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1. Scope of Application
Services provided by cooperation partners or third parties may be subject to additional terms and conditions stipulated by partners and/or third parties. In these cases, the user will be advised of this separately. The contractual relationship on the provision of third-party services via scouteasyfootball.com is concluded exclusively between the user and the relevant third party.
Any questions and statements the customer may have regarding the customer’s contract with SCOUT EASY FOOTBALL or the services provided by SCOUT EASY FOOTBALL can be sent via the contact form.
2. User Group, Availability and Terms of Payment
The offers and services of SCOUT EASY FOOTBALL are accessible to everyone without any restrictions. Memberships are free of charge. Thereafter,the use of certain services may require a charge.
Details about the applicable fees for the various memberships are set forth in SCOUT EASY FOOTBALL websites. The fees listed are binding. The fees for the membership are charged for the entire membership term and shall be due immediately. Payment can be made using the various debiting procedures available, in particular, using accepted credit cards or online. SCOUT EASY FOOTBALL delivers invoices to the User for the membership fees on the website.
With the exception of the options provided by SCOUT EASY FOOTBALL, any use of services or content offered on SCOUT EASY FOOTBALL websites requires the prior written consent by SCOUT EASY FOOTBALL. For the use of certain services and offers, the User has to disclose personal data during a registration process.
The use of the services offered requires the prior written consent of SCOUT EASY FOOTBALL. SCOUT EASY FOOTBALL is entitled to temporary or permanently amend, extend and terminate offers and services of scouteasyfootball.com at any time. Any services used by the User are subject to termination provisions.
SCOUT EASY FOOTBALL shall, within the scope of its technical and organizational capacity, endeavour to provide a daily uninterrupted 24-hour-access to scouteasyfootball.com. The User acknowledges and agrees that it is technically impossible to achieve 100% availability. Events related to maintenance, disruptions in public communication networks, force majeure or attacks by hackers, may result in brief malfunctions or temporary interruptions of the services provided by SCOUT EASY FOOTBALL. The users do not have any rights to demand continuous and uninterrupted accessibility of SCOUT EASY FOOTBALL scouteasyfootball.com or individual offers and services. Any liability for loss of data is expressly excluded, with the exception of willful misconduct, or a willful and material breach of this agreement by SCOUT EASY FOOTBALL. No liability is accepted in cases of default by customers, such as loss of password and misuse by third parties.
SCOUT EASY FOOTBALL may use the user name and/or user’s club affiliation and/or user’s club membership at SCOUT EASY FOOTBALL for advertising purposes.
3.1 User’s Obligations
The user is obliged to comply with any legal provisions and may not use offers and services provided by scouteasyfootball.com for illegal purposes. Any distribution or transmission of illegal content, especially pornographic, blatantly violent, discriminatory or offensive content, is prohibited. Offers and services provided by scouteasyfootball.com may not be used by any users for commercial purposes. The transmission of bulk advertising material, unsolicited e-mails, spamming, or viral marketing is prohibited. The same shall apply to activities whose purpose is to render the site scouteasyfootball.com functionally defective or affect services and offers of scouteasyfootball.com. The User is obliged to indemnify SCOUT EASY FOOTBALL for all damages arising from a violation of the above mentioned obligations or third party rights. This shall pertain to indirect damages and property damages as well. The User shall indemnify Playtouch Ltd against any claims by third parties as a result of such violation, unless the violation is not attributable to the User.
3.2 Registration / Conclusion of Contract
Users must register prior to using any of the services on SCOUT EASY FOOTBALL websites. The User warrants and represents that all of the data provided by the User during the registration process are accurate and complete. The User agrees that he wants to receive Scout Easy Football news and scouting tipps via email. This notification can be changed within the user settings at any time. The User shall report any changes in the registration data to SCOUT EASY FOOTBALL without undue delay. The User is not allowed to use a pseudonym or alternate names. The User chooses a password during the registration process. The User is obliged to keep this password secret (see references to password security). SCOUT EASY FOOTBALL shall neither disclose the password to third parties nor ask for the User’s password at any time. By completing the registration process, the User consents to enter the agreement to use the services of SCOUT EASY FOOTBALL websites. SCOUT EASY FOOTBALL accepts this offer by activating the membership for the use of services on SCOUT EASY FOOTBALL websites. The agreement takes effect with the aforementioned acceptance by SCOUT EASY FOOTBALL. Each User is entitled to register with SCOUT EASY FOOTBALL and create a user profile only once. It is technically impossible for SCOUT EASY FOOTBALL to determine with certainty whether any user registered with SCOUT EASY FOOTBALL websites is in fact the person he or she represents to be. Therefore, SCOUT EASY FOOTBALL assumes no liability for the actual identity of a user.
3.3 Right of Cancellation for Consumers
If a user is registered at SCOUT EASY FOOTBALL for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer:
3.3.1 Right of Cancellation
The User may cancel registration for the membership in the website form to this purpose
The User’s right of termination under section 7 shall not be affected by the User’s cancellation right under this section 3.
3.3.2. Premature Lapse of the Right of Cancellation / Special Instructions
The User’s right of cancellation lapses before the end of the right of cancellation period cited in section 3.1, in the following cases:
If SCOUT EASY FOOTBALL has initiated the provision of services for which the User is registered and with the express consent of the User before the end of the cancellation term, or
If the User has initiated SCOUT EASY FOOTBALL services for which the User is registered (e.g. the User has accessed SCOUT EASY FOOTBALL services that SCOUT EASY FOOTBALL has made available to the User in accordance with the type of Membership chosen by the User at the time of registration).
3.3.3 Consequences of Cancellation
In the event of a valid cancellation, and in accordance with legal provisions, any benefits and gains (e.g. interest) received shall be returned. If the User is unable or partially unable to return the services received, or only able to return such services in impaired form to SCOUT EASY FOOTBALL, the User must reimburse SCOUT EASY FOOTBALL for the corresponding value. The User must comply with any reimbursement obligations within 30 days after dispatch of the cancellation notice. The period of notice begins for the User with the dispatch of his/her cancellation notice, and for SCOUT EASY FOOTBALL with its receipt.
4. Accountability for Content
SCOUT EASY FOOTBALL shall check that all content, information and services published on scouteasyfootball.com are correct, complete and up-to-date. However, SCOUT EASY FOOTBALL or its employees do not warrant completeness and/or topicality. The information provided is not binding. Where appropriate, content, information and services on scouteasyfootball.com are provided by partners of SCOUT EASY FOOTBALL or third parties. Third party content is indicated by references or notices such as “provided by” or a logo. The admission of third party content on scouteasyfootball.com and the corresponding notice shall not constitute any recommendation or warranty of SCOUT EASY FOOTBALL. SCOUT EASY FOOTBALL is not responsible for such content. These providers are not agents of SCOUT EASY FOOTBALL. If the User accesses third party websites via links on scouteasyfootball.com and/or other domains, the providers of these websites are solely responsible for their own content. SCOUT EASY FOOTBALL expressly dissociates itself from these websites and does not adopt their content as its own. SCOUT EASY FOOTBALL expressly excludes any liability or guarantee for content of linked pages. SCOUT EASY FOOTBALL expressly declares that it has absolutely no influence over the presentation and content of linked sites and expressly dissociates itself from these websites and does not adopt their content as its own. Furthermore, other websites may be linked from SCOUT EASY FOOTBALL website by a hyperlink without the knowledge of SCOUT EASY FOOTBALL. SCOUT EASY FOOTBALL expressly dissociates itself from presentation and content published on third party websites.
SCOUT EASY FOOTBALL expressly dissociates itself from content, banner or other advertisement spaces which are uploaded and stored by third parties or users. To the extent legally permitted, any liability and representation regarding such content is expressly excluded. This also applies for cases, in which content uploaded and stored by Users infringes intellectual property rights (trademark rights, copyrights, etc.) or privacy rights of third parties are violated by such content.
4.1 Accountability for Content uploaded and stored by the User
User shall not be allowed to upload and publish any content of third
parties to scouteasyfootball.com which is protected by
copyrights, patents, or registered trademarks or otherwise protected,
such as images, videos, animation, text or drawings.
The User is responsible for any content made available to the public or transmitted by the User on scouteasyfootball.com The User shall ensure that any content is legal, does not violate applicable laws and/or infringe upon any third party rights.
5. Limitations on Liability
Pertaining to corporate customers, the liability of SCOUT EASY FOOTBALL, its legal representatives, directors or other agents for non-fulfilment of contractual obligations is limited, unless damages are caused by willful misconduct or gross negligence. In the event that essential contractual obligations are violated, SCOUT EASY FOOTBALL is liable for culpable conduct by its legal representatives, directors or other agents. The same shall apply to claims pertaining to the Product Liability Act.
SCOUT EASY FOOTBALL is only liable towards consumers for willful misconduct and gross negligence. In the event of a breach of material contractual obligations, payment default or impossibility of performance attributable to SCOUT EASY FOOTBALL, SCOUT EASY FOOTBALL is liable, however, for every culpable conduct of its employees and agents. The same shall apply to claims pertaining to the Product Liability Act.
Liability shall be limited to the amounts of damages that can be reasonably foreseen at conclusion of the contract, unless the legal representatives, directors or vicarious agents of SCOUT EASY FOOTBALL have acted intentionally or with gross negligence.
Save cases of willful misconduct and gross negligence of its legal representatives, directors and other vicarious agents, SCOUT EASY FOOTBALL shall not be liable to compensate indirect damages, including, but not limited to, loss of profit.
Any exclusion and limitation pertaining to corporate customers or consumers set out above shall not apply in case of an express warranty by SCOUT EASY FOOTBALL nor to damages from death, physical injury to body or health and in the case of statutory legal regulations.
6. Data Privacy and Data Security
SCOUT EASY FOOTBALL abides by the statutory data privacy laws. User data are treated confidentially. Data is transmitted to third parties as permitted by the data protection regulations or if the User gives his/her approval. SCOUT EASY FOOTBALL recognizes the extreme importance of sensible processing and handling of all personal data submitted by users to https://scouteasyfootball.com. SCOUT EASY FOOTBALL is therefore careful to observe all the relevant statutory data protection regulations. SCOUT EASY FOOTBALL will not disclose personal data of the User to third parties without obtaining the prior approval of the User. Details about the handling of personal data of users are set out in the data protection provisions of SCOUT EASY FOOTBALL, which are accessible from each page on SCOUT EASY FOOTBALL websites.
6.1 Notes for the Use of Google Analytics
SCOUT EASY FOOTBALL websites use Google Analytics, a web analysis service of Google Inc. (“Google“). Google Analytics uses so-called “cookies” which are stored on your computer and enable the analysis of the use of the website by yourself. The information gathered by the cookie about your use of SCOUT EASY FOOTBALL websites (including your IP address and UserId) is transmitted to a server of Google in the USA and stored on this server. Google uses this information to analyse your use of SCOUT EASY FOOTBALL websites and to compile reports about website activities for the website operator and to provide services related to the use of the website and internet usage in general. If required, Google may also transmit such information to third parties, if stipulated by law or in the scope of third party processing of such data on behalf of Google. Google will not combine your IP address with other data of Google. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features and services of SCOUT EASY FOOTBALL website may not function properly if your cookies are disabled. By using SCOUT EASY FOOTBALL website, you declare your consent to the processing of personal data gathered by Google about yourself as described above and for the purposes as stated.
7. Payment / Termination / Refunds
The payment / credit system as stipulated in section 2 shall apply. The User is entitled to terminate the free membership at any time, free of charge and without reason. A contact form is used for the cancellation. This contact form is accessible from SCOUT EASY FOOTBALL websites. For the cancellation to be effective, the User has to state his/her user name and e-mail address which has been recorded on SCOUT EASY FOOTBALL websites.
User and SCOUT EASY FOOTBALL may terminate the fee-paying membership without giving any reasons observing a period of notice of fourteen (14) working days before expiry of the minimum use period indicated in the registration process or to the expiration date of any extension period.
The right of both parties to a termination for cause remains unaffected. SCOUT EASY FOOTBALL may terminate for cause, if the continuation of the contractual relationship until the expiry of the period of notice is deemed by SCOUT EASY FOOTBALL as not reasonable under the prevailing circumstances of the individual case and taking into account the interests of both SCOUT EASY FOOTBALL and the User.
If there is cause for termination, and irrespective of the termination being effected or not, SCOUT EASY FOOTBALL is entitled to the following sanctions against the User:
In the following cases, the User may not demand repayment of any fees paid in advance:
SCOUT EASY FOOTBALL terminates the contract for good cause and closes the access of the User for the above-mentioned reasons or the User terminates the contract. Any claims of the User for repayment of fees paid in advance are not excluded, if the User terminates the contract for a good cause which is attributable to SCOUT EASY FOOTBALL.
All content, information, images, databases and services published on www.scouteasyfootball.com are copyright protected. Copyright material may be used for private purposes only. Any other use, in particular, copying, circulation or publication for commercial purposes, is prohibited. Providing links and/or representation of websites appertaining to www.scouteasyfootball.com through hyperlinks (framing) is also prohibited. The offer of SCOUT EASY FOOTBALL is copyright protected and may not be copied, modified, transmitted, extended or otherwise used by third parties without prior approval.
Users may not create graphics, drawings, videos, and animation with the aid of the integrated character software and/or integrated animation software for the purpose of publishing outside SCOUT EASY FOOTBALL or to market for commercial purposes. Without the explicit approval of SCOUT EASY FOOTBALL, created graphics and drawings may not be published on private or commercial websites or in print media, such as books or magazines. The use of individual icons or symbols of the software for this purpose is also prohibited. Users who wish to publish or sell created graphics, drawings, icons, and symbols of the software, require a special copyright agreement.
Non-compliance may be prosecuted by SCOUT EASY FOOTBALL under civil and/or commercial law.
The User indemnifies SCOUT EASY FOOTBALL from all claims that other users or third parties may make against SCOUT EASY FOOTBALL due to the violation of their rights by the content posted by the User to SCOUT EASY FOOTBALL. Websites or the use of SCOUT EASY FOOTBALL Websites. The user assumes the costs of the necessary legal defense of SCOUT EASY FOOTBALL, including all legal and legal costs. This does not apply if the user is not responsible for the infringement. The user is obligated to provide the necessary information for a legal defense to SCOUT EASY FOOTBALL in the event of a claim to SCOUT EASY FOOTBALL.
11. Applicable Law and Jurisdiction
In the course of business with commercial or public entities or public companies, place of performance and exclusive place of jurisdiction shall be Mauritius. Mandatory places of jurisdiction shall remain unaffected. The law of the Republic of Mauritius without reference to its conflicts of law provisions shall apply. The UN Convention for the International Sale of Goods is excluded.
12. Severability Clause
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