General conditions of use and sale
The company SCOUT IN LIVE SARL, (hereinafter “SIL”) limited liability company with capital of 2,000.00 €, registered in the trade and companies register of Orleans under the number 838 291 177, whose head office is located at 9 rue St Firmin des vignes 45200 Amilly, operates on the Internet a website accessible at the URL https://www.scoutinlive.com, intended to facilitate exchanges between its customers and athletes recruiters for organizations (hereinafter referred to as the “Site”). SIL declared its activity to the CNIL under the number838 291 177. The Site is in the form of an interactive social network whose features allow Athletes and Athlete Agents (as defined in Article 1 below) to promote their talents to Recruiters (as defined in Article 1 below) by submitting data directly to them , statistics, videos on demand and live games. The Site is published for the attention of individuals and professionals. Registration as a Member is reserved for natural and legal persons acting as Athlete, Athletic Agent and Club Recruiter to the exclusion of all private persons who do not fall into these categories. All users are requested to read these Terms and Conditions carefully before registering on the Site as a Member.
ARTICLE 1 – Définitions
In this terms and conditions :
“Member”: means any user of the Site, Player (Athlete), Agent (Intermediate) or Scout (recruiter) who has subscribed for a Subscription with SIL for the use of the Service; “Subscription” means the package subscribed by any Member for the purpose of the use of one or more Services. Subscription is free for Targeted and Paying Media for Communicants;
“Player”: means any physical person, man and woman (practicing a physical activity, including, but not limited to, football, handball, basketball, rugby) having access to the Platform and the Site for the purpose of promoting his stats, videos, and live games with Scouts (recruiters) and Agents;
“Agent” means any natural or legal person (representing one or more practicing athletes, including, but not limited to: football, handball, basketball, rugby) having access to the Platform and the Site for the purpose of promote the statistics, videos, and live games of the Players (athletes) it represents to Scouts (recruiters);
“General Conditions”: means the present contract which constitutes all the contractual relations between SIL and the Member;
“Content” means all the data, statistics, videos and live video broadcast created and disseminated by the Players and Agents on the Platform and / or on the Site for the purpose of being communicated to the Recruiters;
“Cookie”: means a small information file that a website may send to the hard drive of a personal computer and then trace it. Certain personalized services of the Site use, for their functioning, temporary Cookies and require the acceptance by the user of these Cookies. If the browser on the user’s personal computer is set to deny them, access to these services may be altered, if not impossible. The Cookies used on the Site also make it possible to identify the services and sections that the user has visited, and more generally his behavior regarding visits. This information is useful to better customize the services, content, promotional offers and banners that appear on the Site. The user can disable Cookies or delete them using the browser options. Each browser is different, the user is invited to consult the instructions of his browser to set it at his convenience. The retention period of this information in the user’s computer is twelve (12) months from the date of placement;
“Identifiers”: designate the combination of a login and a password allowing the Member to access the Platform, the Site and, in general, the Services offered by SIL;
“Internet”: refers to the set of computer networks and interconnected telecommunications, worldwide, communicating via servers using specific protocols, to any terminal equipment, present or future, connected directly or indirectly to an endpoint of the aforementioned networks, for transmission, the processing or receipt of information;
“Scouts” means the recruiters of sports clubs selected by SIL and having access to the Site in order, in particular, to obtain information relating to the data, statistics, videos and live videos of the Players and Agents and to exploit the Content;
“Platform” means the application operated by SIL to which the Player and the Agent will have access to promote their data, statistics, videos and live video to the Agents;
“Service” means the service provided by SIL, which provides available to its Members an interactive social network whose functionalities make it possible in particular:
To the Players: to access, as far as possible, a turnkey space, available 24/7, to interact in real time with their network of Agent and Scouts, to access unpublished statistics, to receive notifications in real time and to disseminate their contents or news to their circles of contacts;
Agents: access, whenever possible, a 24/7 turnkey space to interact in real time with their network of Players and Scouts to access statistics unpublished, to receive notifications in real time and to disseminate their contents or news to their circles of contacts;
Scouts: access an advanced search engine based on their desired profiles, download Content in one click (video, contract), to have a personalized news feed updated in real time by the Players and Agents, to make requests for the broadcast of live matches, to interact in real time with Agents and Players, to “like”, comment, share or memorize information of interest to them;
“Site”: means the website created, developed and operated by SIL accessible at the URL https://www.scoutinlive.com.
Terms defined herein shall have the same meaning whether used in the singular or the plural.
ARTICLE 2 – Objet
2.1 – The purpose of these General Conditions is to define the conditions of access and use of the Website and the Platform.
2.2 – The Member undertakes, during each of his visits to the Site, to respect these General Conditions, which apply to the entire Service. Consequently, and solely because of its access to the Site, the Member accepts, fully and without reservation, these Terms and Conditions.
2.3 – These General Conditions take precedence over any contractual or non-contractual document specific to the Member. They express the entire agreement between SIL and the Member.
2.4 – SIL reserves the right to modify at any time, in its sole discretion, these General Conditions. The new General Terms and Conditions will be sent by SIL to the Member by email to the address provided on the Member’s account and will be submitted for validation at least fifteen (10) days before their effective date. In the event that the Member does not accept these modifications, he will be free to cancel his Subscription. SIL will record and keep the traces of this validation in its computer systems, and will keep them at the disposal of the Member as well as any information on the techniques implemented to ensure their proper conservation.
2.5 – These General Terms and Conditions are the property of SIL. Consequently, and without this list being exhaustive, any dissemination, exploitation, representation, reproduction or use, in whole or in part, in any medium, of these General Conditions for purposes other than strictly personal and non-professional, is subject to the prior authorization from SIL. In the absence of such authorization, the offender is liable to incriminations and to criminal and civil proceedings provided for by the law.
ARTICLE 3 – Access to the site
3.1 – When registering, the Member is assigned Identifiers by SIL, which are strictly personal and confidential. The Member therefore expressly undertakes to maintain their confidentiality and to bear all the consequences that may result from their voluntary or involuntary disclosure.
3.2 – The Member undertakes to provide SIL with all the elements useful for setting up his account. The Member undertakes to allow the representatives of SIL to ensure the use of the Service in accordance with the clauses and terms of these Terms and Conditions.
ARTICLE 4 – Maintenance and evolution of the site
4.1 – Member acknowledges and agrees that SIL can not guarantee continued and secure access to the Site and / or the Platform, as its proper functioning may be affected by many factors that SIL does not control (including , without this list being exhaustive: any malfunctioning of the electricity and telecommunications services, any malicious actions perpetrated by hackers and all cases of force majeure). As a consequence, the responsibility of SIL can not be sought for any delay or disruption that may affect the Site and / or the Platform, any virus or malware, malfunction, bug, error or inaccuracy present on the Site and / or the Platform.
4.2 – SIL reserves the right to temporarily suspend, without compensation or advance notice, the access to the Site and / or the Platform to ensure maintenance operations related to the technological evolution or necessary for the continuity of the Service. The Member releases SIL of any liability in this respect and waives any claim and / or proceeding against it. Temporary interruptions of the service will, to the extent of possible, notified via the Site at least twenty-four hours before they do not intervene, except when these interruptions are urgent.
4.3 – The Member acknowledges and agrees that SIL is entitled to modify or update its hardware, operating system and, in general, all or part of the Site in view of changes in technology.
4.4 – SIL reserves the right, without compensation, to terminate the Service permanently. Any definitive closure of the Service will be notified via the Site at least 1 (one) month before it intervenes, the Member will no longer be liable for any payment from the date of termination of the Service.
ARTICLE 5 – Property
– Ownership of the site
5.1.1 – With the exception of information, photographs, statistics, videos and brands disseminated on the Site and on the Platform that are not the property of SIL, all the elements constituting the Site and / or the Platform (texts , graphics, software, photographs, images, videos, sounds, plans, names, logos, trademarks, creations and various protectable works, databases, etc.) as well as the Site and the Platform themselves, are subject to French legislation and rights and copyright neighboring rights (in particular Articles L.122-4 and L.122-5 of the Code of Intellectual Property) .These elements are the exclusive property of SIL, except for items made by external contributors who have not ceded their copyrights. Consequently, the Member is forbidden, in particular, to:
– use or query the Site and / or the Platform on behalf of or for the benefit of others;
– to reproduce in number, for commercial purposes or not, the information present on the Site and / or the Platform;
– integrate all or part of the content of the Site and / or the Platform into a third party site, for commercial purposes or not;
– use a robot, including a spider, a search or retrieval application for websites or any other means to retrieve or index all or part of the content of the Site and / or the Platform, except if express and prior authorization of SIL;
– and copy the information on media of any kind to reconstruct all or part of the original files. The Member undertakes, moreover, to take all necessary measures, including security, with respect to his staff and any third party on its sites to ensure compliance with the right of ownership of SIL on the Site and / or the platform.
5.1.2 – Toute utilisation non expressément autorisée d’éléments du Site et/ou de la Plateforme est susceptible de constituer une violation des droits d’auteur, des droits à l’image, des droits des personnes ou de tous autres droits et réglementations en vigueur. Elle peut donc engager la responsabilité civile et/ou pénale de son auteur. A cet égard, SIL se réserve la possibilité de saisir toutes voies de droit à l’encontre des personnes qui n’auraient pas respecté les interdictions contenues dans le présent article. Par dérogation à ce qui précède, SIL pourra autoriser tout Membre à intégrer, dans un site de liaison, un ou plusieurs liens hypertextes vers la page d’accueil du Site, à la condition que cette utilisation soit effectuée à des fins non commerciales, en conformité avec les dispositions légales et/ou réglementaires en vigueur et sans atteinte à l’honneur et à la réputation de SIL. SIL se réserve le droit de prendre toute mesure appropriée pour supprimer des liens non autorisés et, en tout état de cause, de retirer l’autorisation de lien à tout moment et sans préavis.
5.2 – Ownership of the Content
Content posted on the Platform and / or on the Site on the initiative of a Member remains, in any case, the exclusive property of its owners. In order to allow SIL to provide the Site, the Member grants to SIL a non-exclusive and free license on the Content that it publishes on the Site and / or on the Platform (including: texts, images, photographs, logos , illustrations, trademarks, models, titles, data, etc.), as and when they are posted online, for the whole world and for the duration of their protection by the applicable laws, for the purpose of reproduction, representation , exploitation or deletion on the Site, by any means, whatever the content, characteristics, versions and modes of dissemination of the Site, it being understood that the present license includes for SIL the right to correct, modify or delete these contents , in particular for technical reasons, for the purposes of providing the services of the Site and / or the Platform.
These rights include the right to reproduce, represent, distribute, adapt, modify, translate, sublicense and communicate to the public all or part of the content by any means, on any format and medium (digital, printed, etc.) known or unknown to date.
The Member guarantees to SIL the peaceful and complete enjoyment of the rights granted.
ARTICLE 6 – Personal data and cookies
6.1 – Personal data
The personal data of Members collected on the Site are subject to processing by SIL, for the following purposes: management of the Site and the Platform, management of registrations and creation of accounts, provision of the Service, management of the contractual relationship , payment management of Subscriptions. The information to be provided in a mandatory manner is identified as such on the registration form. Failing to provide this information, the user will not be able to register as a Member.
The personal data processed may be communicated to SIL subcontractors, financial institutions, any SIL related business in connection with the publication and administration of the Site and the Platform, the administrative and judicial authorities, lawyers and advice of SIL and to any person involved in an audit of SIL, as the case may be. In accordance with the law “Informatique et Libertés” of January 6, 1978 amended in 2004, any Member has the right to access and rectify information concerning him, which he can exercise by contacting contact @ scoutinlive. com.
Any Member may also, for legitimate reasons, oppose the processing of data concerning it.
6.2 – Cookies
Afin d’améliorer et de personnaliser le Service, SIL utilise des Cookies, destinés à signaler le passage d’un utilisateur sur le Site et à lui en rendre l’utilisation plus agréable.
Les options du navigateur utilisé par l’utilisateur lui permettent de s’informer de la présence de Cookies et éventuellement de les refuser. Cela peut cependant entraver l’utilisation correcte du Site, ou même empêcher toute utilisation.
ARTICLE 7 – Guarantees
7.1 – The Member expressly declares that he has acquired all the rights and authorizations relating to the data that he may incorporate into the Site and will, if necessary, provide himself with any necessary authorizations from the aforementioned, cited or represented third parties, preventing those to interfere with the Website’s exploitation by invoking the right to respect for their image, personality, privacy, honor and reputation.
The Member guarantees SIL, more generally, against any disturbances, claims or evictions of any kind that could affect the normal enjoyment of the operation of the Site.
7.2 – The Member is personally liable both to third parties and to SIL in the event of non-compliance with this article and shall compensate them for the total prejudice that would result for them from non-compliance with this article. any of its commitments.
To the guarantee of the principal of any possible condemnation given here by the Member is added the guarantee of all interests and incidental expenses exposed by SIL, including all judicial costs, parajudicials and lawyer’s fees.
ARTICLE 8 – Responsability
8.1 – SIL undertakes to carry out the obligations with its load with all the care in use in its profession and to conform to the rules of the art in force. SIL may use subcontractors of its choice to perform the Service and will remain solely liable to the Member for the performance of its obligations. SIL will in any case be held by an obligation of means and not of result.
8.2 – The Member undertakes to collaborate in good faith with SIL and to provide without delay all the relevant information in order to deliver the most efficient Service possible. The Member undertakes to update the information provided to SIL as soon as possible and will be solely responsible for the possible consequences of not updating this information.
8.3 – The Member undertakes to offer access to the Site under his identity or his pseudonym only to a person of trust and will bear alone the consequences of the use of his account, even without his knowledge, by a person using his username and password.
8.4 – The Member undertakes to save and archive by his own means the contents that he posted on the Site. SIL can not be required to keep or archive the content posted by the Member.
8.5 – The Member acknowledges and agrees that the Site is a mere place of exchange between Players, Agents and Scouts. Consequently, the responsibility of SIL can not be sought because of the actions or inactions of the Scouts and Agents.
8.6 – The Member acknowledges and agrees that SIL prohibits any request for financial or in-kind advances made against another Member. The Member guilty of this type of application will see are still outstanding.
The Agent or Intermediary has prohibited any money from the Player and Scout on SIL.
8.7 – Without prejudice to the stipulations provided for in this article, if SIL were found liable to the Member by the competent jurisdiction, its liability shall not exceed the total amount of the monthly payments that the Member has paid to SIL during the twelve (12) months preceding said action in responsibility.
ARTICLE 9 – Duration and end of the subscription
9.1 – The Subscription is subscribed for a fixed term. The duration of the Subscription is indicated on the order form. The rights of use of the Member on the Service will terminate automatically and immediately on the date of termination of the Subscription.
9.2 – After the termination of the Subscription, SIL undertakes not to keep the data for any reason whatsoever and the Member undertakes, for its part, to cease all use of its Identifiers.
9.3 – Without prejudice to any damages that it may request, SIL reserves the right to suspend access to the Service of a Member and / or terminate its Subscription by right, without notice or compensation, before the end Subscription in case of:
– non-compliance by the Member of these General Terms and Conditions (and in particular in the event of infringement of the intellectual property rights of SIL and / or its licensors, multiple simultaneous connections to the same account of the Service, provision of false information at the time of its registration at the Service)
– not full or partial payment of the subscription price;
– acts contrary to the commercial interests of SIL.
ARTICLE 10 – Contratual conditions
Subscriptions are tacitly renewed for successive one-year periods, unless terminated by one or the other of the parties, at the end of the initial period or each successive period, by operation of law and without penalty, subject to compliance a notice of 3 months notified by registered letter with AR.
In the event of termination at the end of the term, it is specified that the contract will terminate without any compensation being due in this respect, in particular pursuant to Article L442-6-I-5 ° of the French Commercial Code.
ARTICLE 11 – Financial conditions
11.1 – The services offered by SIL being free for Scouts, the stipulations of this article are applicable only to Players and Agents.
11.2 – SIL’s Subscription Formulas depend on the amount of video storage space and the duration of live video broadcasts desired by Players and Agents. All these formulas give players and agents a definite access to the proposed features.
11.3 – The price of the subscription formulas is indicated on the order form in euros and all taxes included.
11.4 – Payment is made in arrears each month, by direct debit, until the end of the Subscription, whatever the cause.
11.5 – The Communicant guarantees to SIL that it has the necessary authorizations to regulate the price of the Subscription according to the modalities envisaged in the present article. He undertakes to take the necessary measures so that the automatic withdrawal of the price of the Subscription can be made. In the absence of payment of the full amount due on each monthly deadline, the subscription will be terminated automatically by SIL and access to the features corresponding to the Subscription will be removed.
11.6 – Any increase in VAT (Value Added Tax) will be reflected automatically and immediately on the price of the Service. It will be the same in case of creation of any new tax that would be based on the price of the Service and which SIL would become liable. The termination conditions provided in case of a change in the price of the Subscription Forms referred to above will apply under the same conditions in the event of a change in the price resulting from an increase or creation of new taxes. It is reminded that the connection and communication costs (Internet) related to the use of the Service are not supported by SIL and remain the responsibility of the Communicant.
ARTICLE 12 –General stipulations
12.1 – Independence of the Parties. The Parties acknowledge and agree that they may not make any commitment on behalf of and / or on behalf of each other. In addition, each of the Parties remains solely responsible for its actions, claims, commitments, benefits, products and personal. Any user is presumed to have accepted the terms and conditions.
12.2 – Relations between the parties. The parties acknowledge and agree that their collaboration shall in no way be regarded as establishing between them a de facto partnership, a joint venture or any other situation entailing between them any reciprocal representation or solidarity with regard to their respective creditors.
12.3 – Autonomy of the provisions. If any of the provisions of the Terms and Conditions should be declared void or unenforceable, under a rule of law in force or a judicial decision become final, it will be modified to obtain its validity or will be deemed unwritten, without causing the nullity of the General Conditions, nor alter the validity of their other provisions.
12.4 – No waiver. The fact that one or the other of the Parties claims not the application of any of the provisions of the Contract or its non-performance, whether permanent or temporary, shall not be interpreted and shall not constitute a waiver by that Party of its right to enforce this provision or any other provision of the Contract.
12.5 – Applicable law, Jurisdiction. These General Conditions are governed by French law.
12.6 – Languages. These Terms and Conditions are drafted in English. It is expressly agreed that, in case of any issue of the Court, or any interpretation or understanding issue, the French version shall prevail. Any dispute that may arise from these Terms and Conditions, including, inter alia, their interpretation, performance or validity, shall fall under the exclusive jurisdiction of the courts of Paris.