Terms of Use SportU

Welcome to SportU. If you live in the European Union, these Terms of Use will be concluded between you and SportU Benelux BV based in Amsterdam, the Netherlands.

The terms ("us", "we," the "Company" or "SportU") refer to SportU  Benelux BV, based on your country of residence.

1. Accepting the Terms of Use Agreement.

By creating a SportU account, either through a mobile device, a mobile application or a computer (collectively, the "Service"), you agree to (i) these Terms of Use, (ii) our Privacy Policy and our Safety Tips, each of which is included by reference in this Agreement, and (iii) disclosed and agreed to any terms with you if you purchase additional features, products or services that we provide on the Service (collectively this "Agreement"). If you do not accept the terms of this Agreement and do not agree to it by the terms of this Agreement, you should not use the Service.

We may make changes to this Agreement and the Service from time to time. We may do so for several reasons, including to reflect changes or requirements of the law, new features or changes to business practices. The most recent version of this Agreement will be posted on the Service and you should consult the latest version regularly. The most recent version is the applicable version. If the changes are significant, such as changes that affect your rights and obligations, we will notify you of the changes in advance. If you continue to use the Service after the changes have been applied, you agree to the revised Agreement.

2. Fitness.

You must be at least 18 years old to create an account on SportU and to use the Service. By creating an account and using the Service, you declare and guarantee that:

you can enter into a binding agreement with SportU.

you are not a person who may not use the Service under the laws of the European Union or any other applicable jurisdiction.

you will comply with this Agreement and comply with all applicable local, state, national and international laws, rules and regulations; And

you have never been convicted of a felony or a criminal offense (or a crime of similar seriousness), a sexual crime or a crime involving assault and that you do not have to/haven’t register(ed) as a sex offender in a state, federal or local sex offender registry.

3. Your Account.

To use SportU, you can log in using a Username and Password. In the long run, it may also be possible to log in with your Facebook login details. If you do this, you give us the right to access and use certain Facebook account information, including, but not limited to, your public Facebook profile and information about Facebook friends that you share with other SportU users who have given Facebook or SportU permission to use their personal information. For more information about the information we collect from you and how we use it, please refer to our Privacy Policy.

You are responsible for keeping your login credentials confidential that you use to log into SportU, and you are solely responsible for all activities that take place in the name of those login credentials. If you think someone has gained access to your account, please contact us immediately. Our contact details are listed at the bottom of the Terms of Use.

4. Changing the Service and terminating.

SportU always strives to improve the Service and provide you with additional features that you will find interesting and useful. This means that from time to time we may add new product features or enhancements, as well as remove features, and if these actions do not have a material effect on your rights or obligations, we do not need to notify you of these actions in advance. We may suspend the Service entirely, in which case we will notify you in advance unless extenuating circumstances, such as security or security considerations, prevent us from doing so.

You can terminate your account at any time and for any reason with a three-month notice period from the end of the month by following the instructions in the Service's "Settings"; this applies in particular to the Hotspots/locations as well as the Personal Trainers who offer their services through SportU. After your account is deleted, this Agreement will expire, although the following provisions will still apply to you and SportU: paragraph 4, paragraph 5 and paragraph 12 to 17.

5. Safety; your interactions with other users.

Although SportU strives to provide a respectful user experience through features such as the fully encrypted chat feature, which allows users to communicate with each other after expressing sporting interest in each other, it is not responsible for a user's behavior in the Service or beyond. You agree to be careful during interactions with other users, especially when you choose to communicate outside the Service or to meet in person. In addition, you agree to read and follow up on SportU's Safety Tips before you use the Service. You agree not to provide financial information (e.g. your credit card or bank details), or transfer money or otherwise transfer it to other users.

You are Solely responsible for your interactions with other users. You understand that SportU does not conduct criminal background checks on its users or otherwise establish its users' background. SportU does not provide any explanation or assurances about the behaviour of the users.

6. Rights that SportU grants to you.

SportU grants you a personal, global, royalty-free, non-transferable, non-exclusive, revocable and non-sub-licensed license to access and use the Service. This license is the sole purpose of allowing you to benefit from the benefits of the Service as intended by SportU and permitted under this Agreement. That's why you agree to:

not use the Service or content in the Service for any commercial reasons without our written consent;

not to copy, modify, transfer, create, use, or recreate copyrighted material, images, trademarks, or other intellectual property, derivative works therein any way content or sensitive information accessible through the Service, without SportU's prior written consent;

not to say or insinuate that any statements you make are supported by SportU;

not to use a robot, bot, spider, crawler, scraper, application for finding/searching websites, proxy or other manual or automatic device, method or process to view, retrieve or index user data, data mining, or in any way reproduce or circumvent the navigation structure or presentation of the Service or its contents;

not to use the Service in a manner that may interrupt, disrupt, or adversely affect the Service or the servers or networks associated with the Service;

not to upload viruses or other malicious codes or otherwise compromis the security of the Service;

not to manipulate headers or otherwise manipulate identifiers to conceal the origin of information transferred to or through the Service;

not part of the Service without 'framing' or 'mirroring' sportu's prior written approval;

not to use metatags or code or other devices containing references to SportU or the Service (or a trademark, trade name, service mark, logo or slogan of SportU) to refer anyone to another website for any purpose;

not modify, sub-license, translate, sell, reverse-engineer, decipher, decompile or otherwise disassemble any part of the Service, or allow others to do so;

not to use or develop third-party applications that work with the Service or other users' content or information without our written consent;

not to use, access or publish the SportU application programming interface without our written consent;

not to scan or test the vulnerability of our Service or any system or network.

not to encourage or promote any activity that violates this Agreement.

The Company may initiate an investigation and take legal action in response to illegal and/or unauthorized use of the Service, including the termination of your account.

Any software we provide may automatically download or install upgrades, updates or other new features. You can customize these automatic downloads through your device's settings.

7. Rights you grant to SportU.

By creating an account, you grant SportU a global, transferable, sub-licensed, royalty-free right and a global, transferable, sub-licenseable, royalty-free license to provide information for which you give us permission to view it through Facebook, but also any information you post, upload, display, or otherwise make available (together, called "posts") on the Service or to other users by hosting, storing, using, copying, reproducing, modifying, editing, editing, modifying and distributing (together, called “content”). The license to SportU on your Content is non-exclusive, with the exception of derivative works created through the use of the Service. SportU has an exclusive license on these works. For example, SportU has an exclusive license on screenshots of the Service that shows your Content. In addition, you give SportU the permission to act in your name regarding infringing use of your Content through the Service by other users or third parties, so that SportU can prevent the use of yourContent outside the Service. This expressly includes the power, but not the obligation, to send notifications in your name in accordance with 7 U.S.C. § 512(c)(3) (i.e. the so-called 'takedown notices' of the DMCA) if your Content is acquired and used by third parties outside the Service. You agree that any Content you post and for which you authorize us to place it on the Service may be viewed by other users and viewed by anyone who visits or participates in the Service (including people who receive shared Content from other SportU users).

You agree that any information you send after creating your account, including information sent from your Facebook account, is accurate and true and that you have the right to place the Content on the Service and license it to SportU.

You understand and agree that we can review or review Content that you post as part of a Service. We may remove in full or in part content that we believe violates this Agreement or may affect the Service's reputation.

When you are in contact with our support staff, you agree to be respectful and friendly. If we believe that your conduct towards any of our support employees or other employees at any time is threatening or offensive, we reserve the right to immediately delete your account.

In exchange for SportU's permission to use the Service, you agree that we, our affiliates and our third parties may place advertisements on the Service. By sending suggestions or feedback to SportU about our Service, you agree that SportU may use or share such feedback for any purpose, without reimbursing you.

Please note that SportU has access to your account information and Content and may store and disclose it if required by law, by performing its agreement with you, or if we believe in good conscience that such access, storage and disclosure serves a legitimate interest, in order to: (i) comply with legal proceedings; (ii) implement the Agreement; (iii) to respond to claims that any Content violates the rights of third parties; (iv) respond to your customer service requests; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community rules.

By using the Service, you agree:

not to use the Service for an application which is illegal or prohibited under this Agreement;

not to use the Service for harmful or criminal purposes;

not to use the Service to harm SportU;

not to violate our Community Guidelines, which we occasionally update;

not to spam users, to ask for money or to cheat;

not to imitate a person or entity or post images of another person without his or her consent;

not to bully, 'stalk', intimidate, assault, harass, abuse or defame anyone;

not to post content that violates or infringes a person's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property rights or contract law;

not post content that may be classed as hateful, threatening, sexually explicit or pornographic, incites violence, or contains nudity or raw or senseless violence;

post content encouraging racism, bigotry, hatred or any form of physical harm against a group or individual;

not to ask for passwords for any purpose, or to distribute personally identifiable information for commercial or unlawful purposes of other persons, or to disseminate someone else's personal information without his or her consent;

not to use another user's account, share an account with another user, or have more than one account;

not to use create another account if we have already deleted your account, unless you have our permission;

SportU reserves the right to investigate and/or terminate your account without refund of any purchases in the event that you have violated this Agreement, you have abused the Service or behaved in a manner that SportU considers inappropriate or unlawful, including actions or communications that take place within or outside the Service.

9. Content from other users.

Although SportU reserves the right to review and remove Content that violates this Agreement, such content is the sole responsibility of the user who posts this Content, and SportU cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact details at the bottom of the page.

10. Purchases.

In general. From time to time, SportU may offer products and services for sale ('in-app purchases') through iTunes, Google Play, billing of providers, direct billing from SportU or other billing and payment platforms approved by SportU. If you choose to make an in-app purchase, you will be asked to confirm your purchase with the relevant payment provider and your payment method (your card or a third-party account such as Google Play or iTunes) (your 'Payment Method') will be charged for the in-app purchase at the prices shown to you for the service(s) you selected, as well as any sales or taxes that may be imposed on your payments, and you authorize SportU or the external account, if applicable, to charge you amounts.

After each payment, you will receive a receipt by e-mail. An objection to a payment already made should be addressed to Customer Support if you were billed directly by SportU, or the relevant third-party account, such as iTunes. You can also appeal by contacting your bank or payment provider, who can provide more information about your rights and the applicable time limits.

You can revoke your permission for automatic card payments at any time via SportU or the relevant external account, but please note that you are still required to pay any outstanding amounts.

11. Notification and procedure for filing copyright infringement claims.

If you believe that your work has been copied and posted on the Service in a manner that can be classified as copyright infringement, you must provide our Copyright Officer through the support department the following information:

an electronic or physical signature of the person empowered to act on behalf of the copyrighted owner;

a description of the copyright work that you believe has been infringed;

a description of where the material you believe has been infringed can be found on the Service (such a description should reasonably be sufficient to enable us to find the alleged infringing material);

your contact details, including address, phone number and email address;

a written statement from you that you believe in good faith that the disputed use is not permitted by the copyright holder, his representative or the law; And

a statement from you, issued under penalty of perjury, that the above information in your notice is accurate and that you are the copyright holder or authorized to act on behalf of the copyright holder.

A notice of copyright infringement claims should be given to the Company's Copyright Officer via the contact address at the bottom of the page.

SportU will terminate the accounts of users who repeatedly violate copyrights.

12. Disclaimers.

SportU provides the service on an as is and as available basis and to the extent permitted by applicable law, and does not provide any guarantees of any kind, whether explicitly or implicitly, legally or otherwise, with respect to the service (including the content contained therein), including, but not limited to, any implicit guarantees of adequate quality, marketability, suitability for a particular purpose or non-infringement. SportU does not cert for or guarantee that (a) the service will be uninterrupted, safe and error-free, (b) any service failures or errors will be fixed or (c) that any content or information you obtain on or through the service will be accurate.

SportU is not responsible for any content that you or another user or third-party posts, sends or receives through the service. Any material that is downloaded or otherwise obtained through the use of the service is used at your discretion and at your own risk.

13. Third-party services.

The Service may include advertisements or promotions offered by third parties and links to other websites or resources. SportU is not responsible for the availability (or lack of availability) of such external websites or tools. If you choose to communicate with third parties through our Service, the terms of such party will govern their relationship with you. SportU is not responsible or liable for the terms or conditions or actions of such parties

14. Limitation of liability.

To the extent permitted by applicable law, SportU, its partners, employees, licensors or service providers are under no circumstances liable for any indirect, consequential, exemplical, incidental, special or punitive damages, including, without limitation, loss of profit, whether directly or indirectly incurred, or any loss of data, use, goodwill or other intangible losses resulting from: (i) your access to or use or inability to access or use the service , (ii) the behaviour or content of other users or third parties on, through, or after use of the service; or (iii) unauthorized access, use or modification of your content, even if SportU has been notified of the possibility of such damage. Under no circumstances will SportU's aggregate liability to you for all claims relating to the service exceed the amount paid, if any, by you paid to SportU for the service during having an account.

Some jurisdictions do not allow the exclusion or limitation of certain harms, so some or all exclusions and restrictions in this section may not apply to you.

15. Arbitration and litigation.

The European Commission's online dispute resolution platform is available through http://ec.europa.eu/odr. SportU does not participate in dispute resolution procedures through arbitration for consumers for users residing in the EU or the European Economic Area. Dutch law applies to our Terms of Use.

16. Safeguard by you.

You agree, to the extent permitted by applicable law, to safeguard and defend our partners, and their and our respective officers, directors, representatives and employees against and in compensation for any and all complaints, claims, damages, losses, liabilities and expenses, including attorney's fees, as a result of, or related to, your access to or use of the Service , your Content or your violation of this Agreement.

17. Full Agreement; Other.

This Agreement, together with the Privacy Policy, Safety Tips and any terms disclosed to you and accepted by you when purchasing additional features, products or services that we provide on the Service, contains the full agreement between you and SportU regarding the use of the Service. If a provision of this Agreement is deemed invalid, the remainder of this Agreement shall remain in full force. The Company's failure to implement or enforce any right or provision of this Agreement does not constitute a waiver of such law or provision. You agree that your SportU account is non-transferable and that all your rights to your account and its contents will expire after your death. No agency, partnership, joint venture, agent or other special relationship or employment is formed as a result of this Agreement and you may not make any statements on behalf of SportU or SportU in any way binding.

If there are any questions/comments regarding the Terms of Use, you can contact us via:

SportU Benelux BV

Olympic Stadium 24-28

1076 DE Amsterdam - The Netherlands

Email: support@sportu.eu