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1.1 In these User Conditions, the following terms are used with a capital letter, both in the singular and in the plural. By these terms is intended as follows:
2.1 Sportpartner is authorised at all times to modify and/or supplement these User Conditions. The most recent User Conditions can be found on the Website or are brought to your attention while using the Service. If you continue to use the Service after the modification and/or supplementing of these User Conditions, you thereby accept the modified or supplemented User Conditions irrevocably. If you do not accept the modified and/or supplemented User Conditions, your only option is to stop using the Service and to remove your Profile.
3.1 The Service offers you the possibility of posting a Profile which other Users and visitors to the website can see. The purpose of the Service is to bring together people to play sports through the website. Based on a Profile, Users can form an opinion of the characteristics and qualities of another User.
3.2 The Service consists of the provision of access to the Databank with other members who are looking for a sports mate and who can be contacted to arrange a sports appointment. On the Website, further conditions can be set under which the User is able to make use of the Service. These further conditions regard, amongst other things, the manner in which Profiles can be created and posted.
4.1 To make use of the Service, you must create a Profile in the manner described on the Website. It is emphatically not permitted to create a Profile in somebody else’s name. During registration you must submit Log-in Data with which access to your Profile can be obtained.
4.2 You are responsible yourself for keeping secret your Log-in Data. It is not permitted to provide your Log-in Data to third parties. You are liable for all use made of the Service through your Log-in Data. Sportpartner may assume that you effectively are the person signing in with your Log-in Data. As soon as you know or have reasons to suspect that your Log-in Data has fallen into the hands of unauthorised persons, you must inform Sportpartner accordingly, without prejudice to your own obligation to take effective measures yourself, such as the changing of your Log-in Data. Sportpartner is not liable for damage flowing from any unauthorised access to or use of the Website and/or Service by third parties.
4.3 Sportpartner has the right at all times, without prior announcement and without becoming indebted or liable towards you, to (i) apply procedural and technical modifications and/or improvements to the Service, and (ii) (temporarily or permanently) deactivate, limit, or remove the Service or your Profile.
4.4 Sportpartner is neither liable nor indebted in any manner towards you for any damage flowing or resulting from the (temporarily) being unavailable or the (intermediate) outage of the Website and/or the Service.
4.5 Sportpartner does not give any guarantees, promises or safeguards regarding the quality, safety, legitimacy, integrity, and correctness of the Website and the Service, unless it is established otherwise in these User Conditions.
4.6 You are responsible yourself for the purchase and/or proper functioning of the infrastructure and sound telecom facilities (including internet connection) which are required to be able to make use of the Service.
5.1 Sportpartner has no knowledge of and/or involvement in the Content. Sportpartner is not a mediation agency. The purpose of the Service is solely to bring together people who are looking for a mate to play sports with. Sportpartner does not carry out controls regarding the qualities and characteristics of Users. Sportpartner therefore does not accept any responsibility for the quality and characteristics of the Users and is not liable for any damage flowing from placed advertisements or selected candidates.
5.2 You must make a selection yourself, enter into conversations and make arrangements based on your own wishes and criteria. The selection and decision to maintain contact with a certain User or to make an appointment are under your control entirely. Sportpartner emphatically does not have involvement in the contact which is established in connection with the Service between the Users, nor in such appointments and/or arrangements as may result from this contact. In case you are dissatisfied, or you have a complaint about a User, you can report this by contacting the customer service of Sportpartner.
5.3 You are fully responsible and liable yourself for all actions which you take with the aid of the Website and/or Service.
5.4 It is not permitted to the User and/or Visitor to:
Article 6 Content
6.1 You acknowledge and accept that the Profiles and/or other Content which you make available through the Service can be used by Users. You acknowledge that Sportpartner has no influence over compliance with these User Conditions by other Users and/or third parties.
6.3 Sportpartner reserves itself the right to abridge, modify, refuse, or remove Content from the Website if this is necessary in the opinion of Sportpartner, without this being able to lead in any manner to any entitlement of yours to being compensated for damages and/or to liability of Sportpartner.
6.4 If you are of the opinion that certain Content infringes on your rights or the rights of another User or a third party, you will forthwith report such to Sportpartner by the way specified in article 12.
7.1 Depending on the subscription you have selected, you can acquire the Service for free or against payment. The price for the use of the Service depends on the subscription you choose. The subscriptions and associated prices are listed on the Website. The subscription costs for subscriptions which have been concluded through the iPhone App are higher, because a part of the transaction costs which Apple applies monthly is passed on to the User. You can cancel a subscription which was concluded through the iPhone app by way of your iTunes account. Prices are inclusive of VAT and other government-imposed levies, unless indicated otherwise.
7.2 Sportpartner is authorised to modify the applicable prices at a notice of at least three months. If you do not wish to accept such an adjustment, you can cease the use of the Service and remove your Profile against the date on which the modification would become effective, or choose for a free subscription while retaining your Profile.
7.3 Payment takes place in the manner described on the Website. In case of late payment, Sportpartner has the right to rescind the agreement with immediate effect or to suspend or limit access to the Service until the moment on which you have fulfilled all your (payment) obligations, also including costs and interest.
7.4 Complaints regarding invoices and/or the Service do not suspend your payment obligations.
8.1 The Intellectual Property Rights regarding the Service, including in any case the Website and the Databank, as well as the information which is made available through the Website and Service, such as the texts, look-and-feel, templates of the Profiles, video, audio, and visual or photographic material, with the exception of the Content, lie with Sportpartner and/or its licensors.
8.2 Under the conditions set in these User Conditions, Sportpartner grants you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to access to and use of the Service, including the Databank, the Content and the Website, for the purposes as described in these User Conditions.
8.3 In principle you retain the Intellectual Property Rights regarding the Content posted by you. You acknowledge and accept that you, by making available/uploading Content, automatically grant to Sportpartner a free, world-wide, irrevocable, sub-licensable and transferable license to render public and multiply this Content and to insert it in the Databank, to the extent this is required in the context of the offering of the Service.
8.4 You emphatically waive all personality rights mentioned in article 25 of copyrights legislation (‘Auteurswet’), including the right to reference your name and the right to oppose modifications, to the extent such is permitted pursuant to that statutory article.
8.5 You guarantee towards Sportpartner that you are full rights holder regarding the Content and that you are fully entitled to grant the license as intended in this article to Sportpartner.
8.6 It is emphatically not permitted to download, copy, modify, reverse engineer, render public or use for any other purposes than those specified in these User Conditions any information which is rendered accessible through the Service or the Website, unless Sportpartner or the relevant rights holder have given their consent for this or mandatory Netherlands legislation permits such use.
9.1 While creating the Profile and during provision of the Service, you provide (personal) data to Sportpartner. This (personal) data will be processed in conformity with the Privacy Statement of Sportpartner and the applicable legislation and regulations.
10.1 You are liable towards Sportpartner and safeguard Sportpartner fully against, all damage and costs which Sportpartner suffers or incurs as a result of (i) an attributable shortcoming in compliance with the Agreement by you, (ii) any actions of yours upon using the Service or (iii) of an illegitimate action. All costs incurred and damage suffered by Sportpartner which is in any manner related to such claims will be compensated by you.
10.2 You guarantee towards Sportpartner that the information which you provide upon creation of your Profile and the posting of your Content is complete, current, and correct. You acknowledge and understand that the correctness, recency, and completeness of the provided Content is of great importance for the optimal functioning of the Service.
10.3 You guarantee towards Sportpartner that you are entitled to make use of the Service and that you will act in accordance with these User Conditions. You safeguard Sportpartner against third-party claims based on the contention that the use of the Service by you, also including, though not limited to, the posting of Content, is in any manner illegitimate.
11.1 Sportpartner does not accept any liability for damage as a consequence of the provision of the Service or from illegitimate actions or otherwise, to the extent this is permitted on grounds of mandatory law.
11.2 If Sportpartner is liable towards you for damage on whatever account, this liability is limited at all times per event (whereby a connected series of events counts as a single event) to the fees effectively paid by you to Sportpartner (exclusive of VAT) for the Service from which the liability of Sportpartner has resulted.
11.3 Sportpartner in any case is never liable for consequential damage, also including pure financial damage, loss of turnover and profit, loss of data and immaterial damage, related to or resulting from the Service.
11.4 The limitation to liability stipulated in this article is not applicable in the event of wilful intent or deliberate recklessness of Sportpartner itself and/or its management.
11.5 Condition for the any right to compensation of damage arising always is that you repot the damage as soon as possible after their occurrence to Sportpartner in writing. Every claim for compensation of damage against Sportpartner lapses through the simple elapsing of 12 months after the arising of the claim.
12.1 Sportpartner is not liable for any damage in connection with the (illegitimate) use of the Website. Sportpartner is only bound under the conditions as indicated below, after receipt of a report to remove unmistakably illegitimate material or to terminate indisputably illegitimate activities.
12.2 Sportpartner reserves itself the right not to grant a request for the blocking of material or the termination of an activity if it has legitimate grounds to doubt the correctness of the report or the legitimacy of the proof thereby provided, or if the weighing of interests requires such from it. In that context, Sportpartner can demand, for example, a court ruling from a competent court in the Netherlands, which ruling demonstrates that the relevant material or the relevant activity is indisputably illegitimate.
12.3 Sportpartner will not have to be party in any manner to a dispute between the person reporting and any third party.
12.4 The person reporting safeguards Sportpartner against any claim by third parties in connection with the blocking or removal of material or the termination of activities. The safeguard also regards all damage and costs which Sportpartner incurs, will still be able to incur or which Sportpartner must make in connection with such a claim, also including – though not limited to – the compensation of costs of legal assistance.
13.1 If you make use of a free subscription, you have the right to suspend the use of the Service at any moment you wish and to remove your Profile.
13.2 If you make use of a paid subscription, the Service is purchased for the term you have selected. If you have chosen a subscription for a fixed period, cancellation is not possible prematurely and Sportpartner is not bound to refund any fee paid in advance for the use of the Service in the event you prematurely terminate the Service or remove your Profile. If the Service is purchased for an unlimited time or is tacitly extended after the original duration, the Service can be cancelled at all times with due regard for a notice period of one (1) month. In the latter case, amounts already paid will be refunded to you proportionally.
13.3 Sportpartner points out to you that you cannot make use of the cooling-off period as stated in article 7:46d section 1 BW (Netherlands Civil Code). Because the Service is immediately executed by Sportpartner following your consent, as intended in article 7:46i section 5 under 1 BW.
13.4 In case of rescission of the agreement, no undoing takes place of what Sportpartner has already delivered and/or conducted and the associated payment obligation. Amounts which Sportpartner has invoiced prior to the rescission in connection with what Sportpartner has already properly conducted or delivered for the implementation of the agreement, remain fully owed, with due regard for what is stipulated in the preceding complete phrase, and become immediately exigible at the moment of rescission.
13.5 Upon termination of the agreement, for whatever reason, your right to use the Service lapses with immediate effect and access to the Service is denied to you immediately. Upon termination for whatever reason, Sportpartner immediately removes your Profile. Sportpartner retains the right to use all Content, as stipulated in article 8. After the end of the agreement, however, Sportpartner will upon your first request remove or anonymise all Content. Sportpartner is not bound to provide and/or convert any Content to/for you after termination of the agreement.
14.1 To these User Conditions and to all the use of the Service and the Website, Netherlands legislation is applicable. The application of the Vienna Commercial Treaty (CISG) is emphatically excluded.
14.2 All disputes which arise between you Sportpartner will be submitted to the competent court in the district of Amsterdam, unless mandatory law determines that the dispute must be submitted to another court.
14.3 Sportpartner may transfer rights and obligations flowing from these User Conditions to third parties and will inform you accordingly. If you deem such transfer of obligations to a third party unacceptable, you can cease the use of the Service and terminate your Profile.
14.4 In case these User Conditions are or become partially invalid, then you and Sportpartner remain bound by the remaining part. Sportpartner will replace the invalid part by provisions which are valid and the legal consequences of which, considering the substance and tenor of these User Conditions, correspond as much as possible with those of the invalid part.