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Terms and Conditions for Users

1) Definitions

"Clubee" means Clubee SARL, a registered company with headquarters in 12, rue de l'Industrie, L-3895 Foetz, R.C.S. Luxembourg B 189.993;

"Content" means any data an information uploaded by Users, including but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials;

"Customer" means any person, organization or company using the Services offered by Clubee, to whom the User might be directly or indirectly linked, or whom’s Services offered by Clubee the User is accessing or taking part in;

"Services" means use and access to the website hosting services, websites, communication tools, Clubee Database and other services that are available through the Site and Customer websites of www.clubee.com. Services include, but are not limited to, Materials, designs, storage, textures, photo elements, team modules and team management, network sharing, external social network management, archiving, linking of media and/or document files (including, but not limited to text, messages, user comments, information, graphics, data, and images). The number of Services available varies in accordance with subscription models;

"Clubee Advertisement Network" means an online advertisement platform created by Clubee which is used to offer advertisement places on the Customers Site.

"Advertisement Partner" means a company or entity which advertises through the Clubee Advertisement Network on the Customers Site.

"Site" means www.clubee.com and Customer websites or web applications designed or permitted by Clubee;

"User" means the person logging in on the Site with his password and login ID, once registered the User can post and share Content, communicate with other Users and access the Clubee Database;

2) Acceptance of Terms

Clubee organisation management platform for (sports) organizations, allowing Customers to build their own websites, post Content and allowing Users who register on a Customer website to connect with other people, share information and access the daily updating Clubee Database. These Terms and Conditions ("Terms") are applicable to each visitor of the Site as well as to Customers/Users using and accessing the Services that are available through the Site.

These Terms as well as the Privacy Policy are the entire agreement between Customers/Users and Clubee. By visiting the Site, logging in and using the related Services in any way, Users and Customers agree to and accept these Terms, our Privacy Policy and any other legal notices or guidelines posted on the Site.

Clubee may modify these Terms from time to time and such modification shall be effective upon posting by Clubee on this website. Users/Customers agree to be bound to any changes to these Terms when Customers/Users use the Services after any such modification is posted.

If Customers/Users do not agree to these Terms, they should not use the Services.

3) Description of Services

Our web and mobile-based Services allow Users to connect to organizations which are using Clubee to manage their operations, receive updates, and exchange data.

Users who register an account on one of these organizations websites or platforms, can access some Services, communicate with other Users, and share Content.

To use the Services, Customers/Users must have access to the Internet, either directly or through devices that access mobile and web-based content.

The Services may include certain communications from us, such as service announcements, administrative messages, the Clubee Newsletter and third party content (i.e. RSS-Feeds) Customers and Users may not access the Services by any means other than through the services interfaces we provide.

Any new features, or updates to the Services, including the release of new tools and resources, shall be subject to these present Terms.

4) Conclusion of the Contract and registration

To register on the Customer’s website and get an account, Users must provide a valid email address, a name and a birthdate.

Individuals under the age of 13 are prohibited from registering as a User.

If Customers/Users provide any information that is untrue, inaccurate or incomplete, or if Clubee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate the User/Customers account and refuse any and all current or future use of the Services or any portion thereof.

5) Privacy Notice

Our Privacy Notice, which is part of these Terms, describes how we collect, protect, and use Customers/Users registration data and certain other information about visitors and Customers/Users. We encourage Customers/Users and visitors to read the Privacy Notice, and to use the information it contains to help them make informed decisions.

6) Account and security

Customers/Users are responsible for maintaining the security of their account alternatively website, for all activities that occur or actions taken under the account or in connection with their websites. Customers/Users agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from Customers/Users in failing to comply with this security obligation. Customers/Users acknowledge and agree that under no circumstances will we be liable, in any way, for any or Customers/Users acts or omissions or those of any third party, including for damages of any kind incurred as a result of such acts or omissions.

7) Proprietary rights

The Services, all confidential and proprietary software used in connection with the Services, Materials, content contained in sponsor advertisements or in information presented to visitors and Customers/Users through the Services or by advertisers, and all other materials and services provided by or are owned by us or other parties that have licensed their materials, content, or provided services to us, are protected by copyright, trademark, trade secret, and other intellectual property laws.

We give Customers permission to use the Materials to the extent necessary to access and use the related Services in accordance with these Terms.

This permission does not permit visitors and Customer/Users to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. Visitors and Customers/Users may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services or Materials, create derivative works based on or in any manner commercially exploit the Services or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Services or Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.

Customers/Users shall own all intellectual property pertaining to their Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by them. By posting or uploading Content, Customers/Users shall agree that their Content will be automatically redistributed on the Site.

8) Rules

Customers/Users:

  • must own all rights in and to any Content uploaded by them, including but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials, or otherwise have the full power, title, licenses, consents and authority, in and to the Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Content;
  • must guarantee that their Content is true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for them to possess, post, transmit or display in the country in which they reside or we reside;
  • must have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of their Content;

Customers and Users will not:

  • upload, post, transmit or otherwise make available any Content that:
    By posting or uploading Content, Customers/Users shall agree that their Content will be automatically redistributed on the Site.
    1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
    2. upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Customer/User to access the Site and the Services;
    3. use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading, upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Customer/User to access the Site and the Services;

Customers/Users acknowledge and agree that their failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of their account and/or Services provided to them, with or without further notice, and without any refund of amounts paid on account.

All Customers/Users Content is under the sole responsibility of the one uploading such Content. Customers/Users, are entirely and solely responsible for all Content that they upload, post, transmit or otherwise make available via the services. Clubee does not review and is not responsible for the uploaded Customer/User Content.

If Customers/Users become aware of misuse of the Clubee Services by any Customer/User, they should please contact Clubee by email at info@clubee.com

9) Advertisement Network

Clubee has created the Clubee Advertisement Network to place advertisement banners on the Customers Site.

Customers on a free plan:

  • cannot accept or decline advertisements on their Site. Advertisements are by default accepted on the free plan.
  • cannot make Clubee responsible for an advertisement which competes with a sponsor of the Customers organization.

Customers on a paid plan:

  • have the rights to accept or decline advertisements in the Clubee Advertisement Network.
  • have a preview of every advertisement banner which will be displayed on their Site.
  • have an indication of the position of the advertisement banners placed on their Site.
  • have an overview of the incomes generated by the Clubee Advertisement Network.
  • will get a yearly discount of the amount generated through the Customers Site on their invoice of the next year.

By accepting an advertisement, the Customer agrees to the fact that this banner will be showed on predefined positions on their Site. The Customer has the right to disable an active advertisement at any time.

The amount generated through the Clubee Advertisement Network can only be claimed for the subscription following the year where the amount was generated. If the Customer cancels the subscription, the Customer cannot claim the generated amount through the Clubee Advertisement Network.

The amount raised through the Clubee Advertisement Network is based on the number of impressions generated by the Customers Site.

Clubee:

  • holds the rights to select Advertisement Partners.
  • cannot be made responsible for the content on the banners provided by the Advertisement Partners.
  • does not pledge a permanent amount of Advertisement Partners in the Clubee Advertisement Network.
  • has no influence on the impressions generated by the Customers.

10) Use of the Clubee Database

Clubee holds the intellectual property rights of the Clubee Database. The copying of all or substantial parts of the Clubee Database is not allowed without Clubee’s prior written consent.

Clubee has created and the Clubee Database which is being updated on a daily basis. Customers can interact with the Sport Database and Users, as well as Customers can access the data and information contained in the Clubee Database.

The following information is part of the Clubee Database and is available and can be accessed and updated by Customers only:

  • Creation, modification and removal of Teams and leagues (Logo, address, founding year country)
  • Creation, modification and removal of Player profiles (name, birthday, position, player number, height, weight, nationality, statistics, biography, photos and videos)
  • Creation, modification and removal of game results
  • Creation, modification and removal of game results, play-by-play action, game statistics, game-related quotes and other game-related data
  • Creation, modification and deletion of standings, rosters and player statistics
  • Creation, modification and deletion of image galleries, videos, and other media
  • Creation, modification and deletion of stadiums, arenas and other sports locations, including their photos, addresses, and other geographical data
  • Creation, modification and deletion of sponsors and sponsor categories
  • Creation, modification and deletion of events, games, and attendances of users and fans for each game or event

Customers and Users further agree that they will not:

  • Submit material that is copyrighted or otherwise subject to third party proprietary (or other) rights, including privacy and publicity rights, unless Customers/Users are the owner of such rights or have permission from the rightful owner to post the material and to grant Clubee all of the license rights.
  • Submit false information (see Section 8)
  • Sport to comply with applicable law ; or
  • if so ordered by any competent court ; or
  • to fulfill any legal obligation ; or
  • when a breach of the Terms and Conditions has occurred ; or
  • for management operations of the Clubee Database ; or
  • if any data is inaccurate ; or
  • if any data is entered by someone who is not authorised to do so ; or

Clubee may correct or delete Clubee Database data:

Clubee may withdraw the service provided hereup from a User/Customer at any time and is entitled, in its sole discretion, to terminate or slow down access to the Clubee Database for any reason, particularly a failure to adhere to the Terms and Conditions.

Clubee may suspend access to the Clubee Database, or part thereof, for maintenance purposes, upgrades, security fixes and deployment of new services.

Clubee may remove the personal data of an individual upon request by this individual.

Visitors and Customers/Users agree that Clubee cannot be made responsible for false information on a Player Profile, Teams, Leagues, Standings or results.Clubee does not guarantee the accuracy, or completeness or availability of the Clubee Database or of the data contained therein.

Use of the Clubee Database and the data contained therein is at the User's/Customer’s own risk. Clubee cannot be held liable for any direct or indirect damage of any nature whatsoever, arising from use of the Clubee Database. Any breach of the rules of copyright or database right is subject to criminal penalties under the offense of infringement, without prejudice to any claims for damages from the copyright holders.

If Customers/Users become aware of misuse of the Clubee Team Modules by any person or member of the Clubee Network, they should please contact the Customer or Clubee by email to info@clubee.com.

13) Data Protection and Treatment Agreement

We, Clubee S.à r.l., with registered office in Luxembourg, process data in accordance with the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (the “GDPR”), the Luxembourg Data Protection Act dated 1 August 2018, and other applicable laws on data protection (the “Data Protection Law”).

By using our Services, you confirm your agreement to these provisions, which shall apply to our contractual relationship with you, and will amend and replace any previous agreement in relation to the processing of personal data. Unless you notify us otherwise, your continuing instructions will amount to your acceptance of these provisions.

All the data protection related terms used in this document such as personal data, data subject, collect, processing, data controller, data processor, have the meaning ascribed to them in the GDPR.

Processing of personal data by Clubee as processor

Each Party shall at all times comply with the Data Protection Law in connection with any personal data that it processes under or in connection with the contractual relationship we have with you.

Each Party shall ensure that it has implemented and will maintain during the term of the relationship all necessary technical and/or organisational measures to ensure a level of security and confidentiality for the personal data being processed so as to protect it from any accidental or unlawful destruction, accidental loss, deterioration, unauthorised disclosure or access and any other unlawful forms of processing.

You, as a Customer, act as a data controller when you collect the personal data of your members and when you use our platform in order to insert the personal data of your members in our Services. You agree that the personal data relating to your members are transferred to Clubee and are processed in order to manage the Services.

You acknowledge and agree that as a Customer, you shall be the controller whilst Clubee shall only act as its processor in respect of the members personal data you insert in our Services.

In that case we shall:

  • process, the personal data in accordance with the written instructions received from you, unless it is required by Applicable Data Protection Law to process the personal data other than in accordance with such instructions;
  • have and maintain appropriate technical and organisational measures in accordance with Applicable Data Protection Law to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data;
  • ensure that our employees agents or directors authorised to process the personal data have committed themselves to confidentiality;
  • not sub-delegate the processing of personal data to a sub-processor without prior and express written authorisation of you. You hereby provide a general written authorisation to such sub-delegation by us. A list of the sub-processors to whom we sub-delegate the processing of personal data shall be provided upon request. We shall impose on the sub-processor substantially the same data protection obligations to those set-out in this letter;
  • if required, delete or return all personal data to you at the end of the provision of services relating to processing save that we shall be entitled to retain personal data with members’ agreement, or to the extent required by applicable law;
  • inform you immediately if, in our opinion, your instructions infringe Applicable Data Protection Laws;
  • reasonably assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights. We may charge you at our usual hourly rates for providing such assistance;
  • reasonably assist you in ensuring compliance with your obligations pursuant to articles 32 to 36 of GDPR. We may charge you at our usual hourly rates for providing such assistance.
  • not transfer, or otherwise permit access to, any personal data outside of the European Economic Area (“EEA”) unless:
    • the recipient has entered into an agreement with you containing the standard contractual clauses for the transfer of personal data in jurisdictions outside the EEA, adopted by the European Commission;
    • the recipient is located in a country in respect of which the European Commission has issued a finding of the adequacy of the protection of personal data; or
    • the transfer is otherwise permitted under Applicable Data Protection Law.

In order to enable you to comply with your obligations under Applicable Data Protection Law in relation to any personal data in respect of which we act as a processor only, we shall notify you of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed by us or any other processor engaged by us (“Personal Data Breach”) without undue delay. We shall provide you with reasonable assistance in your compliance with Applicable Data Protection Law in relation to the Personal Data Breach.

You shall ensure that you have all necessary consents and notices in place to enable lawful transfer of the members’ personal data to the Services for the agreed purposes. In this respect, you shall give full information to any member whose personal data may be processed of the nature of such processing, pursuant to the provisions of the GDPR.

Clubee’s own processing as independent controller

As part of our activities, it may happen that members of your Organization, whose personal file have been created by you, decide to create their own account on the Services. In such case, Clubee would be considered as an independent data controller over such personal data of that members.

15) Updates and Modifications

We may update the terms and conditions, Data Protection Agreements as well as privacy policies from time to time. We will notify you of any significant changes via email or through our platform. Your continued use of our services after the changes take effect constitutes your acceptance of the new terms.

16) Disclaimer of warranties

Clubee shall not be responsible for malfunctioning, interruption of Services, loss of data, accidental diffusion of personal or sensitive data and for any other damage due to fraudulent attacks such as data processing pirates, thieves, hackers, crackers, viruses and so on.

Clubee cannot be made responsible for the Content on the Customer’s website, no matter if this Content was published by a Customer/User or any third party. The Customer bears full responsibility for the Content of his website.

Clubee shall not be responsible if ever the Site contains typographical errors or other errors or inaccuracies and/or not be complete. We therefore reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time.

Under no circumstances shall Clubee be held liable for any delay or failure in the Site and/or any of the Services and/or information on the Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Clubee, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.

Clubee will not be liable for any losses arising out of a force majeure event.

17) Disclaimer of consequential damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL CLUBEE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY CLUBEE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY CLUBEE SITE AND THE CLUBEE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLUBEE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18) No resale or unauthorized commercial use.

Customer/Users agree not to resell or assign rights or obligations under these Terms. They also agree not to make any unauthorized commercial use of any Clubee Site.

19) Indemnity

Visitors and Customers/Users agree to defend, indemnify, and hold harmless Clubee, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other Material provided to any Clubee Site, (ii) Customers/Users use of the Clubee Database, or (iii) Cutsomers/Users breach of these Terms. Clubee shall provide notice to Customers/Users promptly of any such claim, suit, or proceeding.

20) Disputes

The use of the Site as well as the Contract between Clubee and the Customers shall be governed by these Terms and Conditions and shall be subject to the material laws of the Grand Duchy of Luxembourg. Any disputes arising from these Terms and Conditions, or from the purchase order, or litigation of any other nature between Clubee and visitors and Customers/Users shall be subject to the jurisdiction of the District Court of Grand Duchy of Luxembourg.

If any provision of the Clubee Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the Clubee Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

21) Notices

These Terms of Use were written in English, and translated into other languages for visitors and Customers/Users convenience. Visitors and Customers/Users may access and view other language versions by changing Customers/Users Clubee website language settings. If a translated (non-English) version of these Terms and Conditions conflicts in any way with their English version, the provisions of the English version shall prevail.

We may provide Customers/Users with notices via our Services, by e-mail or through any other contact means Customers/Users provided us.

The Clubee Terms, and Customers/Users use of the Clubee Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Clubee and their Customers/Users.

Clubee may transfer and assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Clubee Services and/or Licensed Content to a third party, without Customers/Users consent or prior notice to Customers/Users. Customers may not assign or transfer any of Customers rights and obligations hereunder without the prior written consent of Clubee. Any attempted or actual assignment thereof without Clubee's prior explicit and written consent will be null and void.