Terms of Use and Service

1. Object

These terms and conditions are intended to define the terms and conditions of use of the services offered on the site (hereinafter : the “Services”), as well as to define the rights and obligations of the parties in this context.

In particular, they are accessible and printable at any time by a direct link at the bottom of the site’s homepage.

They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions take precedence over these general conditions.

2. Services Operator

The web platform www.sportailcommunity.com and its Services are operated by and are the property of Sportail Community, a simplified joint-stock company with a share capital of € 2500, registered in the RCS of PARIS under the number 809 358 831, whose registered office is located at 180 Quai de Jemmapes 75010 PARIS, France (hereinafter referred to as “Sportail Community”).

The Director of Publication is Xavier BARBE.

Contact : xavier.barbe@sportailcommunity.com

The Sportailcommunity.com web platform is hosted by OVH located at 2, rue Kellermann – 59100 Roubaix – France.

Sportail Community can be contacted at the following coordinates :
Postal address : 180 quai de Jemmapes 75010 PARIS, FRANCE
Email address : sportailcommunity@gmail.com

3. Access to the Site and Services

The Services are accessible, subject to the restrictions provided on the website :

– any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of his legal representative ;

– to any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person. (Hereinafter the “User”)

4. Acceptance of general conditions

Acceptance of these terms and conditions is indicated by a check box in the registration form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.

5. Registration on the site

5.0 The use of the Services requires the User to register on the site, by completing the form provided for this purpose. The User must provide all the information indicated as mandatory. Incomplete registration will not be validated.

The registration automatically entails the opening of an account in the name of the User (hereinafter : the “Account”), giving him access to a personal space (hereinafter : “Personal Space”) which allows to manage its use of the Services in a form and
according to the technical means that Sportail Community deems most appropriate to render said Services.

The User warrants that all information given in the registration form is accurate, up-todate and truthful and is not misleading.

He undertakes to update this information in his Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.

The User is informed and agrees that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.

5.1 The User may access his Personal Area at any time after logging in with his login and password.

The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.

He is also responsible for maintaining the confidentiality of his username and password.

He must immediately contact Sportail Community at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes the right of Sportail Community to take all appropriate measures in such cases.

6. Description of the Services

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Sportail Community deems most appropriate.

6.0 Free and paid services

The Services are, as the case may be, provided free of charge or for a fee.

7.a) Free paid services

Services provided free of charge :
1) Freemium Subscriptions
2) Jobboard / CVThèque for “High Performance Athletes” candidates (CV submission + recruiting ad consultation)

7.b) Paid services

7. Price

The price of the Services is indicated on the site.

Unless otherwise stated, they are expressed in euros and all French taxes included.

Sportail Community reserves the right, at its sole discretion and according to terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.

a. Price revision

The price of Services may be subject to review by Sportail Community at any time, at its sole discretion.

The User will be informed of these changes by Sportail Community by email with at least one month’s notice before the entry into force of the new rates.

The User who does not accept the new prices must terminate his use of the Services in accordance with the terms set out in article 18. Otherwise, he will be deemed to have accepted the new rates.

b. Billing

The Services are the subject of invoices which are communicated to the User by any useful means.

c. Terms of payment

The terms of payment for the price of the Services are described on the site.

Payment is made by direct debit from the credit card number of the User.

The levy is implemented by the payment provider designated on the site, which alone retains the bank details of the User for this purpose. Sportail Community does not maintain any bank details.

The User guarantees Sportail Community that he has the necessary authorizations to use the payment method chosen. He undertakes to take the necessary measures so that the automatic deduction of the price of the Services can be made.

d. Delays and payment incidents

The User is informed and expressly agrees that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice :
(i) the forfeiture of the term of all sums due by the User and their immediate payment ;
(ii) the immediate suspension of the Services in process until the full payment of all the sums due by the User ;
(iii) Billing for the benefit of Sportail Community a late interest at the legal rate in force, based on the amount of all the sums due by the User : https://www.service-public.fr/particuliers/actualites/A12290

8. Data

The User acknowledges and expressly agrees :
(i) that the data collected on Sportail Community’s site and computer equipment is evidence of the reality of the operations performed hereunder ;
(ii) that such data constitutes the only admissible mode of proof between the parties, in particular for the calculation of the sums due to Sportail Community.

The User can access this data in his Personal Space.

9. Obligations of the User

Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations :
9.0 The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

In particular, he is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind incumbent on him, if any, in relation to his use of the Services. In no event shall Sportail Community be liable for this.

9.1 The User acknowledges having read on the website the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services.

9.2 The User is informed and accepts that the implementation of the Services requires that he is connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

9.3 The User is also solely responsible for the relations that he may establish with the other Users and the information he communicates to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. In addition, the User agrees in his exchanges with other Users to respect the usual rules of politeness and courtesy.

9.4 The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.

9.5 The User agrees to provide Sportail Community with all information necessary for the proper performance of the Services. More generally, the User agrees to cooperate actively with Sportail Community for the proper execution of these.

9.6 The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and / or image possibly chosen by the User to identify it on the site) that it disseminates as part of the Services (hereinafter referred to as the “Content”).
– It guarantees to Sportail Community that it has all the rights and authorizations necessary for the diffusion of these Contents.
– It undertakes that said Contents are lawful, do not infringe public order, morality or the rights of third parties, do not infringe any legislative or regulatory provisions and more generally, are in no way likely to game the civil or criminal liability of Sportail Community.
– The User is forbidden to broadcast, in particular and without this list being exhaustive : Pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
– Counterfeit contents,
– Attempting content in the image of a third party,
– False, misleading or proposing or promoting illegal, fraudulent or deceptive content,
– Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
– and, more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.

9.7 The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution can not be a substitute for these other means.

9.8 The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.

9.9 The User is informed and accepts that the implementation of the Services requires that he is connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10. User Warranty

The User warrants Sportail Community against any complaints, claims, actions and / or claims that Sportail Community may suffer as a result of the User’s breach of any of its obligations or warranties under these terms and conditions.

He agrees to indemnify Sportail Community for any loss he may suffer and to pay him any costs, charges and / or convictions that he may have to bear as a result.

11. Prohibited behavior

11.0 It is strictly forbidden to use the Services for the following purposes :
– the exercise of illegal activities, fraudulent or infringing the rights or security of third parties,
– breach of public order or violation of the laws and regulations in force,
– the intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system, violating its integrity or security,
– the sending of unsolicited emails and / or prospecting or commercial solicitation,
– manipulations intended to improve the referencing of a third site,
– the aid or the encouragement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
– and more generally any practice diverting the Services for purposes other than those for which they were designed.

11.1 Users are strictly prohibited from copying and / or diverting the concept, technologies or any other element of Sportail Community’s site for their own or third parties’ purposes.

11.2 Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempts to intrude into the Sportail Community systems, (iii) any diversion of resources system of the site, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to infringe the rights and financial, commercial or moral interests of Sportail Community or users of its site, and finally more generally (vii) any breach of these terms and
conditions.

11.3 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the site, as well as the information that is hosted and / or shared.

12. Penalties for breaches

In case of breach of any of the provisions of these terms and conditions or more generally, violation of the laws and regulations in force by a User, Sportail Community reserves the right to take any appropriate measure including :
(i) suspend or terminate access to, or participation in, the Services of the User, the author of the breach or offense,
(ii) delete any content posted on the site,
(iii) publish on the site any information message that Sportail Community deems useful,
(iv) notify any relevant authority,
(v) initiate any legal action.

13. Responsability and Guarantee of Sportail Community

a. Sportail Community undertakes to provide the Services diligently and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and accept specifically.

b. Sportail Community is not aware of the Content posted by the Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and for which it intervenes only ‘as a hosting provider.

Accordingly, Sportail Community can not be held responsible for the Content, whose authors are third parties, any possible claim to be directed in the first place to the author of the Content in question.

Content harmful to a third party may be notified to Sportail Community in accordance with the terms and conditions set out in Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Sportail Community reserving the right to take the measures described in article 12.

c. Sportail Community declines any responsibility in the event of loss of the information accessible in the User’s Personal Space, which must save a copy and can not claim any compensation in this respect.

d. Sportail Community undertakes to conduct regular checks to verify the functioning and accessibility of the site. As such, Sportail Community reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Sportail
Community can not be held responsible for temporary difficulties or impossibilities of access to the site that would be due to external circumstances, force majeure, or that would be due to disruption of telecommunications networks.

e. Sportail Community does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User based on his own personal constraints, will specifically meet his needs and expectations.

f. In any event, the liability that may be incurred by Sportail Community under the terms hereof is expressly limited to the direct and proven damages suffered by the User.

14. Intellectual Property

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, database, etc …) operated by Sportail Community within the site are protected by all rights intellectual property rights or the rights of database producers in force. All disassembly, decompilation, deciphering, extractions, re-use, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Sportail Community are strictly prohibited and may be subject to prosecution.

15. Personal Data

Warning
This model will be supplemented later by the information concerning the guidelines on the fate of personal data after death (Article 32-I-6 ° of the law of 6 January 1978 as amended).
***

The information collected on this form is recorded in a file computerized by SportailCommunity as part of its policy of protection of personal data. They are kept for 10 years and are intended for the Personal Data Processing Services
of Sportail Community.

In accordance with the law “Informatique et Libertés”, you can exercise your right of access to data concerning you and have them rectified by contacting :
Mr Xavier BARBE
Responsible for the processing of personal data
Sportail Community SAS – 180 quai de Jemmapes 75010 PARIS

We inform you of the existence of the list of opposition to soliciting phone “Bloctel”, on which you can register here : https://conso.bloctel.fr/

16. CNIL declaration

In accordance with the provisions of the law n ° 78-17 of 6 January 1978 relating to data, files and freedoms, the automated processing of personal data made from the site Sportailcommunity.com was the subject of a dematerialized declaration to the National Commission for Informatics and Freedoms (CNIL) under n ° 1868691.

17. Publicity

Sportail Community reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Sportail Community will be the sole judge.18. Links and third-party sites Sportail Community will in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User access through the site.

Sportail Community does not endorse any liability for the content, advertising, products and / or services available on such third-party mobile sites and sites which are reminded that they are governed by their own terms of use.

Sportail Community is also not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User is directed through the site and can not under any circumstances to be a party to any potential disputes with these third parties concerning, in particular, the delivery of products and / or services, the guarantees, declarations and any other obligations to which such third parties are subject.

19. Duration of Services, unsubscription

Services are underwritten for an indefinite period.

The User may unsubscribe from the Services at any time, by sending a request to thiseffect to Sportail Community by email, at the coordinates mentioned in article 2.

Unsubscription is effective upon receipt of the request by the services of Sportail Community. It automatically deletes the User Account.

20. Modifications

Sportail Community reserves the right to modify at any time these terms and conditions.

The User will be informed of these modifications by any useful means.

Users who do not accept modified terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.

Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these changes.

21. Language

In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

22. Applicable Law and jurisdiction

These general conditions are governed by French law.

In the event of any dispute as to the validity, interpretation and / or performance of these terms and conditions, the parties agree that the courts of Paris, France shall have exclusive jurisdiction to try them, except in the case of contrary mandatory rules of procedure.

23. Coming into force

These terms and conditions came into effect on January 12, 2018.

 

%d blogueurs aiment cette page :