TERMS AND CONDITIONS - Text of the 15/03/2017 (@)
The present General Terms of Contract (hereinafter, “Terms and Conditions” or “GTC”) govern the access and the use by the public (hereinafter, the “Users”) of the platform made available by TalentPLAYERS S.R.L - Via Principe di Belmonte, 93 – 90139 PALERMO – at URL www.talentplayers.com (hereinafter, the “Platform”) and the provision of the Services, as identified and defined below, offered by TalentPLAYERS through the same Platform. The GTC - accompanied by the attached Regulation - represent the entire agreement between the User and TalentPLAYERS in relation with the access and the use of the Platform and the Services and supersedes all previous agreements in any form eventually occured between the User and TalentPLAYERS on the same subject. It is therefore important that the Users to carefully read these GTC, which will be required to accept unconditionally if the Users want to use the Platform and the relative Services, as defined below.
1.1 These Terms and Conditions govern the use of the Platform by the User and the provision to the registered users (hereinafter, the “Registered Users”) of the services provided by TalentPLAYERS through it, as described and defined in the following Section 2.
1.2 Without prejudice to Section 49, paragraph 5 of the legislative decree no. 206 of 6 september 2005, (hereinafter, the “Consumer Code”), TalentPLAYERS reserves the right to modify and update the Terms and Conditions at own discretion and without previous notice. In this case, the modifications made will be effective from the date of publication on the Platform (hereinafter, the “Publication”) and, except for the changes most favorable for the User, will be applicable only to Subscriptions in force or renewed after the Publication date. In any case, the use of the Platform by the Registered User after the Publication will be worth as acceptance of the changes to Terms and Conditions.
1.3 The Platform is dedicated to promoting the professional meeting of Registered Users belonging to the following categories: young and very young footballers (hereinafter, the “Player”), amateur clubs (hereinafter, the “Club Dabbler”) and professional clubs (hereinafter, the “Club Professional” and, together with the Club Dabbler, the “Club”) and intermediaries (scouts, agents, procurers) (hereinafter, the “Scout & Agent”).
1.4 For purposes of these Terms and Conditions the expression “Player” is understood to include those subjects exercising parental authority over minors as referred to in Section 4.1.1: consequently, all the obligations, representations, warranties, indemnities and responsibilities assigned by GTC to the Player shall be considered automatically extended, shared and applicable to such entities.
1.5 The Platform is not in any way direct to provide support or brokerage in business negotiations between Users, which remain, however, and any private, being its limited purpose to get maximum visibility to the Player both inside and outside of the Platform and the verifiability within the circle of Registered Users of the technical characteristics declared by them.
2. USE OF THE PLATFORM
2.1 The Platform and its contents, such as - for example - the menus, web pages, graphics, colors, schemes, tools, fonts, design of the web site, diagrams, layouts, methods, processes, functions and software which are part of the Platform, and all data, information, databases, communications, editorial content, images, photographs, sounds, videos, documents, drawings, figures, logos, trademarks and any other published material in any format on the Platform, are protected by intellectual and industrial property rights of TalentPLAYERS and third, and in any case in the availability of TalentPLAYERS, which has the exclusive right of authorizing the direct or indirect, temporary or permanent, in any manner or form, in whole or in part, of the Platform and its contents as exemplified above.
2.2 Access to the Platform is only permitted for personal purposes and must therefore be considered forbidden access, navigation and use in any form of the Platform and its contents as described in the previous paragraph 2.1, for commercial purposes.
2.3 In particular, it is forbidden to copy, record, edit, upload, download, transmit, publish or distribute to third parties for commercial purposes, or otherwise beyond the use strictly personal content as described in the previous paragraph 2.1. The User is therefore only authorized to display the Platform and its contents and to do all other acts of temporary reproduction, devoid of economic significance, which are considered transient or incidental, integral and essential part of the same visualization and navigation of the Platform and its contents.
3.1 The Platform offers its Registered Users the services described below.
3.1.1 Services dedicated to Player
The Player will have the ability to load on the Platform, in their own profiles prepared according to the procedures and conditions set out in Section 3.3, content (information, photos and video) that help provide a comprehensive view of their skills and statistics relating to your game performance (hereinafter, the “Player’s Services”).
3.1.2 Services dedicated to Scout & Agent and / or the Club.
a) Registered Users as Scout & Agent and Club will be able to monitor the results of the various Player of self-interest, consulting their profiles and entered the game process, and may access to an area devoted to research and offer players within the Platform (called TRANSFER ZONE);
b) Scouts & Agent and / or Clubs will be able to look at one or more Players to verify the veracity of the information in their profiles using dedicated functionality (the “Verification State”), accompanied by a warning the Player (hereinafter, “Observation Alert”). This capability allows Scout & Agent and Club select up to four games and verify the truthfulness of the information entered into their profile by asking, in a progression:
- the reference production by the Club of the Player under observation of distinct game on the games played by the Player;
- the issuance of a report by the coach of the reference of the Player’s Club under observation;
- publication by the Player of the full video of four games played after the receipt of Alert Observation.
(hereinafter, the “Scout & Agent Services” and the “Club Services” and, together with the Player Services, even the “Services”).
3.2 TalentPLAYERS is committed to do its best to ensure that access to Services is provided without interruption and without errors. However, due to the nature of the Internet, uninterrupted access and the absence of errors in the transmission can not be guaranteed.
3.3 In addition, access to the Services may also be occasionally suspended or restricted to allow the performance of repair, maintenance, or the introduction of new activities or services. TalentPLAYERS will attempt to limit the frequency and duration of these suspensions and limitations.
3.4 As a result, TalentPLAYERS not be held responsible for damages of any nature and title, still suffered by Users in relation to GTC or performance therein, due to fortuitous events, due to force majeure, improper operation of data networks, and national telephone and international and / or incorrect operation of the devices that make up the Internet.
3.5 TalentPLAYERS not be liable for any delay or failure to fulfill his obligations provided for by the CGC to be derived from causes not attributable to it and in any case its liability shall be limited to cases of willful misconduct and gross negligence.
4. PROFILE PLAYER
4.1 Profile creation Player and free trial period
4.1.1 To proceed with the registration on the Platform, the User must indicate in advance, under its own responsibility, whether it is major or minor.
4.1.2 Where is an adult, you will be prompted to enter your birth date and some information of an identity document.
4.1.3 Where claims to be a minor, the User must provide the reference telephone and an e-mail address of a person active legal guardian. In this case such an entity, using its mask, must provide TalentPLAYERS his consent to the User's registration to the Platform and the consequent entry in its profile of personal information and the requested materials within the meaning of these GTC.
4.1.4 For the creation and registration of the Player profile, the data required by its mask must be indicated.
4.1.5 To complete the profile will also need to upload a photograph of the Player. You can record a video message from the presentation of the role played in the team of belonging, as well as a brief summary of previous football experience. The Player can freely load - without limits of space - video and pictures that relate to their football performances, of which up to a maximum of five public videos.
4.1.6 The Player confirms to know the rules of the YouTube community under the following link:
and it shall ensure compliance with reference to video content and images that will load under the preceding paragraph.
4.1.7 The Player accepts as a consequence that each content to be uploaded it is subjected to prior checking to the publication by YouTube relatively to the respect of the above rules, and is committed as of now, for the case of a negative result of such control, to renounce its publication without advancing any dispute or claim against TalentPLAYERS and / or YouTube.
4.1.8 In case of a positive overshoot of the control phase, the content will be available on the User's profile PLAYER, which will receive a notice (hereinafter, the “Alert”).
4.1.9 Once the pre-authorization is successful, the Player profile will be activated and will begin after an initial period of three months of free use, aimed at allowing the Player to the testing and evaluation of Platform functionality (hereinafter, the “Trial Period”)
4.1.10 It is optional, but strongly suggested, completing the social part of Player profile (eg: “favorite team”, “favorite role”) for a more complete your profile. In addition, the Player who wants to have a greater visibility must constantly update their profile, uploading for each game played the referee's report and the bill provided by the Club game.
4.2 Subscription for a fee - to activate, economic conditions and automatic renewal
4.2.1 At the end of the Trial Period, Player will enable paid subscription to the Platform (hereinafter, the “Subscription Player”) for the duration and the economic conditions indicated in the appropriate area of the Platform. The Player can still change at any time the duration of membership, by logging into your profile and selecting the preferred term among those proposed standards.
4.2.2 For the activation of Membership Player User shall provide data of an active credit card. It is subject to pre-authorization by TalentPLAYERS to verify the validity and that there is a sufficient amount to cover the cost of usage.
4.2.3 Once the successful pre-authorization, the membership will be activated Player.
4.2.4 At the end of each time period (hereinafter, the “Player Duration”) the Player membership will be renewed automatically for the same duration Player, unless the User will manifest contrary by sending the email email@example.com a written notice to that effect by 15 days than the expiration date of the Player Duration.
4.2.5 For the Subscription active Player in his name, the Player will have five more invitation codes to be sent to interested third parties to make the Trial Period of three months free. The actual use by third parties invited to each of these codes will give the Player the right to get an extra month of use to free the Platform title.
4.2.6 In the event of a Player belonging to a Club Pro. who has opted for the darkening of the profile of their Player pursuant to the following paragraph. 5.4, the Player of Membership cost will be borne entirely by the Club Pro.
5. Visibility of Player profile
5.1 As detailed in the Regulation, only part of the Player profile can be viewed publicly by searching through the TalentPLAYERS Platform: Users who are not registered to the Platform with Agent / Scout profile or Club will see some information about sports biography on football career and the sum of the collected performance infographic different positions (goalkeeper, defender, midfielder, striker), all personal information except your contact information (phone number and email address), as well as information that the User has decided to make visible to everyone (eg. replace an image of the gallery, replace a video of the video gallery), a maximum of fifteen photographs and five videos, all personal profile information unless the data contact (phone number and e-mail address) (hereinafter, the “Public Profile”).
5.2 Only Registered Users with Profile Scout & Agent or Club will have access to all content, such as videos and photographs of the matches, the Player profile, as well as to personal data, except for the contact information (phone number and address e- email).
5.3 Contact information (phone number and email address) of the Player will be accessible only to Scout & Agents or Club which it will make specific requests in its review made under par. 3.1.2 lett. b).
5.4 In the case of belonging to a Player Club Pro., the visibility of the profile may be limited on the basis of the choices made by the Club Pro.
6. PROFILE & SCOUT AGENT
6.1 Registration and Activation Profile
6.1.1 For the creation and recording of the Scout & Agent profile must contain the required data in the screen.
Once the pre-authorization is successful, the Scout & Agent membership will be activated for the duration chosen by the Scout & Agent.
At the end of each time period (hereinafter, the “Scout & Agent Duration”) the Scout & Agent membership will be renewed automatically for the same duration Scout & Agent, unless the user wishes to the contrary by sending posters at firstname.lastname@example.org a written notice to that effect by 15 days than the expiration date of the Scout & Agent Duration.
6.2 Visibility of the profile
As specified in the Regulations, the Scout & Agent profile will not be accessible. It may be displayed only a nominal list of Scout & Agent with the specification of its nationality.
7. PROFILE CLUB
7.1 Registration and Activation Profile
7.1.1 For the creation and recording of the Club profile, the required data in the screen must be indicated.
7.1.2 The relationship between TalentPLAYERS and each Club may be adjusted, in addition to the GTC, by special conditions that will be from time to time by agreement between the parties.
7.1.3 Once the successful pre-authorization, the Club membership will be activated for the duration chosen by the Club.
7.1.4 At the end of each time period (hereinafter, the “Club Duration” and, considered together with the Player Duration and Scout & Agent Duration, the “Duration”) the Club membership is automatically renewed for the same duration Club, except that you will manifest contrary by sending the email email@example.com a written notice to that effect by 15 days than the expiration date of the Club Duration.
7.2 Visibility of the profile
As specified in the Regulations, only part of the Club's profile will be publicly displayed by searching through the TalentPLAYERS Platform: Users who are not Register will only see the Club logo, company data and Public Profiles Player belonging to the Club.
8. COSTS AND METHOD OF PAYMENT
8.1 The updated cost for the use of the Platform is defined in the appropriate area of the Platform.
8.2 The Player, as well as its Club in the case of paragraph 4.2.6, hereby authorizes TalentPLAYERS processed the payment of the fee for Membership (hereinafter, the “Consideration”) - the starting day Membership and that the expiry of each successive Duration (hereinafter, the “Term”) - directly on the credit card provided by the equipment at the time, ensuring that it will be active at the time of the charge as well as its capacity.
8.3 TalentPLAYERS will send to each Player a warning 15 days before the end of the Term.
8.4 The Player, as well as its Club in the case of paragraph 4.2.6, in the event that the payment of the Consideration not be successful for reasons attributable to himself, recognizes from now on TalentPLAYERS the right to terminate, upon notice, the Services provided in its favor, as well as to remove its profile.
9. RIGHTS PLACED ON THE CONTENT RECORDED BY
9.1 TalentPLAYERS recognizes to the Registered User the right to use as purely personal and private Content Owners, which may include sharing them on social networks.
9.2 The Registered User sells outright and free TalentPLAYERS every right to economic exploitation on it content and information published in your profile on the hosted Platform (hereinafter, the “Content Owners”). This sale includes, without limitation, the right to use, modify, copy, reproduce and transcribe, distribute, transmit, record and pour through adequate the reproduction of sounds and images, lease, lend, display, disclose to the public, publicly perform, publish in any form or by any technical means currently available or will become in the future, including broadcasting also television, the spread for electronically and in any case the satellite broadcasting, cable and ether, communications to the public encoded with special conditions for accessing and making available to the public in such a way that everyone can access them from a place and at a time individually chosen, commercialize, adapt, create derivative works from, transfer part or in full and / or grant a sub-license the Content Owners, without territorial restrictions (hereafter, all rights deriving from the sale of Content Owners, the “Exploitation rights”), with the right to use them in connection with any trademarks, logos, in order of o optimal water operation of the Platform and Services as well as for use by TalentPLAYERS as part of the promotion and development of the Platform and its activities (hereinafter the “Assignment”).
9.3 The Registered User is aware that TalentPLAYERS has no obligation to return Content Owners nor stored, if not to the extent necessary for the provision of the Services.
9.4 The Content Owners deleted from Registered User Profile is deleted in a manner similar to emptying the recycle bin on your computer. However, both Content Owners and profiles are stored in backup copies for the thirty days following their deletion. At the end of thirty days, all the deleted entries / profile by the Registered User will be permanently deleted from the Platform and are not kept as TalentPLAYERS in any form or for any purpose, except for the identification data of the player (ie name, surname, place and date of birth, nationality) which will be retained by TalentPLAYERS for the twelve months following the date of termination of the Trial Period and / or Membership. At the end of the twelfth month, the Player identification data will be deleted irreversibly and permanently.
10. OBLIGATIONS, GUARANTEES AND DISCLAIMERS USER NOTICES
10.1 The Registered User agrees to:
- always maintain correct and update their contact information;
- do not share your credentials (user id and password) or allow other people to access your account, or do any other action that could put at risk the security;
- immediately notify TalentPLAYERS if it has reason to believe that any third party is aware of their credentials or you’ve also potentially access;
- do not use the Platform and the Services in such a way as to cause, potentially, interruption, malfunction or damage to the Platform, to Services and their functionality, for fraudulent purposes or otherwise to commit illegal activities, or to disturb, damage or apprehension.
10.2 The Registered User undertakes, in the context of the interaction is the other Registered Users of both the publication of the Platform Content Owners, not to use expressions or materials that appear:
- damaging to the reputation and dignity of persons;
- incitement to prostitution or crimes against things, people and the state;
- inducing the facilitation of prostitution and pornography or pedophilia or otherwise contrary to public morality;
- foster discrimination in all its forms (racial, ethnic, gender, political, religious);
- obscene, profane, defamatory, threatening or illegal;
- breach rights of third parties, including copyrights or industrial property. If you have posted content protected by copyright, a Registered User is obliged to indicate the source retrieval and report that such contents are protected by intellectual property rights and, therefore, must be used in compliance with those rights by of other Users;
- containing links, viruses, corrupted files or other things can cause damage to electronic devices used by other Users or the Platform, even restricting access;
- false or containing hidden advertising (for example, in the form of report) and / or overt in goods, services and / or companies or games or chain letters.
10.3 In particular, with reference to the Published Content, the Registered User undertakes to:
- do not post personal information to third parties without having obtained the prior approval for publication on the Platform and for use by TalentPLAYERS compatible with the license, and in any case limit publication to the data necessary for purposes related to the use of Services is dedicated to specific Registered User profile;
- blur the images of photos and videos and use fancy names if what picture might hurt the feelings of the people to which they refer Content Owners or their relatives;
- do not use images that reveal, even indirectly, the people's health, their political or trade union or religious beliefs, their ethnic origin, their status as defendants or defendants in court proceedings.
10.4 The Registered User represents and warrants:
a) the veracity of the information and statements given at registration;
b) to have autonomously product Content Owners or in any case to have them legitimately acquired, and in particular of obtaining, prior to their publication on the platform, suitable authorization of subjects that may be referred to therein, reproduced or portraits (or, in the case of minors, dell 'operator its parental authority) to the acquisition and publication of information about them (whether they are photos, videos or other personally identifiable information) by TalentPLAYERS much on the platform as other means of communication within the limits and uses all of referred to in Article 8;
c) that there are - or have the right to be - rights of third co-authors, performers, performers or other rights or possible claims of third parties in order to Content Owners and related exploitation rights for any purpose;
d) power legitimately have the exploitation rights of the Content owners in order to allow the Transfer to TalentPLAYERS and peaceful enjoyment of the exploitation rights by the latter;
e) not to bring any action or exception aimed to contest, in whole or in part, the ownership by TalentPLAYERS of Exploitation Rights;
f) indemnify and hold TalentPLAYERS, as well as assignees of the latter, from any detrimental consequence caused or otherwise connected to it as well as from breach with the obligations and guarantees provided under Articles 8 and 9;
g) to indemnify TalentPLAYERS, as well as the successors of the latter, from any burden and damaging or prejudicial consequence - including claims for damages or actions by those concerned or by third parties as well as sanctions imposed by the Authority for the Protection of Data personal - which should occur at the expense of TalentPLAYERS same arising out of or in connection with the falsity of the statements referred to in this paragraph 9.4 or violation by the Registered User of the obligations and guarantees provided against him by articles 8 and 9 and the applicable rules of personal data, the right to the image and the portrait and in general the rules on personal rights, copyright, even moral, and in general intellectual and industrial property.
11. RESOLUTION OF GTC - TERMINATION NOTICES USER - EFFECTS
11.1 TalentPLAYERS reserves the right to deny access to the Platform and Services in case of violation by the Users of the applicable laws and these Terms and Conditions.
11.2 TalentPLAYERS will have the right to suspend or terminate an account and its profile, remove or edit the content of profiles, resolve GTC, pursuant to article 1456 Civ. Cod., by written notification in sent by registered mail to the address of residence communicated by the Registered User being recorded, if the Registered User defaults on its obligations and guarantees imposed on it to it pursuant to articles 2 (USE OF THE PLATFORM), 4.1. 6. and 4.1.7 (COMPLIANCE WITH THE RULES OF COMMUNITY YOUTUBE), 4.2.6 (PAYMENT MEMBERSHIP PLAYER CLUB PRO.) 8.2 (AUTOMATIC CHARGE OF THE CONSIDERATION AND GUARANTEE CAPACITY OF CREDIT CARD), 9 (RIGHTS ON THE CONTENT PLACED BY YOU NOTICES), 10 (OBLIGATIONS, GUARANTEES AND DISCLAIMERS USER NOTICES), still subject to compensation for damages in addition to the retention of Consideration may be paid by the Registered User.
11.3 Similarly, TalentPLAYERS will have the right to suspend or terminate an account and its profile, remove or edit the content of profiles, resolve GTC, pursuant to article 1457 Civ. Cod., if the Users do not fulfill their obligation to pay the Consideration: in this case, if the payment of the Consideration has not been successful at the end of the Term, for five consecutive days after this fruitless expiry TalentPLAYERS will suspend the operation of the profile Registered User defaulting - while allowing visibility - and send to its user a daily payment notice by e-mail. At the end of the fifth day of the term without the payment of the Consideration it has been validly made, the GTC will be resolved in law and TalentPLAYERS close the profile and it will remove content and will have the right to hold the Consideration may be paid by the Registered User.
11.4 The Registered User shall at any time be entitled to withdraw from the GTC, deleting your profile.
11.5 In this case, the cancellation will take effect at the natural expiry of Membership in progress at the time of termination and TalentPLAYERS will have the right to hold its Consideration may be paid by the Registered User.
12. APPLICABLE LAW, JURISDICTION
12.1 The law applicable to GTC is Italian. Any dispute arising from the conclusion, execution and termination of the Terms and Conditions will be subject to the jurisdiction of the Judges of the Palermo hole.
12.2 If the User is a consumer or a person assimilated, the applicable law and jurisdiction as the local jurisdiction will be determined respectively by the country and the specific location where the User / consumer is resident.
13. CONTACTS WITH TALENTPLAYERS
For every need, including the submission of complaints, Users may contact TalentPLAYERS at the following addresses:
– Posta cartacea: TalentPLAYERS Srl, via Principe di Belmonte 93, 90139 Palermo
– E-mail: firstname.lastname@example.org, email@example.com
– Telefono: +39 091 778 2223
SPlease download our GTC using the link below and keep for future reference:
General Terms and Conditions in PDF format Download
Pursuant to and for the purposes of articles. 1341 and 1342 Civ. Cod. you accept the obligations specifically against him expressed in the following articles and paragraphs of the Terms and Conditions: 1.2 (MODIFICATIONS OF GTC), 3.4 and 3.5 (LIMITATIONS OF LIABILITY TALENTPLAYERS), 4.1.5 and 4.1.6 (ACCEPTANCE OF THE RULES OF COMMUNITY YOUTUBE), 4.2.4 (AUTOMATIC MEMBERSHIP RENEWAL PLAYER A PAYMENT), 4.2.6 (PAYMENT SUBSCRIPTION TO PLAYER CLUB PRO.), 5.4 (RESTRICTION VISIBILITY PROFILE PLAYER) 6.1.2 (AUTOMATIC MEMBERSHIP RENEWAL SCOUT & AGENT A PAYMENT), 7.1.4 (AUTOMATIC RENEWAL OF MEMBERSHIP CLUB FREE), 8.2 (AUTOMATIC CHARGE FEE), 8.4 (SUSPENSION AND CANCELLATION OF SERVICES PROFILE), 9.2 (TRANSFER OF RIGHTS ON THE CONTENT PLACED IN PROFILE), 10.4 (WARRANTIES AND DISCLAIMERS USER), 11.2 (GTC SETTLEMENT BY TALENTPLAYERS PART), 11.3 (TERM ESSENTIAL FOR THE PAYMENT OF THE CONSIDERATION), 11.5 (CONDITIONS OF CANCELLATION NOTICES USER), 12 (APPLICABLE LAW AND COURT OF ELECTIVE).