These Terms & Conditions (hereinafter "Terms") constitute a legally binding contract and regulate the relationship between KAMA.SPORT srl (hereinafter "Company") and users (hereinafter "user" or "users" ), professionals operating in the football sector (such as, by way of example, scouting, teaching, tutorials and / or sports data analysis), who use and / or interact with the Services offered by the company as defined below. The use or access to the Services implies acceptance of these Terms and related updates, which may be made periodically in accordance with the provisions below. If the user no longer has access to the Services, but has not deleted his data from the relevant website or app used to use and / or interact with the Services, the Terms will continue to be valid until the user proceeds to 'deletion of your account.
1. SERVICES OFFERED
The term "Services" means a set of functions and services made available to users through the Kama application. for mobile devices. The Services can be used only and exclusively by professionals, i.e. natural or legal persons acting for professional purposes, operating in the football sector (such as, by way of example, scouting, teaching, tutorials and / or sports data analysis) and to use the Services for such professional purposes.
The services offered change according to the offer profile chosen by the user and are, in particular, the following:
Free profile obtained by registering for free by entering e-mail, password, name, surname and other optional data. This plan includes KAMA.SPORT services which allow the user to:
- Browse resources and access information data relating to: seasons, competitions, groups, matches, teams, players, videos and highlights.
- Add resources and basic data to resources. The added data is public.
- Add videos and highlights to assets. The added data is public.
- Follow favorite resources for quick access.
- Management of your profile.
The aforementioned services allow you to browse, add to resources and consult information data relating to all public entities managed by KAMA.SPORT.
2. OBLIGATIONS FOR ALL USERS AND GUARANTEES GIVEN BY THEM
The user, by accepting these terms and conditions, declares to be 18 years of age and declares to have the power, authority and legal requirements necessary to conclude this contract; if you register an account on behalf of a company or other legal person, you declare that you have the authority to legally bind that person.
The user also declares and guarantees to be a professional or natural or legal persons acting for professional purposes however operating in the football sector (such as, by way of example, scouting, teaching, tutorials and / or data analysis sports) and to use the Services for such professional purposes.
The user also agrees to:
- provide your name and surname, your e-mail address and, in general, your real identity necessary for the creation of your account;
- provide accurate, updated and complete information and ensure that your information is always correct and up to date;
- do not use false identities;
- not to publish deceptive or misleading contents (directly or by omission or by failure to update the information);
- do not create an account on behalf of another person without the latter's authorization;
- do not create more than one account for each natural or legal person it represents;
- do not create another account without authorization, if the original account is disabled by the Company;
- not to supply or publish or otherwise communicate to third parties false data or information about one's identity;
- do not allow third parties to use your account;
- not to use the Services in connection with the distribution of unsolicited commercial messages (“spam”);
- do not undertake illegal multi-level marketing actions, for example pyramid schemes;
- not copy, store or otherwise access or use any information, including personally identifiable information about any other user, in a way that violates the privacy rights of users or third parties;
- do not collect content or personal data on the app and / or other users, or otherwise access the Services using automated tools (such as collection bots, robots, spiders or scraper) without the prior authorization of the Company;
- do not try to obtain login information or to access the accounts of other users;
- not insinuate or claim to be affiliated with or referenced by the Company without the express consent of the latter; not to use the Services in a way that would otherwise mislead third parties regarding a user's affiliation with the Company;
- do not denigrate, intimidate or annoy other users;
- not to publish or share content not related to the services provided and in any case content that is threatening, pornographic, with incitement to hatred or violence or with images of naked or explicit or gratuitous violence;
- not to use the Services for illegal, deceptive, malicious or discriminatory purposes;
- access the Services only through the interfaces expressly provided by the Company;
- not to remove, cover or obscure advertising on the Services;
- do not upload viruses or other harmful codes;
- not to take actions that could prevent, overload or compromise the correct functioning or appearance of the Services, for example by carrying out a DDoS attack or other disturbing actions that interfere with the rendering of the pages or with other functions of the Services;
- do not share your password or allow other people to access your account or perform any other action that could jeopardize the security of the account;
- not to use the Services for purposes not expressly permitted by these Terms;
- not to favor or encourage non-compliance with these Terms.
Furthermore, the user accepts and acknowledges that:
- to promote the Services and increase the exposure of ads to potential users, the ads and other content posted by the user may be displayed on other websites, in applications, within emails and in online advertisements and offline;
- to assist users who speak different languages, ads and other user-created content can be translated, in whole or in part, into other languages; the Company does not guarantee the accuracy or quality of such translations and users are responsible for reviewing and verifying their correctness;
- the Services may contain links or links to third party websites or services; such third party services may be subject to different terms and conditions and to different data protection notices; the Company is not responsible for the availability or accuracy of such third party services or for the content, products or services available through them; the links to such third party services do not constitute an endorsement of the same by the Company;
- due to the nature of the Internet, the Company cannot guarantee the continuous and uninterrupted availability and accessibility of the Services; the Company may also limit the availability of the Services or of certain sections or functionalities of the same if this is necessary in consideration of limits of capacity, security or integrity of the servers or to carry out maintenance interventions aimed at guaranteeing the correct or improved functioning of the Services ;
- the Company may make access and use of the Services or some areas or functionalities of the same subject to certain requirements or conditions, including, for example, the completion of a user identity verification process o the satisfaction of specific quality or suitability criteria by the user;
- the Company has no obligation to monitor the access or use of the Services by any user or to examine, limit access or modify any user content, but it has the right to do so for the purpose of (i) manage, secure and improve the Services (including, without limitation, for purposes of fraud prevention, risk assessment, investigation and customer support); (ii) ensure the observance of these Terms by users; (iii) comply with applicable laws or an order or requirement of a court, administrative agency or other governmental body; (iv) take action against user content that it deems to be harmful or inappropriate; or (v) as otherwise provided in these Terms. Users agree to cooperate and assist the Company in good faith and to provide it with all information requested and take any action that may reasonably be requested by the Company in relation to any investigation undertaken by the Company or its representative regarding the use or abuse of the Services;
- if the user selects a username or a similar identifier for their account, the Company reserves the right to remove or claim it, if it deems it appropriate (for example, in the event of identity theft);
- the Company reserves the right to limit the use of the Services by the user and the possibility for the user to contact other users, if the user does not comply with even one of the provisions referred to herein Terms and, in any case, if the contents published by the user or communicated to other users are in any way harmful or inappropriate at the sole discretion of the Company.
The company reserves the right to limit the use of the Services by the user and the possibility for the user to contact other users, if the user does not respect even one of the provisions of this article and, in any case, if the contents published by the user or communicated to other users are in any way harmful or inappropriate for the Company, other users or third parties.
3. OWNERSHIP AND VISIBILITY OF THE CONTENT AND RESPONSIBILITIES
The service is based on a database shared by the Company and by the users themselves, who feed it by inserting information that becomes a common knowledge asset between the users themselves and the company; the integrity of the database assumes that, once the data has been entered, they remain available to the entire community of users. The user is RESPONSIBLE for all content, information and data published by himself or shared through the Services. Such content and information shared or published by the user may be visible by all other users of the Services and also by non-users (visitors) of the Services. In particular, the user is responsible for any new data or information entered by him, for any modification to the pre-existing data and / or in general for any creation, upload, publication, sending, archiving and / or making any case available through the Services any content. The user allows the Company to use, copy, modify, distribute, store, publish, stream, disseminate and process, in any way and on any medium and platform, the data and content entered by the user (for example photos and videos) as well as the information and data relating to the user's profile / account (hereinafter "IP content"), ensuring that they are in no way protected by the intellectual property rights of third parties and relieving the company from any liability towards third parties in this regard, as better specified in point 10. When the user uses a third-party application connected with the Services, this may request authorization to access content, information and data of the user or shared by the same, as well as content and information shared by other people. The agreement accepted by the user at the time of adding the application governs the way in which the application can use, store and transfer the aforementioned content, information and data. The comments or suggestions of users relating to the Services may be used by the Company without any obligation to pay the user (in the same way that the user is not obliged to provide them).
The user is not granted rights or licenses, implicitly or otherwise, on any intellectual property right owned, controlled or licensed by the Company: it is absolutely forbidden for the user to use, copy, distribute, publish, stream, disseminate and process, both for free and for a fee, in any way and on any media and platform, the data, images, videos and in general all the contents present without the authorization of the company.
4. DURATION, WITHDRAWAL AND AUTOMATIC RENEWAL OF THE CONTRACT
This contract will be effective as long as the user is registered with the KAMA.SPORT App Services with his account. The account can be deleted at any time by contacting the company directly at the e-mail address firstname.lastname@example.org.
The Company may allow users to write and post comic reviews. These reviews reflect the opinion of individual users and do not reflect the opinion of the Company, which is not responsible for the accuracy of the content. User reviews must be accurate and not contain offensive or defamatory language; otherwise, the Company will remove it as soon as it is informed. Reviews are part of the public profile of users and can be viewed in all areas of the Services together with other relevant information, such as the identity of the user who wrote the review.
When the user downloads or uses the Company's software, the user agrees that the software may download and install updates and additional functions from the servers used by the Company, in order to modify, improve, optimize and / or further develop the software. You agree not to modify, create derivative works, de-compile or otherwise attempt to extract the source code, without express authorization based on an open source license or without the express written authorization of the Company.
7. GUARANTEE OF THIRD PARTY RIGHTS AND INDEMNITY
It is forbidden to post or perform actions through the Services that do not respect the rights of third parties or applicable laws. The user declares and warrants that he is the one and only responsible for all the content he publishes through the Services. Consequently, the user declares and warrants that he has all the rights, licenses, permits and releases necessary to grant the Company the rights on and in relation to such content. The Company reserves the right to remove all content, information and data that users post or share through the Services, in cases where the Company considers that they do not respect the rights of third parties, these Terms or applicable laws. If a user collects personal data from other users, he / she must obtain their authorization, specify that it is he / she (and not the Company) who collects the data and publish a data processing statement explaining what data he / she collects and how uses. The user allows the Company to use, copy, modify, distribute, store, publish, stream, disseminate and process, in any way and on any medium and platform, the data and content entered by the user (for example photos and videos), ensuring that they are in no way protected by intellectual property rights and relieving the company from any liability towards third parties in this regard.
8. MOBILE PHONES AND OTHER DEVICES
For access to the Services from a mobile device, the standard rates of the telephone operators may be applied, for example the cost of text messages or Internet connection. If your mobile number is changed or deactivated, you agree to update the contact information on your account within 48 hours in order to prevent your messages from being sent to the new owner of the old number. The user gives his consent for other users to synchronize their devices with the contact information visible to them through the Services, including the user's personal data and information.
9. INFORMATION ON ADVERTISING AND OTHER COMMERCIAL CONTENT
The Company may provide and / or display advertisements and other commercial or sponsored content to users.
10. MODIFICATIONS AND CONFLICTS ON THE APPLICABLE TERMS & CONDITIONS; CONTRACT TRANSFER
The Company will notify you when changes are made to the Terms. Uninterrupted use of the Services following the communication of changes made to the Terms constitutes implicit acceptance of the changes. Since the Company provides a wide range of services, the Company may require you to verify and accept additional terms that will apply to a specific product or service. If any such additional terms conflict with these Terms, the additional terms associated with the specific product or service will prevail.
In the event that disputes arise against the Company relating to the actions, contents or information and personal data published, shared or used by the user through the Services, the user undertakes to indemnify and hold harmless the Company from and against any damage, loss or expense of any kind (including reasonable legal expenses and costs) arising from such litigation. Further, you agree to indemnify and hold harmless the Company from and against all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising from or in any way connected with (i) your violation of these Terms, (ii) your misuse of the Services, (iii) your interaction with any other user or (iv) your violation of laws, regulations or rights of third parties. Even if the Company draws up rules of conduct for users, the Company is unable to control or guide the actions of users who use the Services and is therefore not responsible for the content, information and personal data that users transmit or share. through the Services. The Company is not responsible for any offensive, inappropriate, obscene, illegal or otherwise objectionable information or content posted or shared through the Services. The Company is not responsible for the conduct, both online and offline, of its users. The Company undertakes to keep the Services active, error-free and secure, but you agree to use them at your own risk. The Services are provided as is, without any express or implied warranties, including, but not limited to, warranties of fitness for a specific purpose. The Company cannot guarantee that the Services are always safe or error-free or that they will always function without interruptions, delays or imperfections. The Company may change or interrupt the provision to the user of any of its services. The Company does not guarantee that it will keep or continue to show the information, personal data and content that the user has published, shared or otherwise provided. The user is solely responsible for the decision to access or use third-party applications or sites linked to the Services.
12. RESOLUTION, SUSPENSION, REVOCATION AND LIMITATIONS
If your actions (i) do not comply in form or substance with these Terms, third party rights or applicable law, (ii) create legal risks for the Company or (iii) cause the Company to considering that it is reasonably necessary to protect the personal safety or the assets of the Company itself, of users or of third parties, the Company has the right to immediately and without notice interrupt the supply of part or all of the Services to the user. The Company will send the user an e-mail notification or will notify him at the next attempt to access the account. If the aforementioned hypotheses occur, the Company may decide not to terminate the contract but to (a) refuse to make visible, delete or delay any review or other user content; (b) restrict the access or use of the Services by the user; (c) temporarily or permanently revoke any special status associated with the user's account and / or (d) temporarily suspend or, in the event of serious or repeated violations, permanently delete the user's account. Following the termination of this contract or its termination for any other reason, the user has no right to a restoration of his account or its contents. If access or use of the Services has been restricted, the account has been suspended or this contract has been terminated or otherwise terminated at the initiative of the Company, the user will not be allowed to register a new account or access and use the Services through an account of other users.
The user agrees to use their e-mail address or account to receive important communications from the Company. The Company can be contacted at the following addresses: KAMA.SPORT s.r.l., Via Luigi Suardo 18 / C, Sarnico (BG), PEC email@example.com.
14. APPLICABLE LAW AND JURISDICTION
These Terms are governed and must be interpreted and executed in accordance with Italian law. For all disputes that may arise between the parties in relation to the interpretation, execution and termination of this contract, the Court of Bergamo will have exclusive jurisdiction.
15. FINAL PROVISIONS
These Terms repeal and replace any previous version of the Terms between the Company and the user with reference to the same object. Any tolerance by the Company of the user's non-fulfillment of the clauses of these Terms can in no way be considered as a waiver of the rights deriving from them in favor of the Company. You may not transfer any of your rights or obligations under these Terms without the Company's consent. In particular, the user cannot transfer his account to third parties. All rights and obligations under these Terms may be freely assigned by the Company. The Company reserves all rights not expressly granted to the user. You agree to comply with all applicable laws each time you use the Services. The Company reserves the right to determine, in its sole discretion, that some of its products or services are governed by different conditions and not by these Terms. This Agreement or the use by the user of the Services does not create any joint venture, partnership, employment or agency relationship between the user and the Company. The parties accept the validity of email correspondence with reference to the application of these Terms.
In particular, the User declares to have read and expressly accept, pursuant to articles 1341 and 1342 of the civil code, the following provisions of the contract: 3 (ownership and visibility of contents and responsibility), 4 (duration, withdrawal and automatic renewal of the contract), 7 (guarantee of third party rights and indemnity), 10 (amendments and conflicts on the applicable terms & conditions; assignment of the contract), 11 (disclaimer), 12 (termination, suspension, revocation and limitations), 14 (applicable law and competent court) and 15 (final provisions).