Version: V1.1 (12.02.2016)
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.
ABOUT THE SERVICE
The App and the Services allow you to:
Join one or more partner clubs of Cluball in which you have valid membership;
Join activities and invite other club members to join activities organized by the club;
Under condition and subject to availability in your club, make reservations of courts or other sports studios, installations and facilities (depending on the setup of the administrator of the club);
Under condition and subject to availability in your club, book a coach;
Under condition and subject to availability in your club, make online payment for your reservations and/ or club membership;
Interact with other members of the club (provided that such members have authorized the App to display their names in the club’s members registry);
Post text, links, videos and pictures in the club newsfeed.
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.
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:
write, post or upload any information (including any text, picture, video, names, …) that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive (including with respect to the avatar of your profile picture);
use the Service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
provide false or inaccurate information when creating an account;
interfere or attempt to interfere with the proper functioning of the App or the Services;
make any automated use of the system, or take any action that the Company deems to impose or to potentially impose an unreasonable or disproportionately large load on its servers or network infrastructure;
bypass any robot exclusion headers or other measures which the Company takes to restrict access to the App and the Services or use any software, technology, or device to scrape, spider, or crawl the App or Services or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
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 are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby acknowledge and agree that the Company has the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
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.
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.
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.
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 : firstname.lastname@example.org
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.
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.
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.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
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.
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.
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.
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.
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.
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.
Should you wish to have more information about the Company, please refer to its website www.cluball.com.