These General Conditions regulate the terms and conditions which governs the provision by Scout4Winners, hereinafter “Scout4Winners” the Scout4Winners service (“Service”) to the website user and associated sites, duly registered with the same (“User”).
2.1 The service is the provision by the User Scout4Winners, space for accommodation and dissemination of videos revealing capabilities and football talent of young people (athletes 10 to 21 years old). Video is any incorporation of sounds or images, separately or cumulatively, a sufficiently stable and durable material that allows their perception, reproduction or communication in any case, in no longer than 4 GB).
2.2 If Scout4Winners its sole discretion, the service will include the evaluation of football skills contained in the videos submitted by the registered user on the part of the Scout4Winners evaluators. The evaluation of football skills will be developed by Appraisers Panel present in Scout4Winners. For this purpose, it authorizes already since the evaluators Scout4Winners to carry out the assessments and publish the results thereof on the Platform.
2.3 Notwithstanding the following paragraph, it is not permissible to transfer videos with a size longer than 4 GB (unless the Scout4Winners authorizes such disclosure) or whose copyright or related rights are owned by third parties, without necessarily disclosure have authorization.
2.4 The Scout4Winners reserves the right to come to restrict, according to its sole discretion, access to the Service or part of the Service to certain commercial or strategic constraints or even the payment of a value.
3. ADHERENCE TO SERVICE
3.1 Joining the service is carried out online by registering with the website (“Platform”), and lacks necessarily the acceptance of these General Conditions, and compliance with all the procedures on pages available for joining the service. After registration on the Platform and acceptance of these General Conditions, the Scout4Winners send to you a message of e-mail confirming the registration.
3.2 Notwithstanding the following paragraph, the service starts when activating the service Scout4Winners sent, pursuant to the clause 3.1.
4. SERVICE ACCESS
4.1 To access the Service, you must enter all the data requested in the platform destined for the service, which are User identification elements, so that, as such, have personal and non-transferable (“Codes”).
4.2 The codes are for information and exclusive use of the User, which must ensure and protect in all circumstances, the confidentiality of data in particular not disclosing to third parties not operating under conditions that allow their decoding and copying.
4.3 The Scout4Winners shall not be liable for any loss or damage caused by misuse of the codes referred to in the preceding paragraphs, that you are not directly attributable to title fraud or serious misconduct.
4.4 Any use of the Service by third parties using the User Codes, with or without authorization of the latter, is considered performed by the user, unless proven otherwise.
4.5 For security reasons, they will not be allowed access to the service simultaneously, with the same codes.
4.6 User undertakes to:
a) Provide true information, concrete and updated on your personal data which is necessary for registration with the Platform, an integral part of these General Conditions;
b) Maintain and promptly update the data provided at registration on the platform so that they remain true, concrete and current.
4.7 Without prejudice to other rights, including to obtain compensation for damages, if the User makes available information wrong, outdated, incomplete or false, the Scout4Winners has the right, under Clause 8:
a) Suspend or cancel the registration on the Platform and the Service;
b) Do not allow the future access of the User to any services provided by Scout4Winners and associated partners (websites associated with Scout4Winners).
5. USE OF THE SERVICE
5.1 User, under the Act and these General Conditions, undertakes not to use, in any form, the Service, including but not limited to the following purposes:
a) Provide, post, transmit any content that is unlawful, threatening, malicious, abusive, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, that harms minors, banned or ethically reprehensible or any other reprehensible manner;
b) To make available, transmit, send any content that does not have the right to use, under any law, or any form of contract or protocol, including display videos that are not duly authorized by all stakeholders in their video;
c) To make available, transmit, send any content that infringes any registration or patent rights, trademark, trade secret, or any kind of registration or copyright or related to any person, entity or institution;
d) To make available, transmit, send any unsolicited or unauthorized content as promotional material such as “junk mail,” “spam,” “chain letters,” “pyramid schemes” or others with the same characteristics;
e) To make available, transmit, send, negligent or culpable, any material that contains software viruses or any other computer code, files or programs whose purpose is to interrupt, destroy or limit the functionality of any computer or computer system (hardware and software ) or telecommunications equipment;
f) Collect, store or otherwise make available in any format, personal information about other users;
g) To promote any aggression (physical, emotional, etc.) on any group or individual;
h) Provide content that promotes any commercial activity. This includes but is not limited to the following activities:
h1) offer for sale of any product or service;
h2) applications for sponsorship;
h3) promotion, contests or promotions that require any initial payment, “jewelry” or payment of registration;
h4) providing commercial messages ( “banners”) of any kind, including those generated by exchange service “banners”;
h5) availability of any content (text or graphics) promoting services offering money or any other counterparts, the User that put “links” to their servers;
i) Intercept and / or interfere illegally or improperly in any data, systems or equipment that is not authorized, even if only attempted to do in the way.
5.2 The User undertakes also not to sell, resell, rent, lease, reproduce, copy, or scan, whatever the format used, the service provided by Scout4Winners. The user further undertakes not to allow the use of the Service in direct or indirect benefit of third parties without the prior written consent of the Scout4Winners.
5.3 The User is obliged, not to violate or attempt to violate the rules of protection of technological measures and information for the electronic management of rights under the Copyright and Related Rights Code, in force, and related legislation.
5.4 The User is obliged to make a responsible and careful use of the Service, being the same as your sole responsibility.
5.5 The User agrees to indemnify Scout4Winners and its partners, employees and collaborators, if the violation of these Terms or the Law entail any expense or cause any direct damage to this.
5.6 The above expenses include, but are not limited to payment of fees to lawyers, payment of third party damages caused by the User’s content, payment of legal expenses.
6. INTERNATIONAL USERS
Recognizing the global nature of the Internet, the User is bound and already undertakes to comply, in addition to the General Conditions, the Portuguese, Community legislation and any other that is applicable and, in particular, it relates to its conduct in online (“online”) and the type of content that provides applying to these users the consequences set forth herein for the improper use or contrary to the rules of service.
7. HOSTED CONTENTS
7.1 The Scout4Winners not claim authorship of the contents lodged in it that are in the areas of its users and their use is only permitted with the written authorization of the User. However, the User, to put their content on the platform, is providing a free, universal and non-exclusive license to Scout4Winners so that it can make available to the public such content, in order to disseminate them in the platform or in any other space managed by Scout4Winners. The authorization shall cease at the time when the user chooses to remove their content from the platform and void or cancel your participation in the Service.
The Scout4Winners shall not, at any time, be liable civil or criminally for the content hosted by the User on the Platform.
7.2 The User is solely responsible for the content itself housed, made available and disseminated, and shall ensure, to the effect, obtaining the necessary licenses or permits (including permits the participants in the contents above mentioned) and that these contents do not violate industrial property rights, copyright or related rights of third parties or any applicable law or regulation.
7.3 The Scout4Winners is not required to pre-viewing, viewing or controlling any contents lodged in the Service. However, Scout4Winners may, in accordance with the law and these General Conditions, refuse or remove any content that violates the provisions of this clause and Clause 5.
7.4 Regardless of other consequences provided for in these terms and conditions or in the law, if the content in question is circumscribed in Section 5.1 of these General Conditions, the refusal or removal in accordance with Clause 8, does not require any communication, prior or subsequent to the User.
7.5 If such content is not limited in Clause 5, but the sole discretion of Scout4Winners, or not in accordance with the spirit and image Scout4Winners the Scout4Winners reserves the right to refuse or remove, upon notice under Clause 8th. the service simply by the effect the invocation of this provision, regardless of any reasons.
7.6 You acknowledge, accept and authorize Scout4Winners to place advertising and / or allusive references to partners / advertisers on the content hosted by the User on the Platform, committing the user, therefore, to obtain the necessary authorizations for any right holders content.
8. SUSPENSION AND DEACTIVATION OF SERVICE
8.1 You agree that Scout4Winners, according to its sole discretion, may at any time with or without notice, cancel the registration on the Platform, suspend use of the Service and remove or suspend any content from your servers, in the face the lack of use or incompatible and inconsistent performance in relation to the spirit or the letter of these terms and conditions or applicable law.
8.2 Independently of any prior or subsequent communication, Scout4Winners may, at any time according to its sole discretion, cease to provide the Service and or of the service to one or all users.
8.3 The Scout4Winners reserves also the right to immediately suspend or terminate access to the Service if:
a) In the same session, the user make 3 consecutive attempts to enter incorrect access code;
b) The Service did not have any use for a period of two (2) consecutive months;
c) The User does not observe the conditions of use referred to in clauses 4th, 5th and 7th above.
8.4 If access to services is suspended for the reasons given in paragraphs a. and b. Clause 8.3., the User may make new application for access, acting as provided in clause 4.ª.
8.5 The Scout4Winners fully remove the contents and cease all records that have not had any updates for a period of twelve (12) consecutive months.
8.6 The suspension or termination of service by Scout4Winners pursuant to the preceding paragraphs does not entitle the User or third parties to any compensation or other compensation, not being able to Scout4Winners be liable or any unencumbered way for any consequence resulting from the suspension, cancellation, termination of service.
8.7 In situations not forth in 5th and 18th of these General Terms, Scout4Winners previously notify the user, so you can, wanting to safeguard the contents of your area in three (3) working days of e-submission mail or making available information on the main service page.
9. SECURITY TERMS OF SERVICE
9.1 The User expressly acknowledges and agrees that the IP network is a public network capable electronic communications use by multiple users, and as such, subject to computer overloads, so Scout4Winners does not guarantee the provision of the service without interruption, loss of information or delays.
9.2 The Scout4Winners does not guarantee also the provision of service in unpredictable overload situations of the systems in which it is supported or force majeure (extraordinary situations or unpredictable nature, outside the Scout4Winners and that the same cannot be controlled).
9.3 In case of interruption of the provision of the service for reasons of unpredictable overload of the systems in which it is supported, the Scout4Winners undertakes to regularize their operation with as soon as possible, although not likely to motivate or generate the right any compensation or compensation.
10. PRIVACY AND PERSONAL DATA
10.1 Identified personal data when registering on the Platform, as mandatory supply is indispensable for providing the service by Scout4Winners. The omission or inaccuracy of the data provided by the User are your sole responsibility and can lead to the refusal to provide the Service by Scout4Winners.
10.2 The User’s personal data will be processed and stored and are intended to be used by Scout4Winners under contractual and / or business relationship with the User.
10.3 Under the applicable legislation, is guaranteed to the User, without additional charges, the right to access, correct and update their personal data, directly or through written request, as well as the right to object to their use for the intended purposes in above, and therefore to contact the entity responsible for processing the personal data through the platform.
10.4 Given that the Internet is an open network, personal data, other personal information and content hosted on the Service may move on without security network running, including the risk of being accessible and used by unauthorized parties for the and cannot be held responsible for the Scout4Winners such access and or use. On the other hand, when using the service, whether in the view User’s available space is the viewpoint of content viewer, it should be noted that may be exposed to that content, contrary independently to / from the will of Scout4Winners, violate the rules of these Terms General.
10.5 By this, it authorizes Scout4Winners to provide your contact information (or their legal representative if the user is under 18) to the Scout4Winners partner clubs, upon their request to Scout4Winners.
11. PROCESSING OF PERSONAL DATA BY THE USER
The User is obliged to comply with the legislation applicable to the processing of personal data, in particular the Law 67/98, of October 26, in its current wording on the protection of personal data and to observe the rules of Decree-Law No 7/2004 of 7 January, the wording in force, in particular those relating to communications sent whose reception is independent of the recipient’s intervention.
12.1 The platform through which the user has access to the Service has adequate security levels. Yet Scout4Winners will not be responsible for any losses incurred by the User and / or third parties, due to delays, interruptions, errors, and communications suspensions they are based on factors beyond its control, in particular, any deficiencies or failures caused by network communications or communications services provided by third parties, by the computer system, the modems, the connection software or any computer or resulting virus downloading (“download”) through the infected files Service or contain viruses or other properties that may affect the equipment terminal User, particularly where this fails to install the appropriate software to protect access to the Service.
12.2 Data queries and information made under this service, be deemed to be made by the User, declining to Scout4Winners any liability abusive or fraudulent use of the information obtained.
12.3 The elements and transmitted information and request services requested by the user in the Platform will enjoy full legal effect and cannot claim the user the lack of signature for breach of obligations.
12.4 The Scout4Winners is not responsible for loss or damage arising from defective compliance or fulfillment of service where this is not it directly or indirectly attributable to the title of malice or gross negligence is not responsible, inter alia, (i) errors, omissions or other inaccuracies on information available through the Service; (ii) damage caused by user’s fault or third parties, (iii) the failure or defective performance resulting from compliance with court decisions or administrative authorities or (iv) failure or defective performance resulting from the occurrence of force majeure, extraordinary nature of situations or unpredictable, outside the Scout4Winners and that the same cannot be controlled, such as fire, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Scout4Winners that prevent or hinder the fulfillment of the obligations assumed.
12.5 The User expressly agrees that use of the Service is done at your own responsibility. The Service is provided as presented. The Scout4Winners expressly disclaims any warranty, express or implied, including, but not limited to warranties of non-infringement and violation of rules by the User.
12.6 The Scout4Winners not in any way guarantee that:
i) The Service meets any needs or expectations;
ii) The Service is provided on an ongoing basis, be safe, with no errors or work in infinite form;
iii) The results achieved through the use of the Service is correct, true, proper or reliable;
iv) The quality of any product, service, information or other material purchased or obtained through the Service meets any expectations;
v) Any error in the software will be mandatorily fixed;
vi) Any material obtained in any way through the use of the Service is used by account and risk of the User, which is solely responsible for any damage to your system and computer equipment or any loss of data that results from this operation;
vii) No advice or information, whether oral or written, obtained by User or through the Service shall create any warranty not expressed in these terms and conditions.
12.7 You agree, peremptorily, that Scout4Winners can in no way be liable for any damages including, but not limited to damages for loss of profits, data, content, or other loss (even if it has been previously warned by user about the possibility of such damages), resulting from:
i) The use or inability to use the Service;
ii) The difficulty of obtaining any substitute goods, alternative or complementary service of the Service;
iii) The unauthorized access to personal databases of the Service;
iv) The unauthorized modification to the service databases.
13. LINKS TO OTHER WEBSITES
The User may provide links to other sites on the World Wide Web (WWW) or content that are hosted on other servers, as long as identify, visible and notoriously, these connections. The Scout4Winners has no responsibility or control over the content that is hosted on servers of other companies, institutions, organizations, public and or private and private.
14. INTELLECTUAL PROPERTY
14.1 Unless the situations provided for in these Terms and Conditions, the service provided by Scout4Winners through the Platform is the responsibility of Scout4Winners.
14.2 You acknowledge that the Service and all software related to it contain confidential information and is protected by copyright and related and other applicable legislation.
14.3 You acknowledge that any content appearing in advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, industrial property rights and other proprietary protection laws. Unless previously authorized in writing by Scout4Winners, by advertisers or sponsors for this purpose, the User may not modify, rent, lease, give, loan, sell, distribute or create derivative works whose creative base is considered, in whole or in part as the work of another person shall, in both the Service and the software it applied or constant content in public areas of the site.
14.4 To use the service, the Scout4Winners gives each user a personal, non-transferable and non-exclusive license for the use of their software to a single computer code. To this end, the User agrees not to copy, modify, create a derivative work, redesign, reverse or otherwise attempt to discover any source code, sell, assign, sublicense, transfer or change in any way the software.
14.5 The User agrees not to modify the software so no, or to use modified software forms, including for the purpose of obtaining unauthorized access to the Service or to any reserved content.
14.6 The User agrees not to attempt to access or access to the Service in addition to the resources provided by the Service formally to the effect.
14.7 Failure to comply with the provisions of this clause by the user and liable to generate damages or compensation to Scout4Winners.
15. COMMUNICATIONS AND NOTIFICATIONS
15.1 Without prejudice to other forms of communication provided for in the General Conditions, the notifications made to the user that are related to the Service or their relationship with Scout4Winners, including any amendments to the General Conditions, may be made to the email address indicated by the User in the register on the Platform or through the main service page for 5 (five) working days, committing the user from the outset to ensure the maintenance of the indicated e-mail address or notify the Scout4Winners any modification thereof.
15.2 If the user wishes to contact with Scout4Winners, you can do so via e-mail indicated in the main Service page for that purpose.
15.3 The summons and notifications to the User shall be made to the address indicated by this in the register on the Platform.
15.4 The User is obliged to notify the Scout4Winners any change of address indicated by the User on registration with the Platform, within 10 days from the date of the change.
15.5 For the purposes of these Terms, any time shall run from the date of receipt or public disclosure of the communication.
16. VIOLATIONS AND INFRACTIONS
All violations and or violations of these Terms or any legal provision should be communicated to Scout4Winners, to act the way it deems most appropriate, within the legally established limits and set out in the General Conditions.
17. DURATION AND TERMINATION
Service starts on date of accession and shall be valid for an indefinite period and may cease by simple communication Scout4Winners the User, sent with at least fifteen (15) days before the date of termination.
18.1 Without prejudice to clause 8, either party may terminate the use of the Service in the event of default or defective performance of any of the obligations assumed by the other under these Terms.
18.2 Cessation operates five days written after receipt of the notification sent by one party to the postal address of the other party, invoking the respective foundations and imports the immediate termination of any rights and obligations, subject to possible damages to either party is entitled.
19. CHANGES TO THE TERMS OF ACCESS AND USE
19.1 You agree that Scout4Winners may establish general practices and limits regarding the use of the Service. For this purpose, any significant changes to the Service or changes to these terms and conditions will be communicated in advance to the User, by any appropriate means, with at least fifteen (15) days before the date of its entry into force, which will have options non-acceptance or adherence to new conditions proposed.
19.2 In case of non-acceptance of the changes, the user, up to 8 days before the deadline referred to in Section 19.1, may terminate the Service in writing, referring the complaint to the electronic mail address of Scout4Winners.
19.3 The complaint referred to in the preceding paragraph shall take effect on the date of entry into force of the amendment to these conditions.
19.4 The termination of the contract pursuant to the preceding paragraphs does not matter entitled to any damages or other compensation.
20. LAW AND JURISDICTION
20.1 All matters governed by these conditions is applicable Portuguese law, unless the law provides otherwise.
20.2. In case of dispute in the interpretation or application of these conditions, it is the competent court of the district of Leiria, Portugal, with express waiver of any other.