Terms and Conditions

Introduction

By using the Fixtura website, accessible at Fixtura.com, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of them, you must not use our website.
By using our Website, you accepted these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

Intellectual property rights

Fixtura or its licensors own the intellectual property rights in the website and material on the website. Users have an unrestricted, royalty-free license to use any assets created by Fixtura. Fixtura reserves the right to use any assets for marketing and promotional materials.

Subscription Terms

Subscriptions to Fixtura's services are renewable automatically. At the end of each playing season, subscriptions are paused automatically and resume at the start of the next playing season. An email will be sent notifying you of this change, and you may choose to cancel your subscription if you wish. No refunds will be given once an asset render has been sent out.

User Content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to our website, such as organization logos, themes, or additional context to specific fixtures, and does not include content specifically created for you by Fixtura. You grant to Fixtura a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Fixtura the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Geographic Restrictions

Fixtura services are restricted to Australia and New Zealand. Access from outside these jurisdictions is prohibited.

Dispute Resolution

In the event of a dispute, users may request up to 3 rewrites for any article. No other dispute resolution mechanisms are offered.

Warranties and Disclaimers

This website is provided "as is" without any representations or warranties, express or implied. Additional warranties or disclaimers may be applied as necessary and in accordance with applicable law.

License to use website

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Fixtura obtains all data for its digital assets from PLAYHQ. By using Fixtura's website and digital assets, you acknowledge and agree that you will not use this data for any unauthorized or unlawful purposes.
Fixtura uses GTP-3 as its AI source for generating materials. By using Fixtura's website and digital assets, you acknowledge and agree to the terms of use for GTP-3 as set forth by its provider.
Fixtura uses Stripe as its payment gateway for all subscriptions. By subscribing to Fixtura's services and accessing its digital assets, you acknowledge and agree to the terms of use for Stripe as set forth by its provider.
The digital assets generated by Fixtura for paid users are for use by them as they see fit, subject to the restrictions set out in these terms and conditions and any applicable laws.
Where you are provided with login details in order to access certain restricted areas of the website, you are responsible for keeping these login details confidential at all times.

Data Sources and AI Ethics

Fixtura uses GPT-3 and PlayHQ data for generating digital assets. While we strive for accuracy, we are not liable for misleading or false narratives created by AI. By using Fixtura's services, you give Fixtura rights to contact your sports governing body and PlayHQ on your behalf to obtain data for digital asset creation.

Data Usages

No user data will be shared with any third parties. Users' personal information will be handled in accordance with applicable privacy laws and regulations.

Data Handling

No user data will be shared with third parties. For more details, please refer to our Privacy Policy.

Accessibility

Fixtura ensures that its website complies with applicable accessibility standards to the best extent possible.

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without the express written consent of Fixtura.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without the express written consent of Fixtura.

Restricted access

Fixtura reserves the right to restrict access to areas of our website, or indeed our whole website, at Fixtura's discretion and without notice.
If Fixtura provides you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the user ID and password are kept confidential at all times.
Fixtura may disable your user ID and password at any time in Fixtura's sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to Fixtura a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Fixtura the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Fixtura or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Fixtura reserves the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding Fixtura's rights under these terms and conditions in to do so, Fixtura does not undertake to monitor the submission of such content to, or the publication of such content on, our website.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. Fixtura makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Fixtura does not warrant that:
  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Fixtura will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Fixtura has been expressly advised of the potential loss.

Exclusions

Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these terms and conditions will exclude or limit Fixtura's liability in respect of any:
  • death or personal injury caused by Fixtura's negligence;
  • fraud or fraudulent misrepresentation on the part of Fixtura; or
  • matter which it would be illegal or unlawful for Fixtura to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Fixtura has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fixtura's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Fixtura's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Fixtura.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Fixtura and undertake to keep Fixtura indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Fixtura to a third party in settlement of a claim or dispute on the advice of Fixtura's legal advisers) incurred or suffered by Fixtura arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Fixtura's other rights under these terms and conditions, if you breach these terms and conditions in any way, Fixtura may take such action as Fixtura deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Fixtura may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Fixtura may transfer, sub-contract or otherwise deal with Fixtura's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Termination Clauses

Either party may terminate this agreement at any time, with or without cause, upon written notice to the other party. The following shall be considered grounds for termination: By the User: Users may terminate their subscription to Fixtura's services at any time through their account settings or by contacting Fixtura's support. By Fixtura: Fixtura reserves the right to terminate a user's access to its services for violations of these terms and conditions or any other misconduct or illegal activity. Upon termination, all rights and obligations shall cease, except that any obligations or rights that by their nature should survive termination (such as payment obligations or intellectual property rights) shall continue in effect beyond termination.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Fixtura in relation to your use of this website, and supersede all prior agreements and understandings.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the country in which Fixtura is based, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of that country.

Changes to these terms and conditions

Fixtura reserves the right to make changes to these terms and conditions at any time. Any changes will be effective immediately upon posting on this website. It is your responsibility to review these terms and conditions regularly to ensure you are aware of any changes. Your continued use of this website after any changes are posted will be deemed acceptance of those changes.