TERMS OF USE FORĀ USERS/CLUB MEMBERS

Version: V1.1 (12.02.2016)

 

Please read carefully the below terms of use (the “Terms of Use”) of the Cluball mobile device application (the “App”) before you download, install or use the App developed by Clubble SA (the “Company”) and use the App and/or the services provided by or through the App or Cluball’s website www.cluball.com (the “Services”). By downloading, installing or using the App or Cluball’s website, you indicate that you accept these Terms of Use and that you agree to abide by them. Your download, installation or use of the App or Cluball’s website constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App or Cluball’s website.

 

The following Terms of Use apply when you view or use the App, Cluball’s website and/or the Services.

 

For purposes of this Agreement, the terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of the App and the Services.

 

  1. PRIVACY POLICY

 

The Company respects the privacy of its App and Service users. Please refer to the Company’s Privacy Policy (found here: http://www.cluball.com/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the App and/or the Services, you signify your entire agreement to this Privacy Policy.

 

  1. ABOUT THE SERVICE

 

The App and the Services allow you to:

 

 

  1. REGISTRATION – RULES FOR USER CONDUCT AND USE OF THE APP AND THE SERVICES

 

You need and you undertake that you are at least 12 years old to register for and use the App and the Services. If you sign up as user for the App and the Services, the Company will create a personalized account which includes a username and a password to access the App and the Services. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your user name, password and/or account.

 

The App, the Services and the user account, once created, can be accessed from IOS or Android platforms and from the Web. It is the responsibility of the user to have the proper hardware, softwares and operating systems as recommended by the Company on its FAQ page (http://help.cluball.com) in order to be able to fully use the App and the Services.

 

  1. USE RESTRICTIONS

 

Your permission to use the App and the Services is conditioned upon the following use restrictions and conduct restrictions: you agree that you will not under any circumstances:

 

 

 

 

 

 

 

 

 

 

  1. POSTING AND CONDUCT RESTRICTIONS

 

When you create your own personalized account, you may be able to provide user content (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the App or the Services. You agree that the Company is only acting as a passive conduit for your online distribution and publication of your User Content. The Company, and the owner/manager of the club in which you are registered, each reserve the right to remove any User Content from the App or Services at their entire discretion. In particular, the Company, and the owner/manager of the club in which you are registered, each reserve the right to have a full view on the content of the group discussions which you initiate or in which you participate, including the discussions that are referred to as “private” (vs. the public ones) and regarding which neither the club owner/manager nor the Company are invited to be a part of. This will allow the Company and the club owner/manager to have a strict control on the content posted on the App and the Services and the due compliance with these Terms of Use. The club owner/manager, however, will have no view nor control on private conversations which you may have with other users.

 

The following rules pertain to User Content. By transmitting and submitting any User Content while using the App or the Services, you agree as follows:

 

 

 

 

 

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App or Services is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the App and/or Services.

 

  1. ONLINE CONTENT DISCLAIMER

 

Opinions, advice, statements, offers, or other information or content made available through the App or Services, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the App or Services and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the App or Services. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the App or Services, or transmitted to users.

 

Although the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the App or Services or to limit or deny a user’s access to the App or Services or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Messages sent between you and other users that are not readily accessible to the general public (including private group messages and discussions) will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under applicable law. If you become aware of misuse of the App or the Services, please contact us at : support@cluball.com.

 

  1. LINKS TO OTHER SITES AND/OR MATERIALS

 

As part of the App and the Services, the Company or users may provide you with convenient links to third party applications or website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to the users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the App and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

 

  1. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

 

The Company respects the intellectual property rights of others and requests that the users do the same. The Company may suspend or exclude from the App and the Services users who are repeat infringers and users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

 

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the App or Services infringe upon your copyrights, you contact us in this respect at : support@cluball.com

 

  1. LICENSE GRANT

 

By posting any User Content via the App or Services, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App or Services.

 

  1. INTELLECTUAL PROPERTY

 

You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the App and the Services, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the App or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

 

  1. E-MAIL MAY NOT BE USED TO PROVIDE NOTICE

 

Communications made through the App and the Services’ e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

 

  1. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

 

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the e-mail address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. We may also use your e-mail address to send you other messages, including information about the Company and special offers. You may opt out of such e-mail by clicking the “unsubscribe” link in the e-mails which we will send in order to take out your e-mail address from the mailing lists for promotional e-mails. For e-mails that are related to notifications and to your activity on the App and the Services, you can opt out to be notified via e-mail in the settings of the App by changing your account settings or sending an e-mail to support@cluball.com.

 

Opting out may prevent you from receiving messages regarding the Company or special offers.

 

Notifications within the App and the Services (commonly named “badge icons”) or sounds can be also customized by the user in order to be aligned with his/her preferences.

 

  1. ADVERTISEMENTS

 

The Company accepts no responsibility for advertisements contained within the App or the Services. If you decide to purchase goods and/or services from any third party who advertises in the App or through the Services (including any e-shop), you do so at your own risk. The advertiser, and not the Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, its only recourse is against such advertiser.

 

  1. ADAPTATIONS
     

The Company has the right to adapt, add or remove functionalities of the App or the Services without informing you in advance. The Company makes no warranty that your access to the App and the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet and technology in general, this cannot be guaranteed. In addition, the Company may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

 

  1. WARRANTY DISCLAIMER

 

THE APP AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE APP AND THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF (i) LOSS OF PERSONAL DATA, FINANCIAL DATA OR DATA RELATED TO ACTIVITY ON THE APP

AND (ii) LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE APP AND THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

  1. LIMITATION OF DAMAGES – RELEASE

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE APP OR SERVICES; (C) THE APP OR THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE APP AND THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

If you have a dispute with one or more users or clubs, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

 

  1. MODIFICATION OF TERMS OF USE

 

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Cluball website (www.cluball.com, the “Site”) from time to time to review any such changes (can be found here: http://www.cluball.com/terms). If you continue to use the App and/or the Services, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our Site and/or sending an e-mail to the e-mail address which you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or e-mail communications shall be valid.

 

  1. GENERAL TERMS

 

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

 

You agree that any cause of action related to or arising out of your relationship with the Company must commence within six (6) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

These Terms of Use and your use of the App and of the Services are governed by the laws of Belgium. You agree to submit any dispute in this respect to the exclusive jurisdiction of the courts of Brussels (Belgium).

 

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://www.cluball.com/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

 

In case of question regarding these Terms of Use, please contact us at support@cluball.com

 

Should you wish to have more information about the Company, please refer to its website www.cluball.com.