Terms & Conditions

Welcome to The Beautiful Game

These Terms of Use and our Privacy Policy (the “Agreement”) governs all transactions between you (“you” or the “User”) and Beautiful Game Film, LLC, the A10 Africa Foundation (collectively, “A10”), as well as your use of the www.beautifulgamefilm.com website, and any additional A10 websites (collectively, the “Sites”). By using the Sites, making a donation to the A10 Africa Foundation (the “Foundation”), or making a purchase through the Sites, you agree to be bound by this Agreement. If you do not agree with all of these terms and conditions or our privacy policy, your sole remedy is to cease use of the Sites.

TERMS FOR USERS MAKING PURCHASES

Pricing and Availability. All prices are shown in U.S. dollars (except where otherwise noted), and are valid and effective only for products and services ordered and shipped within the United States; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Shipping & Handling; No Export by You. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites on the date your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

Payment. Only valid credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

Returns and Exchanges. You may return or exchange products purchased from the Sites by mail subject to any contrary terms imposed on your purchase. We reserve the right to require identification, proof of purchase, or additional verifiable information to help us locate your purchase in our records. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card used to pay for the product, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.

OWNERSHIP

Except where otherwise indicated, the content featured or displayed on the Sites, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), belong to A10, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws relating to intellectual property rights, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the materials available on this Website could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these terms of use and any supplemental terms provided with the Content, or with our prior explicit consent; all rights not expressly granted to you are reserved. Modification or use of Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you – all title and rights remain with us.  Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of (1) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this Site for information input or for ordering goods subject to these Terms.

You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Sites or their Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or its content without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Sites, except to the extent permitted above.

You may use the Site solely for lawful and, except with our written agreement, personal, non-commercial purposes in compliance with these Terms.

A10 uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. The use of the Sites and the Content is at your own risk.

TRADEMARKS

A10, Africa Ten, A10 Africa Foundation, the Sites, and logos are trademarks of A10, protected under the laws of the United States (including state law) and other countries. Other parties’ trademarks used, depicted or identified on the Sites are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on the Sites of the trademark(s) of any other party is not intended to imply A10’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of A10, its products or services. You may not use any of the trademarks displayed on the Sites or in any Content. All rights are reserved.

Digital Millennium Copyright Act: Notification of Alleged Copyright Infringement We avail ourselves of the protections of the Digital Millennium Copyright Act and reserve the right to remove any content that is alleged to infringe the copyright of another party. Notices to us regarding any alleged copyright infringement on our Website should be directed to: info@beautifulgamefilm.com.

LINKS TO OTHER WEBSITE

The Sites may contain links to websites not operated or maintained by A10. These links are provided solely as a convenience to you and not as an endorsement by A10 of the contents of such third party websites. A10 is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party websites, you do so at your own risk, and waive any and all claims against A10 regarding the inclusion of links to outside websites or your use of those websites. The third party sites may contain User Agreements or Terms and Conditions to which you are subject while using those sites. We encourage you to become familiar with the privacy policies of any linked site when you access that site.

LIMITATIONS ON LIABILITY

A10 is not responsible, and shall have no liability, for any incorrect or inaccurate materials or Content posted on the Sites or any liability, cost or expense you may incur in connection with the Sites. Under no circumstances will A10 be responsible for any loss or damage, including personal injury or death, resulting from any use of the Sites, any Content posted on the Sites or transmitted to, or any interactions between, any Users of the Sites, whether online or offline..

DISCLAIMERS OF WARRANTIES

A10 DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, A10 IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. A10, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. A10 MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, OR INFORMATION FOUND IN VIDEO PROGRAMS, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER A10 NOR ITS DIRECTORS, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONSULTANTS, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THE SITES OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SITES, EVEN IF A10 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY

IF YOU ARE DISSATISFIED WITH THE SITES, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITES.

Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. A10 makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the Sites and the provisions of these Terms of Use.

GOVERNING LAW AND VENUE

This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law.  Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in King County or the Federal District Courts of the Western District of Washington (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, A10 shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of A10, such action is necessary or desirable.

INDEMNITY

You agree to indemnify and hold A10 harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Sites or arising from your breach of this Agreement.

PRIVACY POLICY

Our privacy policy contains our practices regarding personally identifying information about you. You should review the privacy policy because it describes the information that we collect, how we collect it and what we do with that information.

ENFORCEMENT

Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. A10’s failure to expressly enforce any provision of these Terms of Use does not waive its rights to enforce that or any other provision.

MODIFICATION

We reserve the right to change these Terms of Use, and other information available on the Sites, without notice, and all such modifications shall automatically become part of these Terms of Use and shall be effective once posted by A10 on the Sites.