We indicate below the general contractual conditions that will govern the use of the Site also in relation to comments that you enter in the mobile application and visible on the website (hereinafter the "Comment" or the "Comments").
Please note that for Comments made by a minor, these contractual conditions will necessarily have to be accepted by a parent, in the name and on behalf of the minor in question.
Further rules and conditions may be set forth by the Company to govern the individual services offered on the Site: the User/Customer must comply with them in order to use the relevant services.
1. RESPONSIBILITY FOR COMMENTS
1.1 You acknowledge and agree that the Company will not carry out any prior checking and/or any moderation in relation to Comments, therefore:
A) You are responsible for any text or material posted by you on the Site;
B) Publication of Comments written by you does not represent the expression of the Company's positions or opinions; in particular, Sportclubby Srl does not recognise the contents of such Comments as its own;
C) The Company shall not be liable to third parties for such Comments unless it can be proven in some way that the Company is aware of such Comments and is technically able and in a position to prevent their publication and where there is a liability under the General Conditions of Use;
D) Sportclubby Srl reserves the right at all times to check, screen, not publish and/or delete any Comment.
1.2 Notwithstanding the provisions of clause 2.8 below, you acknowledge and accept that in the event of a breach by you of any clause of these General Terms and Conditions, upon request of the competent public authorities, Sportclubby Srl may provide them with your IP address as it appears on the Company's servers.
2. GENERAL CONDITIONS OF USE OF THE SITE
2.1 Your use of the Site is subject to the following General Conditions of Use
2.2 LicenceThe Company permits you to use this Site exclusively for your personal use and for information purposes only, as governed by these General Conditions of Use. This right of use may be revoked by the Company, at its own discretion, at any time. Except as permitted by these General Conditions of Use or by law, you may not copy, use, transfer, rent, sub-license, lend, modify, adapt, attempt to modify or alter the source code, reverse engineer, decompile, disassemble or otherwise operate on the content of the Site, in whole or in any part. The information and services included in this Site have been compiled from a variety of sources and exclusively for informational and entertainment purposes. By accessing the Site, you assume the risk that its content may be incomplete, inaccurate, out of date or may not meet your needs and requirements.
2.3 Intellectual Property Rights.The Site and all of its content, including, but not limited to, articles, opinions, other texts, directories, guides, photographs, illustrations, images, video and audio clips and advertising texts, as well as trademarks, logos, domain names, company or service marks and any other material that may be the subject of privative rights (including source code) and/or any other form of intellectual property (hereinafter referred to collectively as the "Material"), are the property of Sportclubby Srl or other third parties, and are protected against unauthorised use, copying and dissemination by national copyright, trademark, advertising and other laws and by international treaties. Nothing contained in these General Conditions of Use and/or the Site shall be construed as conferring by implication, acquiescence or otherwise, a licence or right to use any Material in any way without the prior written consent of the Company or the third party that owns the Material or the intellectual property published on the Site. Unauthorised use, copying, reproduction, modification, re-publication, updating, downloading, sending by post, transmission, distribution or duplication or any other unauthorised use of the Material is prohibited. As a user of the Site, you agree not to use the Material for illicit purposes and not to violate the rights of the Company.
2.4 Trademarks and distinctive marks of the Customer.The Customer authorises Sportclubby to use the registered trademarks and distinctive signs of the Customer that will be published in the Application and/or within the Platform (“Registered Trademarks”). The Customer's registered trademarks will remain on the Platform even after the end of the existing contractual relationship. To this end, the Customer grants a free, indefinite and non-exclusive licence, which is freely revocable, subject to a reasonable six-month notice period, to publish trademarks on its website. Sportclubby is not obliged in any way to check whether the registered trademarks of its customers are up to date.
2.5 Exclusions and limitations of liability.The Site and all the Material contained therein are distributed on an "as is" basis without any express or implied warranty of any kind, including, without limitation, warranties of title or implied warranties as to quality or fitness for a particular purpose and those arising from law or trade usage. The Company is not liable for any so-called "viruses", infection or otherwise harmful effects that may be caused to your computer system, or for any delays, inaccuracies, errors or omissions resulting from your use of the Site or regarding its content, insofar as this is not caused directly or indirectly by the Company's negligence. The Company shall not be liable for any damage that may arise, directly or indirectly, from use of or inability to use the Site. The Company assumes no responsibility for the accuracy, content, products, services or availability of information or software provided on the Site. You acknowledge that any message or material sent to the Company or to third parties via the Internet network through the Site may be read or intercepted by other parties. You also acknowledge that sending communications via the Internet may not be completely secure or confidential, and you must therefore consider this possibility before sending any personal or confidential information to the Company or third parties via the Site. It is your responsibility to ensure that your computer is adequately protected against viruses, unauthorised access or other security breaches. The Company shall not be liable for any damage that may be caused to any user's computer as a result of any breach of security or any virus, bug, tampering, unauthorised action, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, failure of computer lines or any other technical or other defect, whether such an event is related to Internet transmission initiated through the Site or otherwise and which is not a direct or indirect result of the Company's negligence. The Site may also contain facts, opinions, points of view, statements or recommendations of third parties, both natural or legal persons. The Company does not represent or warrant the accuracy, currency or reliability of any such facts, opinions, views, statements and/or recommendations or other information displayed or distributed through the Site.
2.6 Indemnityou undertake to indemnify and hold harmless the Company as well as its representatives, partners and employees against any damage, liability, recourse or claim for compensation, including the costs of legal defence to a reasonable extent, made by third parties as a result of your use of the Site in a manner that is not compliant with these General Conditions of Use of the Site, and/or violations of the conditions set out herein, and/or non-compliance with the declarations and guarantees set out in these General Conditions of Use of the Site, and/or the Comments posted by you on or via the Site.
2.7 Linked websites.
LThe Company is not necessarily affiliated with any website to which links exist on the Site and is not responsible in any way for the content of such websites. Such links are provided solely for your convenience and access to such sites is at your own risk. A link from the Site to any other website does not imply that the Company approves, endorses or recommends in any way said website or has any control over any element of the content of said website.
2.8 Third Parties.Any dealings or communications conducted through the Site with any third party other than the Company are solely between you and that third party. Certain sections of the Site may provide links to websites/play stores that allow you to be informed about their content or subscribe to related services. These operations may be conducted by third party partners or vendors. In no event shall the Company be liable for any goods, services, resources or content made available through such dealings or communications with such third parties, or for any related damages. Please carefully review the practices and policies adopted by such third parties before entering into any transaction. Any complaints, claims or questions you may have regarding materials or information provided by third parties should be sent directly to such third parties.
2.10 Violation of the General Conditions of Use of the Site.
The Company will assess your compliance with these General Conditions of Use at its sole discretion. Any violation thereof may result in the withdrawal of the licence for use granted by the Company in accordance with these General Conditions of Use at any time and the Company may enforce its rights to the fullest extent permitted by law..
2.11 Payment by App.
In the case where subscription services are acquired, the Customer may activate the connection with the Stripe platform in order to receive payments from the app at the time of booking by users of the Sportclubby mobile app. The Customer can register for this service in the corresponding section of the platform area created by Sportclubby S.R.L by clicking on the “Connect with Stripe” button in the “Branches” section, entering the data and general information required. If the User issues payment from the App, the transaction shall be subject to a deduction of 3%+0.25 euros, of which 1.4%+0.25 euros will be paid to the Stripe platform and 1.6% to Sportclubby S.R.L for the administration of the service. Registration for the Stripe platform is free of charge; the aforementioned commissions will be activated only in the event of actual payment from the app. For information and explanations, please visit www.stripe.com.
2.12 Using the VIDEO section
When acquiring subscription services, the Customer may activate the “Video” section.
By activating the “Video” section, the Customer connects his YouTube channel to his Sportclubby page via the YouTube APIs in order to share videos of various content within the management system/app. Please consult the Term & Conditions
Third party providers connected to the site will be able to access various content owned by the Customer including video metadata, video content, or cookies linked to the third party IT services. (YouTube; Google). Sportclubby shall not use the videos uploaded to YouTube channels by the Customer in any way whatsoever, except for the sole purpose of sharing the content uploaded by the Customer within the Video section under the terms indicated by the Customer.
Any operations performed by the Customer on third-party websites are to be considered exclusive between the Customer and the third party. (2.8 Terms and Conditions)
For further information on the use of data and data protection by third parties such as Google, the following Google privacy policies can be consulted
Should the Customer wish to revoke consent given to third parties for the handling of his data, he may revoke this consent at any time by clicking on the Google security setting page; this action will delete cookies linked to the site and managed by third parties.
3. DECLARATIONS AND WARRANTIES PROVIDED BY YOU AS THE USER/CUSTOMER.
You declare and warrant as follows:
a. that you are of legal age under Italian law (over 18 years of age);
b. that you have read and understood the General Conditions of Use of the Site;
c. that you will refrain from reproducing, duplicating, copying, selling, reselling and in any way exploiting the Site or its contents or any part thereof for commercial purposes, as well as from reproducing or in any way using the trademarks and logos of Sportclubby Srl, and that you will not publish or use false, slanderous or defamatory information;
e. that you will refrain from any form of use, direct and/or indirect, of the Service and the Site contrary to law, public order and morality, or not in accordance with the provisions of these General Conditions of Use of the Site or those on the Site;
f. that you shall refrain from posting any comments on the Site that are obscene, offensive, violent, defamatory, damaging to personal dignity, blasphemous and, in particular, comments containing racist statements or statements promoting the inferiority or superiority of one race, people or culture over another or over minorities; condoning crimes against humanity; incitement to hatred or violence; sexually explicit, pornographic or child pornographic content; threats or harassment; information or messages that provide instruction on illegal activities, induce illegal activities or that may cause harm to third parties; incitement to dangerous behaviour with a risk of emulation by minors or incitement to use drugs or mistreat animals; messages, including hidden messages, of a promotional and/or advertising nature; images unsuitable for minors under the age of 18.
g. that you will not spread viruses, spyware, adware, rootkits, backdoors, Trojans and other similar computer threats;
h. that you will not use software or other automatic or manual mechanisms to copy or access the pages of the Site or their content.
4. Statements and Notices
4.1 Statements, notices and other communications to the Customer/User may be transmitted by standard mail, electronic mail, publications on the Platform or the Site, or by any other means of communication. The contact details for Sportclubby are:
Registered office, Corso Re Umberto 54, 10128 TO
Operational offices, Via Davide Gagliardo, 7, 16043 Chiavari; Corso Francesco Ferrucci, 112, 10138, TO.
The Customer shall be solely responsible for updating his or her postal address and registered e-mail address. Sportclubby shall not be responsible for notices not received where the Customer has not updated his/her account information. Without prejudice to the foregoing, Sportclubby may issue notifications regarding changes to the Service by displaying notices or links on the Site.