on to our site but will always strive to do so.

Charity & Donations

Athletes showcase good causes they support on their individual profile pages. From time to time, talent may say all or part of their fees will be directed to specific charities.

Sportistars is not responsible for verifying any charity or if any funds are sent to those charities by the talent.
Athletes confirm they will be wholly responsible for making all such claimed payments and will abide by all charity law.

They further agree they have got all required permissions to use and upload each individual charity logo on their profile page.

Sportistars will donate up to 10% from every transaction on the website to nominated charities. Apart from premium experiences where donations will be less.

Billing

You must notify us by e-mail of any disputed charges or incorrect payment amounts. Sportistars will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. If you fail to notify Sportistars of a billing dispute within 30 days, you will waive all rights to bring any claim. Any notices of claim should be sent to billing@sportistars.com

Intellectual Property

All right, title, and interest in and to the intellectual property in the website and services remains with us and/or our licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these terms.

All software, applications, and services, and products offered or may be offered by us are maintained by us based on your agreement with us.
You may not claim ownership of any products or services created and owned by us and hosted within the website or services; such are the sole property of us including all intellectual property associated with such products or services.

You authorise us to use, store, reproduce and manipulate your data stored within the website for the sole purpose of the provision of services to you.

Trademarks

All logos, trade names, company names, marks, trademarks, sites and domain names of Sportistars, including but not limited to Sportistars are and shall remain the exclusive property of Sportistars and nothing in this agreement shall grant you the licence to use such marks without the express written permission of Sportistars.

We own all right, title, and interest in the ‘look and feel’ of our site, including all software, media, and other content.

Third-Party Services and Content

We may display content, advertisements and promotions from third parties through our site. We do not control, endorse or adopt any third party content, and we make no representations or warranties of any kind regarding such content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions.

Site Availability

We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that our site will run and perform optimally.

You may not be able to use the site due to traffic conditions on the internet, problems occurring at our third party providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the site in a timely manner.

Indemnity

You agree to indemnify, defend and hold Hutton Road/Sportistars.com its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including any legal/attorney’s fees, which are the result of, or are in any way related to, your use of the site or services, or interactions with stars on our site or your transactions or communications with third-party vendors initiated via the site.

You further agree to indemnify Sportistars for any actual or alleged breach of any applicable consumer protection laws and regulations by you; and any negligence or default by you.

You also indemnify us for all damages suffered or incurred, whether directly or indirectly, in connection with:

your use of the site and services (including the provision of the services), including without limitation to claims relating to financial damage or damage to property, personal injury or death;

  • any actual or alleged infringement of any intellectual property rights by you;
  • any actual or alleged breach of any applicable privacy laws by you,
  • any actual or alleged breach of any applicable consumer protection laws and regulations by you; and
    negligence or default by you.

International Site Use

You agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content in the country in which you reside. You further agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical and personal data exported from the country in which you are accessing our website.

Disclaimer

Sportistars is only responsible for providing the website and its services in accordance with these terms.
The website is provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the website or any services provided through the site.

Limitation of Liability

To the fullest extent permitted by law, Sportistars excludes all terms, conditions, warranties, and guarantees which might be
implied into these Terms.

Our liability to you in respect of any claim made by you arising out of the provision of services is limited, at our option, to the provision of the services again or paying to provide the services again.

Neither party will be liable for breach-of-contract damages that could not have been reasonably foreseeable on entry into these terms.

Sportistars shall not be liable under any circumstances for any special, consequential, incidental, exemplary or punitive damages, or loss of profit or revenues, even if we have been specifically advised of the possibility of such damages. Sportistars is not liable under any circumstances for damages arising out of or related in any way to your use of or your inability to access, or your difficulty in accessing, its service. Sportistars shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors and accessed through the website or by any other means.

Amendments

The Company reserves the right, in its sole discretion, to modify or replace any part of these terms at anytime.

We also reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our site or services (or any features or parts thereof) at any time and without liability.

We may offer new features, functionality or services through the website at anytime. Such new features and functionality, if offered, are offered subject to these term.

Suspension

If, in our reasonable opinion, you have breached our terms, we may suspend or restrict your account with immediate effect. We will notify you if suspension or restriction occurs. If suspension or restriction occurs, you will be unable to access the site.

Cancellation

You may cancel services such as personal videos, social media posts, and experiences purchases prior to the services being delivered. Athletes have seven days to respond to each request. But you will not be entitled to any refund if the request is received after the service has been fulfilled or actioned by a requested athlete or 2 days prior to delivery.

Termination

Sportistars reserves the right, at its sole discretion and for any reason, to terminate this agreement and your access to its services, upon one (1) day’s electronic notice and/or to refuse to allow you to access your account. If fraud is suspected, Sportistars has the right to put an account immediately on hold until further investigation takes place.

Severability

If any term, clause or provision of these terms is held invalid or unenforceable, then that term, clause or provision will be severable from these terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these terms.

Applicable Law and Jurisdiction

Any dispute, controversy or claim arising out of, relating to or in connection with these terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the law of England and Wales. There will only be one official arbitrator in any dispute. These terms are governed by the laws of England and Wales.