These Terms and Conditions (“Terms”) govern access to and use of draftd.com, its website, mobile applications (including versions distributed through third-party app stores), features, content and related digital services (collectively, the “Platform”).
The Platform is operated by Draftd LLC, a company established under the laws of Delaware, USA with its registered address at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, USA (“we”, “us”, “our” or the “Operator”).
The Platform is intended to identify, showcase and share the stories, achievements, development and potential of emerging sports talents and to provide a platform through which such information may be made available to the sporting community and the wider public.
By accessing or using the Platform, creating an account or submitting content to the Platform, you confirm that you have read, understood and agreed to these Terms. If you do not agree to these Terms, you must not use the Platform.
1Scope and Description of the Platform
These Terms apply to all content, functions, features and services made available through the Platform.
The Platform may, among other things:
- publish profiles and stories concerning emerging sports talents (“Athletes”);
- showcase Athletes’ sporting backgrounds, achievements, skills, experiences and development;
- display photographs, videos, interviews, statistics, competition results and other information relating to Athletes;
- enable Athletes, their parents or legal guardians, coaches, clubs, sports organisations and other authorised persons to submit information and materials for consideration and publication; and
- provide other features and services related to the promotion and visibility of emerging sports talent.
Certain parts of the Platform may be available without registration, while particular features may require the creation of a user account.
We may introduce, modify, suspend or discontinue any feature or part of the Platform where reasonably necessary for operational, technical, legal or commercial reasons.
The Platform may be accessed through a web browser, a mobile application or another supported interface. These Terms apply consistently across all such access methods, except where additional terms are expressly stated for a particular feature.
Mobile applications may be downloaded from third-party application stores. Availability, installation and updates may also be subject to the relevant app store’s separate terms.
2Eligibility and Minors
You may use publicly accessible parts of the Platform without creating an account, subject to these Terms.
If registration is made available, you must satisfy any minimum age requirements specified on the Platform and under applicable law.
Where an Athlete is a minor and applicable law requires the consent of a parent, legal guardian or other authorised person for the submission or publication of information or Content relating to that Athlete, such Content may only be submitted with the required consent.
A person submitting the Content concerning a minor represents and warrants that:
- they are the minor’s parent or legal guardian, or have otherwise been duly authorised to make the submission;
- all consents and permissions required for the collection, submission, use and publication of the relevant information and the Content have been obtained; and
- the submission and publication of the Content will not infringe the rights or interests of the minor or any third party.
We reserve the right to request reasonable evidence of age, identity, authority or parental/legal guardian consent before publishing or continuing to publish Content relating to a minor.
We may refuse to publish or may remove Content relating to a minor where we consider that appropriate for the protection of the minor, where the required consent cannot be established, or where publication may otherwise be contrary to applicable law.
3User Accounts
Where the Platform permits registration, you must provide accurate, current and complete information when creating an account and keep such information reasonably up to date.
You are responsible for maintaining the confidentiality and security of your account credentials and for activities carried out through your account.
You must promptly notify us if you become aware or reasonably suspect that your account has been accessed or used without authorisation.
You may not transfer, sell or otherwise make your account available to another person without our prior written consent.
You may not create an account in another person’s name or impersonate another person unless you have that person’s express authority to act on their behalf.
Where account functionality is available, users may request deletion of their accounts through the procedure made available on the Platform or by contacting the Operator. Account deletion and associated personal data requests are handled in accordance with these Terms and the Privacy Policy.
Deletion of an account does not automatically require deletion of an Athlete profile submitted by that account holder where the profile concerns another person; such requests will be assessed under Section 11 and the Privacy Policy.
4Submission and Publication of Content
For the purposes of these Terms, “Content” means any information or material submitted, uploaded, transmitted, provided or otherwise made available to us or through the Platform, including:
- athlete stories and biographies;
- names, sporting histories and achievements;
- competition results, rankings and statistics;
- photographs and images;
- audio and video recordings;
- interviews and quotations;
- articles, comments and written materials; and
- any other data or material submitted for publication.
Content may be submitted by an Athlete, the Athlete’s parent or legal guardian, a coach, club, sports organisation, authorised representative or another person entitled to provide the relevant Content.
Submission of Content does not create any right or guarantee that the Content will be published on the Platform.
We reserve editorial discretion regarding the Platform and may review, select, edit, format, shorten, translate, adapt, categorise, supplement, update, decline to publish or remove submitted Content, provided that such use remains consistent with the rights granted to us under these Terms.
The fact that Content is published on the Platform does not mean that we have independently verified or endorsed the Content, the Athlete concerned, or any statements contained in it.
Content may be submitted using the website, mobile application or another channel expressly authorised by the Operator. Submission through a mobile device does not alter the rights, consents or responsibilities applicable to that Content.
5Responsibility for Content
The person submitting Content is responsible for ensuring that the Content is accurate to the best of their knowledge, lawful and appropriate for publication.
By submitting Content, you represent and warrant that:
- you own the Content or have obtained all rights, licences, permissions and consents necessary to submit it and permit its use in accordance with these Terms;
- the Content does not infringe any copyright, trademark, privacy, publicity, image, personality or other rights of any person;
- the Content does not contain materially false, misleading or defamatory information;
- where the Content identifies or depicts another person, you have obtained any permission required by applicable law for its submission and publication; and
- where the Content relates to a minor, the requirements of Section 2 have been satisfied.
In particular, before submitting a photograph, video, interview or other recording, you must ensure that you possess or have obtained the rights and permissions necessary for the material to be published and made publicly available through the Platform.
If, after submitting Content, you become aware that you did not possess the necessary rights or permissions, or that the Content is inaccurate or unlawful, you must notify us without undue delay and identify the affected Content with sufficient detail to allow us to locate it.
6Prohibited Content and Conduct
You must not use the Platform or submit Content in a manner that:
- violates any applicable law or regulation;
- infringes intellectual property, privacy, publicity, image, personality or other rights of another person;
- is false, fraudulent or materially misleading;
- is defamatory, threatening, harassing, abusive or obscene;
- promotes hatred, discrimination, violence, criminal activity or other unlawful conduct;
- is pornographic, sexually explicit or otherwise inappropriate or harmful to minors;
- impersonates another person or falsely represents an affiliation with another person, club, organisation or entity;
- contains private or confidential information concerning another person without appropriate permission;
- contains viruses, malicious code or other technology intended to interfere with or damage the Platform;
- interferes with, disrupts or attempts to circumvent the security or proper operation of the Platform;
- collects information concerning other users or Athletes without lawful authority or consent; or
- otherwise exposes an Athlete, particularly a minor, to an unreasonable privacy or safety risk.
You may not use bots, scraping tools or other automated means to access, extract, reproduce or collect Content or data from the Platform without our prior written permission.
Unless expressly authorised by us, Content made available through the Platform may not be systematically extracted or used to create databases or datasets, including datasets used for the training or development of artificial intelligence, machine-learning models or similar technologies.
7Rights in Submitted Content
Except where otherwise expressly agreed, you retain ownership of intellectual property rights that you hold in Content submitted by you.
By submitting Content for publication, you grant the Operator a non-exclusive, worldwide, royalty-free license to host, store, reproduce, publish, display, communicate to the public, distribute, format, edit, translate and adapt that Content to the extent reasonably necessary to operate, promote and provide the Platform and to present the Athlete’s story.
The license under Section 7.2 includes the right to make reasonable technical and editorial modifications, including resizing images, adapting video formats, correcting formatting, creating extracts and adapting Content for display on different devices or Platform features.
Where Content is used by us outside the Platform for promotional purposes, including through the Platform’s official social-media channels, such use shall be subject to the scope of the permissions and consents obtained in relation to that Content.
Nothing in these Terms transfers ownership of your Content to us.
Where you request removal of Content, we will consider and process the request in accordance with applicable law, our Privacy Policy and Section 11 of these Terms. Removal from publicly accessible parts of the Platform may not necessarily result in immediate deletion from backups, archives or records that we are legally entitled or required to retain.
The license in Section 7.2 covers publication and technical adaptation across the website and mobile applications. It does not replace any separate consent or lawful basis required for processing personal data, including the image or personal data of a minor.
The scope and duration of permitted use remain subject to applicable law, valid withdrawal of consent where processing relies on consent, and the correction or removal process described in Section 11.
8Operator Content and Intellectual Property
Except for Content owned by users or third parties, all rights in the Platform and its original content, design, graphics, logos, trademarks, software, databases, selection and arrangement of materials and other features (“Operator Content”) belong to us or our licensors.
You may access and use Operator Content solely for lawful personal or other purposes expressly permitted by us.
Unless permitted by applicable law or expressly authorised by us, you may not copy, reproduce, modify, distribute, sell, license, commercially exploit, reverse engineer or create derivative works from Operator Content.
Nothing in these Terms grants you any right to use our trade names, trademarks, logos or other branding without our prior written permission.
9Athlete Profiles and No Guarantee of Sporting Opportunities
The purpose of an Athlete profile or story is to provide information and visibility concerning the Athlete and their sporting journey and potential.
Publication or inclusion of an Athlete on the Platform does not constitute:
- certification or verification of the Athlete’s ability or potential;
- an endorsement or recommendation by the Operator;
- representation by the Operator as an agent, manager, scout or intermediary of the Athlete;
- a promise that the Athlete will be contacted by a club, coach, scout, sponsor or other sporting organisation; or
- a guarantee of selection, recruitment, sponsorship, professional engagement, scholarship, contract or sporting success.
Unless expressly stated otherwise, the Operator is not a sports agent, talent representative, employment agency or recruitment service and does not act on behalf of an Athlete merely because the Athlete is featured on the Platform.
Users, clubs, scouts, coaches, sponsors and other third parties remain responsible for conducting their own assessment and verification before making decisions based on information published through the Platform.
10Accuracy of Information
We seek to maintain useful and reliable information on the Platform. However, some Content may originate from Athletes, parents, guardians, coaches, clubs, sports organisations or other third parties.
Unless expressly indicated otherwise, we do not guarantee that all Content is complete, accurate, current or error-free.
If you believe information concerning you or an Athlete for whom you are legally responsible is inaccurate, you may contact us using the details in Section 20 and request that the information be reviewed.
We reserve the right to correct, update or remove inaccurate or outdated information where appropriate.
11Content Review, Removal and Takedown Requests
We reserve the right to review Content submitted to or published on the Platform.
We may refuse to publish, restrict access to, suspend or remove Content where we reasonably believe that:
- it violates these Terms;
- it may violate applicable law;
- it infringes or may infringe third-party rights;
- necessary rights or consents have not been obtained;
- it is inaccurate or materially misleading;
- it creates an inappropriate privacy or safety risk, particularly for a minor; or
- removal is reasonably necessary to protect the Platform, its users, Athletes or third parties.
A person who believes that Content published on the Platform infringes their rights, contains inaccurate personal information or has been published without the necessary authority may submit a removal or correction request to the contact address specified in Section 20.
A request under Section 11.3 should identify the relevant Content, explain the basis of the request and provide sufficient information for us to assess the request.
Nothing in this Section limits any statutory right to request access, correction, deletion or other action concerning personal data.
12Privacy and Personal Data
Use of the Platform may involve the collection and processing of personal data, including personal data relating to Athletes.
Our collection, use, disclosure, storage and other processing of personal data is governed by our Privacy Policy, which should be read together with these Terms.
Where you provide personal data concerning another person, including an Athlete, you represent that you are authorised to provide that information or otherwise have a lawful basis for doing so as required under applicable law.
Additional safeguards or consent requirements may apply to personal data concerning minors. Where required, such information will only be processed with the appropriate authorisation or consent.
The Privacy Policy applies to the website and mobile applications and describes the categories of personal data processed, device and usage information, processing purposes, legal grounds, recipients, international transfers, retention and individual rights.
Where mobile features require access to the camera, photo library, microphone or notifications, such access is subject to applicable device permissions and the Privacy Policy. Users may manage device permissions through their operating-system settings; disabling permissions may limit certain features.
Cookies, mobile identifiers, analytics and similar technologies, and push notifications, will be used subject to applicable law, user choices and the disclosures in the Privacy Policy. Where required, separate consent will be obtained.
Acceptance of these Terms does not, by itself, constitute consent to processing for which applicable law requires a separate, specific consent, including publication of certain personal data concerning minors.
13Third-Party Websites and Services
The Platform may contain links to websites, mobile applications, app stores, social-media platforms, sports organisations or other services operated by third parties.
We do not control third-party websites or services and are not responsible for their availability, content, privacy practices, security or terms of use.
A link from the Platform to a third-party website does not, by itself, constitute our endorsement of that website, organisation, product or service.
Your use of third-party websites and services is subject to the terms and policies applicable to those services.
Mobile applications may be made available through the Apple App Store, Google Play or other distribution services. Application store operators may independently process information in connection with downloading, installation, updates or use of their services under their own terms and privacy policies.
Nothing in these Terms limits any mandatory rights a user has against the Operator or an app store provider under applicable law.
14Availability and Changes to the Platform
We aim to maintain the Platform in good working order but do not guarantee uninterrupted, continuous, secure or error-free availability.
Access may be interrupted as a result of maintenance, technical problems, security requirements, circumstances outside our reasonable control or other operational reasons.
We may modify, suspend or discontinue all or part of the Platform where reasonably necessary. Where appropriate and practicable, we may provide advance notice of material changes.
15Suspension and Termination
We may restrict, suspend or terminate a user’s account or access to all or part of the Platform, and may remove Content, if we reasonably believe that:
- the user has materially or repeatedly violated these Terms;
- the user’s activity is unlawful, fraudulent, abusive or harmful;
- the user’s activity infringes third-party rights;
- continued access creates a security, safety or legal risk; or
- suspension or termination is required by applicable law or a competent authority.
Where appropriate, we may issue a warning or provide an opportunity to remedy a violation before suspension or termination. We may take immediate action where reasonably necessary to protect an Athlete, a minor, another user, the Platform or a third party.
If account functionality is provided, you may terminate your account in accordance with the procedure made available through the Platform or by contacting us.
Termination of an account does not affect provisions of these Terms which by their nature are intended to continue after termination, including provisions concerning intellectual property rights, licences already exercised, liability, indemnification and dispute resolution.
A request to delete an account may be submitted using an in-app deletion mechanism where available or the contact information in Section 20. The Operator will process the request in accordance with applicable law and the Privacy Policy.
Removal of an account or Content from the publicly accessible Platform may not result in immediate deletion from legally retained records or technical backups, as explained in the Privacy Policy.
16Disclaimer
To the extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis.
We do not warrant that:
- the Platform will always be available, uninterrupted, secure or error-free;
- all Content submitted by users or third parties will be accurate, complete or current;
- publication on the Platform will result in any particular level of exposure or recognition; or
- an Athlete will receive any sporting, professional, commercial or educational opportunity as a result of being featured on the Platform.
We are not responsible for decisions made by users or third parties based solely on Content available through the Platform.
Nothing in these Terms excludes any warranty, right or remedy that cannot lawfully be excluded.
17Limitation of Liability
To the maximum extent permitted by applicable law, the Operator shall not be liable for indirect, incidental, special, punitive or consequential loss or damage arising out of or in connection with the use of, or inability to use, the Platform.
To the maximum extent permitted by applicable law, we shall not be liable for loss arising from:
- inaccurate, incomplete or outdated third-party or user-submitted Content;
- the acts or omissions of Athletes, users, clubs, scouts, coaches, sponsors or other third parties;
- third-party websites or services;
- unauthorised access resulting from a user’s failure to safeguard account credentials; or
- interruption, suspension or modification of the Platform.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability for fraud or any other liability that cannot legally be excluded.
18Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless the Operator and its directors, officers, employees and agents from third-party claims, liabilities, losses, damages and reasonable expenses arising directly from:
- Content submitted by you;
- your material violation of these Terms;
- your infringement of another person’s intellectual property, privacy, image, personality or other rights; or
- your submission of Content without the necessary rights, authority, permissions or consents.
The indemnification obligation in Section 18.1 does not apply to the extent that the relevant claim or loss was caused by the Operator’s own unlawful conduct.
19Changes to These Terms
We may amend these Terms from time to time to reflect changes to the Platform, applicable law, regulatory requirements, security considerations or our services and policies.
The current version of these Terms will be made available through the Platform and will indicate the date on which it was last updated.
Where required by applicable law, or where a change materially affects registered users’ rights or obligations, we will provide reasonable notice before the amended Terms take effect.
Your continued use of the Platform after amended Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law. If you do not agree to the amended Terms, you should discontinue use of the Platform.
20Notices and Contact Information
Questions concerning these Terms, Content published on the Platform, intellectual property complaints, correction or removal requests and other legal notices may be sent to:
Privacy and personal-data requests should be submitted using the contact information specified in our Privacy Policy or, where applicable, the contact details above.
21Governing Law and Dispute Resolution
These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the state of Delaware, without prejudice to any mandatory protections available to consumers under applicable law.
Subject to any mandatory jurisdiction rules applicable to consumers or other protected persons, any dispute arising out of or in connection with these Terms or use of the Platform shall be subject to the jurisdiction of the competent courts of the state of Delaware.
Nothing in this Section prevents either party from seeking urgent or interim relief from a competent court where such relief is available under applicable law.
22General Provisions
Entire Agreement
These Terms, together with the Privacy Policy and any additional terms expressly applicable to particular Platform features, constitute the agreement between you and us concerning your use of the Platform.
Severability
If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be limited or modified to the minimum extent necessary, where permitted by law, and the remaining provisions shall continue in full force and effect.
No Waiver
Our failure or delay in exercising any right under these Terms does not constitute a waiver of that right.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations in connection with a merger, restructuring, acquisition, transfer of the Platform or similar transaction, subject to applicable law.
Third-Party Rights
Unless expressly provided otherwise, these Terms do not confer contractual rights on any third party.
Headings
Section headings are included for convenience only and do not affect the interpretation of these Terms.
23Acknowledgment
By accessing or using the Platform, registering an account or submitting Content, as applicable, you acknowledge that you have read and understood these Terms and agree to be bound by them.