PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
1. Key Terms
1. EasyProFootball (“EPF”) provides an online platform that allows to its users to promote their professional profile, to connect with actors of the football market, to exchange information or other communications relative the professional life of a footballer (collectively, the "Services"), which Services are accessible at www.easyprofootball.com and any other websites through which EPF makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
2. There Terms of Service are between you and EPF.
● "Member" means a person who completes EPF’s account registration process, A under "Account Registration" below.
● "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in his/her/its account made available through the Site, Application or Services.
● "Collective Content" means Member Content and EPF Content.
2. Terms of Service
2. The site, application and services comprise an online platform through which users might connect with each other. You understand and agree that EPF is not a human resource agency, and EPF itself is not a party actively participating in any communication. EPF has no control over the conduct of members and other users of the site, application and services or members participating at any communication, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create a connection on EPF, you understand and agree that your relationship with EPF is limited to being a member, and not an employee, agent, joint venturer or partner of EPF for any reason. EPF has the right to control, modify and alter the content that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of EPF. you acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our services, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content.
3. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
EPF reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
5. How the Site, Application and Services Work
1. The Site, Application and Services can be used to facilitate scouting or employment recruitment. Our mission is to give to football market’s actors the power to build community and bring them closer together
2. As stated above, EPF makes available an online platform which allows Members to meet online and arrange for any type of professional exchanges or promote their professional profile collectively or privately.
3. EPF is not a recruitment agency. Unless explicitly specified otherwise in the EPF platform, EPF’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
4. please note that, as stated above, the site, application and services are intended to be used to facilitate members connecting with each other. epf cannot and does not control the content published by each member. epf is not responsible for and disclaims any and all liability related to the posts, publications or information provided by the members.
6. Account Registration
1. In order to access certain features of the Site and Application, you must register to create an account ("EPF Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
2. You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your EPF Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to EPF through the Site, Services or Application; or (ii) allowing EPF to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to EPF and/or grant EPF access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating EPFto pay any fees or making EPF subject to any usage limitations imposed by such third-party service providers. By granting EPF access to any Third-Party Accounts, you understand that EPF will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your EPF Account and EPF Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your EPF Account on the Site, Services and Application.
3. Please note that if a Third-Party Account or associated service becomes unavailable or EPF’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. EPF makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and EPF is not responsible for any SNS Content.
4. Your EPF Account and your EPF Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active EPF Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. EPF reserves the right to suspend or terminate your EPF Account and your access to the Site, Application and Services if you create more than one (1) EPF Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
5. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your EPF Account, whether or not you have authorized such activities or actions. You will immediately notify EPF of any unauthorized use of your EPF Account.
7. No Endorsement
1. EPF does not endorse any Member, activity or event created by the Members.
2. Members are required by these Terms to provide accurate information. Although EPF may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
3. Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by EPF about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable.
4. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from EPF with respect to such actions or omissions.
8. User Conduct
1. You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
● violate any local, state, provincial, national, or other law or regulation, or any order of a court;
● use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
● use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies EPF endorsement, partnership or otherwise misleads others as to your affiliation with EPF;
● dilute, tarnish or otherwise harm the EPF brand in any way, including through unauthorized use of Collective Content, registering and/or using EPF or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to EPF domains, trademarks, taglines, promotional campaigns or Collective Content
● copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
● infringe the rights of EPF or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
● interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
● use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
● use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
● "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of participating together in a EPF as a EPF Member;
● register for more than one EPF Account or register for a EPF Account on behalf of an individual other than yourself;
● recruit or otherwise solicit any Member to join third-party services or websites that are competitive to EPF, without EPF’s prior written approval;
● recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
● impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
● use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
● violate these Terms;
● engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
● post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
● systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
● advocate, encourage, or assist any third party in doing any of the foregoing
2. EPF has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
3. EPF may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against EPF or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of EPF, its users, or members of the public. You acknowledge that EPF has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
If you participate in a conversation, collective or individual in EPF with anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to EPF by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
10. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Switzerland and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of EPF and its licensors. All trademarks, service marks, logos, trade names, and any other proprietary designations of EPF used on or in connection with the Site, Application, Services, and EPF Content are trademarks or registered trademarks of EPF in Switzerland and abroad. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
11. Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
12. EPF Content and Member Content License
1. Subject to your compliance with these Terms, EPF grants you a limited, non-exclusive, non-transferable license, to (i) access and view any EPF Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EPF or its licensors, except for the licenses and rights expressly granted in these Terms.
13. Member Content
1. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through EPF promotional campaigns, you hereby grant to EPF a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services.
2. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through EPF promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through EPF promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to EPF the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or EPF’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or EPF promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that EPF is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EPF of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
15. Copyright Policy
EPF respects copyright law and expects its users to do the same. It is EPF’s policy to terminate in appropriate circumstances the EPF Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
16. Term and Termination, Suspension and Other Measures
This Agreement shall be effective for a 365-day term, at the end of which it will automatically and continuously renew for subsequent 365-day terms until such time when you or EPF terminate the Agreement as described below.
A. Termination for convenience You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your EPF Account, any connection, post, conversation or other activities will be automatically cancelled.
Without limiting our rights specified below, EPF may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
B. Termination for breach, suspension and other measures EPF may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the EPF Account registration, (iii) you have violated applicable laws, regulations or third party rights, or (iv) EPF believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, EPF or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If you choose to use the site, application, services or collective content, you do so at your sole risk. You acknowledge and agree that EPF does not have an obligation to conduct background or registered sex offender checks on any member, but may conduct such background or registered sex offender checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future. The site, application, services and collective content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, EPF explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. EPF makes no warranty that the site, application, services, collective content, including, but not limited to the recruitment or engagement of football players. EPF makes no warranty regarding the professional competences any member or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application or services. No advice or information, whether oral or written, obtained from EPF or through the site, application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, members of EPF. You understand that EPF does not make any attempt to verify the statements of users of the site, application or services. EPF makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. you agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, members of EPF, particularly if you decide to meet offline or in person regardless of whether such meetings are organized through EPF. EPF explicitly disclaims all liability for any act or omission of any member or other third party.
18. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, and any contact you have with other users of EPF whether in person or online remains with you. neither EPF nor any other party involved in creating, producing, or delivering the site, application, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not EPF has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You agree to release, defend, indemnify, and hold EPF and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your interaction with (i) any Member, or (ii) creation of a group, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your participation or realization of a EPF by you.
20. Entire Agreement
Except as they may be supplemented by additional EPF policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between EPF and you regarding the Site, Application, Services, Collective Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between EPF and you.
You may not assign or transfer these Terms, by operation of law or otherwise, without EPF’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. EPF may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by EPF (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
23. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the Canton of Geneva and Switzerland, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Canton of Geneva, Switzerland, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of EPF to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EPF. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
25. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
26. Contacting EPF
If you have any questions about these Terms, please contact EPF.