Terms and Conditions
"Content" means any data an information uploaded by Customers/Users, including but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials;
"Customer" means any person, organisation or company entering the Contract by choosing one of the Packages and using the related Services offered by Sport50;
"Effective Date" means the date on which the Customer has paid the Fee for the chosen Package and obtained physical access to the related Services;
"Fees" means the amounts payable, as described on the Site depending on the selected Package and the chosen payment method ,by the Customer to Sport50 for using the selected Package and the related Services;
"Materials" means any necessary software, all informational text, software documentation, design of and "look and feel” , photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof. All Materials are owned by Sport50 or by third parties;
"Package" means a bundle of Services available to the Customer. Each Package offers different Services;
"Services" means use and access to the website hosting services, websites, communication tools, Sport50 Database and other services that are available through the Site and Customer websites of www.sport50.com. Services include, but are not limited to, Materials, designs, storage, textures, photo elements, team modules and team management, network sharing, external social network management, archiving, linking of media and/or document files (including, but not limited to text, messages, user comments, information, graphics, data, and images). The number of Services available varies in accordance with the selected Package;
"Sport50" means SPORT50 SARL, a registered company with headquarters in 89, Allée Léopold Goebel, L-1635 Luxembourg, R.C.S. Luxembourg B 189.993;
"Sport50 Database" means a publicly accessible data and information collection about players (date of birth, height, weight, age etc.), teams, leagues and game results and other User behavioral sports and non-sports related data. The Sport50 Database is owned by Sport50 and protected under the DIRECTIVE 96/91 EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 1996 on the legal protection of databases.
"Sport50 Advertisement Network" means an online advertisement platform created by Sport50 which is used to offer advertisement places on the Customers Site.
"Advertisement Partner" means a company or entity which advertises through the Sport50 Advertisement Network on the Customers Site.
"Site" means www.sport50.com and Customer websites or web applications designed or permitted by Sport50;
"User" means the person logging in on the Site with his password and login ID, once registered the User can post and share Content, communicate with other Users and access the Sport50 Database;
2) Acceptance of Terms
Sport50 organisation management platform for sports, allowing Customers to build their own websites, post Content and allowing Users who register on a Customer website to connect with other people, share information and access the daily updating Sport50 Database. These Terms and Conditions ("Terms") are applicable to each visitor of the Site as well as to Customers/Users using and accessing the Services that are available through the Site.
Sport50 may modify these Terms from time to time and such modification shall be effective upon posting by Sport50 on this website. Users/Customers agree to be bound to any changes to these Terms when Customers/Users use the Services after any such modification is posted.
If Customers/Users do not agree to these Terms, they should not use the Packages/Services.
3) Description of Services
Our web and mobile-based Services allow Customers, who have opted for one of the Packages, to create and update an online website, access and update the Sport50 Database, post Content and use the Services of the selected Package.
Users who register an account on one of the Customers websites, can access some Services, communicate with other Users, and share Content.
To use the Services, Customers/Users must have access to the Internet, either directly or through devices that access mobile and web-based content.
The Services may include certain communications from us, such as service announcements, administrative messages, the Sport50 Newsletter and third party content (i.e. RSS-Feeds) Customers and Users may not access the Services by any means other than through the services interfaces we provide.
Any new features, or updates to the Services, including the release of new tools and resources, shall be subject to these present Terms.
4) Conclusion of the Contract and registration
When entering the Contract, the Customer warrants to Sport50 that he has the legal right and authority to enter and perform his obligations. The Customer also warrants that he has the legal right to represent and is empowered to enter into legally binding contracts on behalf of the company or organisation.
To enter the Contract, the Customer must provide a valid e-mail address, name, address and other details of the contact person as well as the legal name of the association or organisation he represents.
Customers will choose a password and account designation for their websites during the registration process.
Customers are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under their account.
In consideration of use of the Services, Customers agree to maintain and update true, accurate, current and complete registration data.
Individuals under the age of 18 are prohibited from entering the Contract.
To register on the Customer’s website and get an account, Users must provide a valid email address, a name, a birthdate and a state of residence.
Individuals under the age of 13 are prohibited from registering as a User.
If Customers/Users provide any information that is untrue, inaccurate or incomplete, or if Sport50 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate the User/Customers account and refuse any and all current or future use of the Services or any portion thereof.
5) Privacy Notice
Our Privacy Notice, which is part of these Terms, describes how we collect, protect, and use Customers/Users registration data and certain other information about visitors and Customers/Users. We encourage Customers/Users and visitors to read the Privacy Notice, and to use the information it contains to help them make informed decisions.
6) Account and security
Customers/Users are responsible for maintaining the security of their account alternatively website, for all activities that occur or actions taken under the account or in connection with their websites. Customers/Users agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from Customers/Users in failing to comply with this security obligation. Customers/Users acknowledge and agree that under no circumstances will we be liable, in any way, for any or Customers/Users acts or omissions or those of any third party, including for damages of any kind incurred as a result of such acts or omissions.
7) Proprietary rights
The Services, all confidential and proprietary software used in connection with the Services, Materials, content contained in sponsor advertisements or in information presented to visitors and Customers/Users through the Services or by advertisers, and all other materials and services provided by or are owned by us or other parties that have licensed their materials, content, or provided services to us, are protected by copyright, trademark, trade secret, and other intellectual property laws.
We give Customers permission to use the Materials to the extent necessary to access and use the Packages and the related Services in accordance with these Terms.
This permission does not permit visitors and Customer/Users to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. Visitors and Customers/Users may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services or Materials, create derivative works based on or in any manner commercially exploit the Services or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Services or Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.
Customers/Users shall own all intellectual property pertaining to their Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by them. By posting or uploading Content, Customers/Users shall agree that their Content will be automatically redistributed on the Site.
- must own all rights in and to any Content uploaded by them, including but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials, or otherwise have the full power, title, licenses, consents and authority, in and to the Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Content;
- must guarantee that their Content is true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for them to possess, post, transmit or display in the country in which they reside or we reside;
- must have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of their Content;
Customers and Users will not:
upload, post, transmit or otherwise make available any Content that:
By posting or uploading Content, Customers/Users shall agree that their Content will be automatically redistributed on the Site.
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Customer/User to access the Site and the Services;
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading, upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Customer/User to access the Site and the Services;
Customers/Users acknowledge and agree that their failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of their account and/or Services provided to them, with or without further notice, and without any refund of amounts paid on account.
All Customers/Users Content is under the sole responsibility of the one uploading such Content. Customers/Users, are entirely and solely responsible for all Content that they upload, post, transmit or otherwise make available via the services. Sport50 does not review and is not responsible for the uploaded Customer/User Content.
If Customers/Users become aware of misuse of the Sport50 Services by any Customer/User, they should please contact Sport50 by email at email@example.com
9) Advertisement Network
Sport50 has created the Sport50 Advertisement Network to place advertisement banners on the Customers Site.
Customers on a free plan:
- cannot accept or decline advertisements on their Site. Advertisements are by default accepted on the free plan.
- cannot make Sport50 responsible for an advertisement which competes with a sponsor of the Customers organization.
Customers on a paid plan:
- have the rights to accept or decline advertisements in the Sport50 Advertisement Network.
- have a preview of every advertisement banner which will be displayed on their Site.
- have an indication of the position of the advertisement banners placed on their Site.
- have an overview of the incomes generated by the Sport50 Advertisement Network.
- will get a yearly discount of the amount generated through the Customers Site on their invoice of the next year.
By accepting an advertisement, the Customer agrees to the fact that this banner will be showed on predefined positions on their Site. The Customer has the right to disable an active advertisement at any time.
The amount generated through the Sport50 Advertisement Network can only be claimed for the subscription following the year where the amount was generated. If the Customer cancels the subscription, the Customer cannot claim the generated amount through the Sport50 Advertisement Network.
The amount raised through the Sport50 Advertisement Network is based on the number of impressions generated by the Customers Site.
- holds the rights to select Advertisement Partners.
- cannot be made responsible for the content on the banners provided by the Advertisement Partners.
- does not pledge a permanent amount of Advertisement Partners in the Sport50 Advertisement Network.
- has no influence on the impressions generated by the Customers.
10) Use of the Sport50 Database
Sport50 holds the intellectual property rights of the Sport50 Database. The copying of all or substantial parts of the Sport50 Database is not allowed without Sport50’s prior written consent.
Sport50 has created and the Sport50 Database which is being updated on a daily basis. Customers can interact with the Sport Database and Users, as well as Customers can access the data and information contained in the Sport50 Database.
The following information is part of the Sport50 Database and is available and can be accessed and updated by Customers only:
- Creation, modification and removal of Teams and leagues (Logo, address, founding year country)
- Creation, modification and removal of Player profiles (name, birthday, position, player number, height, weight, nationality, statistics, biography, photos and videos)
- Creation, modification and removal of game results
- Creation, modification and removal of game results, play-by-play action, game statistics, game-related quotes and other game-related data
- Creation, modification and deletion of standings, rosters and player statistics
- Creation, modification and deletion of image galleries, videos, and other media
- Creation, modification and deletion of stadiums, arenas and other sports locations, including their photos, addresses, and other geographical data
- Creation, modification and deletion of sponsors and sponsor categories
- Creation, modification and deletion of events, games, and attendances of users and fans for each game or event
Customers and Users further agree that they will not:
- Submit material that is copyrighted or otherwise subject to third party proprietary (or other) rights, including privacy and publicity rights, unless Customers/Users are the owner of such rights or have permission from the rightful owner to post the material and to grant Sport50 all of the license rights.
- Submit false information (see Section 8)
- Sport to comply with applicable law ; or
- if so ordered by any competent court ; or
- to fulfill any legal obligation ; or
- when a breach of the Terms and Conditions has occurred ; or
- for management operations of the Sport50 Database ; or
- if any data is inaccurate ; or
- if any data is entered by someone who is not authorised to do so ; or
Sport50 may correct or delete Sport50 Database data:
Sport50 may withdraw the service provided hereup from a User/Customer at any time and is entitled, in its sole discretion, to terminate or slow down access to the Sport50 Database for any reason, particularly a failure to adhere to the Terms and Conditions.
Sport50 may suspend access to the Sport50 Database, or part thereof, for maintenance purposes, upgrades, security fixes and deployment of new services.
Sport50 may remove the personal data of an individual upon request by this individual.
Visitors and Customers/Users agree that Sport50 cannot be made responsible for false information on a Player Profile, Teams, Leagues, Standings or results.Sport50 does not guarantee the accuracy, or completeness or availability of the Sport50 Database or of the data contained therein.
Use of the Sport50 Database and the data contained therein is at the User's/Customer’s own risk. Sport50 cannot be held liable for any direct or indirect damage of any nature whatsoever, arising from use of the Sport50 Database. Any breach of the rules of copyright or database right is subject to criminal penalties under the offense of infringement, without prejudice to any claims for damages from the copyright holders.
If Customers/Users become aware of misuse of the Sport50 Team Modules by any person or member of the Sport50 Network, they should please contact the Customer or Sport50 by email to firstname.lastname@example.org.
All Fees are subject to legally applicable VAT.
Most of the Packages and the related Services offered by Sport50 require payment of Fees. If Customers sign up for one these Packages, Customers shall pay all applicable Fees, as described on the Site depending on the selected Package and the chosen payment method.
All Fees related to the chosen Package are charged automatically using the payment method chosen by the Customer.
If the Customer does not pay the Fees within 14 (fourteen) days after the expiration of the contract, Sport50 will shut down the Customer’s Services until the Fees are paid.
Sport50 reserves the right to change its Fees at any time, upon notice to Customers if such change may affect Customers existing subscriptions. If Customers did receive a discount or other promotional offer, Sport50 shall have the right to automatically and without notice renew Customers subscription to such Sport50 Services at the fully applicable Fee.
Customers authorize Sport50 directly or through third parties, to make any inquiries it considers necessary to validate Customers account and financial information that Customers provided while signing up for such Services.
As part of registering or submitting information to receive paid Services, Customers also authorize Sport50 to request and collect payment from our payment provider or Customers designated banking account, and to make any inquiries Sport50 or its affiliates may consider necessary to validate Customers designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from Customers’ payment, credit card or banking account provider.
12) Duration and cancellation
Every contract is renewable by tacit consent on a minimum one year basis.
If Customers want to rescind the Contract, they must cancel the Contract in writing, at least 3 (three) months before the Effective Date.
If Customers do not pay the Fee within 14 (fourteen) days after the Effective date, Customers will no longer have access to their website and we may delete all information on Customers website. We accept no liability for such cancellation, disruption, deleted information or Content.
13) Disclaimer of warranties
Sport50 shall not be responsible for malfunctioning, interruption of Services, loss of data, accidental diffusion of personal or sensitive data and for any other damage due to fraudulent attacks such as data processing pirates, thieves, hackers, crackers, viruses and so on.
Sport50 cannot be made responsible for the Content on the Customer’s website, no matter if this Content was published by a Customer/User or any third party. The Customer bears full responsibility for the Content of his website.
Sport50 shall not be responsible if ever the Site contains typographical errors or other errors or inaccuracies and/or not be complete. We therefore reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time.
Under no circumstances shall Sport50 be held liable for any delay or failure in the Site and/or any of the Services and/or information on the Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Sport50, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.
Sport50 will not be liable for any losses arising out of a force majeure event.
14) Disclaimer of consequential damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL SPORT50, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SPORT50 SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SPORT50 SITE AND THE Sport50 CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPORT50 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15) No resale or unauthorized commercial use.
Customer/Users agree not to resell or assign rights or obligations under these Terms. They also agree not to make any unauthorized commercial use of any Sport50 Site.
Visitors and Customers/Users agree to defend, indemnify, and hold harmless Sport50, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other Material provided to any Sport50 Site, (ii) Customers/Users use of the Sport50 Database, or (iii) Cutsomers/Users breach of these Terms. Sport50 shall provide notice to Customers/Users promptly of any such claim, suit, or proceeding.
The use of the Site as well as the Contract between Sport50 and the Customers shall be governed by these Terms and Conditions and shall be subject to the material laws of the Grand Duchy of Luxembourg. Any disputes arising from these Terms and Conditions, or from the purchase order, or litigation of any other nature between Sport50 and visitors and Customers/Users shall be subject to the jurisdiction of the District Court of Grand Duchy of Luxembourg.
If any provision of the Sport50 Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the Sport50 Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
We may provide Customers/Users with notices via our Services, by e-mail or through any other contact means Customers/Users provided us.
The Sport50 Terms, and Customers/Users use of the Sport50 Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Sport50 and their Customers/Users.
Sport50 may transfer and assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Sport50 Services and/or Licensed Content to a third party, without Customers/Users consent or prior notice to Customers/Users. Customers may not assign or transfer any of Customers rights and obligations hereunder without the prior written consent of Sport50. Any attempted or actual assignment thereof without Sport50’s prior explicit and written consent will be null and void.