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Legals : Sportiw SAS - 42 avenue Jean Jaures - 73000 CHAMBERY - contact(at)sportiw.com

General conditions of use of Sportiw
Terms updated and effective November 12, 2019

The Sportiw Company aims to facilitate the connection of sports professionals from all over the world.
To do this, it publishes a Sports Recruitment Support Platform, in particular by facilitating the meeting of Players, Coaches, Agents, or others such as Physical Trainers, Club Presidents and Recruiters (non-exhaustive list), accessible at the following address: www.sportiw.com.
Its mission is to provide connection tools between all these profiled actors and access to secure Offers Pages, so that job offers come to meet both personal and collective needs and to promote opportunities for exchanges within a network of trust.
Sportiw offers differentiated Content and Services, depending on the quality of the Internet User and the Member, the qualification of the Information announced.


Summary
1. OBJECT
2. DEFINITIONS
3. MEMBER
    3.1. Registration
    3.2. Account
4. SERVICES
     4.1. Sports resume
     4.2. Premium
5. PRIVACY AND GDPR
6. PAYMENT
7. INTELLECTUAL PROPERTY
     7.1. Use of the Platform and Services
     7.2. Uses of Content posted by Members
8. LIABILITY
9. TERMINATION
10. DISPUTES
11. LEGAL NOTICES


1. OBJECT
The present general conditions of use (hereinafter "the present" or "CGU") are intended to regulate access to and the terms of use of the Site and the Platform and to govern the relationship between Sportiw , on the one hand, and Internet Visitors and/or Member Users of the Site and Services, on the other hand.
By clicking on the "Registration/Login" button, by registering for the Company's Services, by accessing them or by using them, Internet users acknowledge having read and accepted all of these CGU and having subscribed to a basic subscription. free.
To refuse these CGU, simply do not click on "Register/Login", do not access or use the Company's Services.
To terminate the acceptance, at any time, simply close the open account, no longer use or access the Services of the Company.
At any time, the Company may modify these. In the event of substantial modifications, an information message will be broadcast on the Site, explaining the content of these and their date of entry into force. In the event of opposition, the User will close his account, as for a simple termination. If the User continues to browse and/or use the Sportiw Services, he is deemed to accept the updated conditions.

2. DEFINITIONS
In the Present, the Sportiw Company understands and uses the terms as defined below:
"Company" or "Sportiw" refers to the Sportiw Company, publisher of the site, owner of the Site and the Linking Platform and co-contractor of the Present with the Internet User and/or the Member,
"Site" or "Website" means the interface for the reception and use of the Services of the Company, of all the files hosted on the server of the latter, which can be consulted via the Internet.
This communication, transmission and digital connection tool is managed by the Company, which publishes available Services allowing access to the Platform via a computer, via a telephone or a mobile tablet,
"Platform" is understood as an intermediation tool between many users, presumed advertisers and suppliers of truthful Information, allowing the animation of an ecosystem with a broad vocation in the field of sports recruitment.
It is part of a participatory approach.
Unlike Websites, Digital Platforms animate and promote Content that they do not create,
"Verified Information" contains the idea that the Information transmitted by the Internet User has been cross-checked and verified and therefore offers greater guarantees of veracity than unverified Information.
However, not all Information posted online and available on the Platform can be verified and remains simple Information,
"Content" means a sum of Information or Data produced by a Member and for which he is responsible,
"Form" means the form with predefined fields that the Member undertakes to complete by providing accurate and up-to-date Information. Some fields are mandatory, others simply optional,
"Verified Profile" or "VP" for Verified Profile means a status of the Member's file registered on the Platform, regardless of their Profile (Player, Coach, Agent, others, etc.) or their field of sporting activity (basketball, handball, etc.).
A Verified Profile means that the Company has made its best efforts to ensure that the holder of the Member Account is the individual presented on the Profile.
As soon as he benefits from this label, the Member has more guarantees of success in his connection, for his own benefit as well as for that of the Platform.
To obtain this label, the Member can send a verification request to the Company as explained on his Profile,
“Unverified Profile” or “NVP” for Non Verified Profile means that the Company cannot provide guarantees as to the identity of the Account holder.
Therefore, the Member has less visibility on the Platform and less access to the Services,
"Internet User" refers generically to any person having access to the Site, whether Member or simple Visitor, simply emphasizing his status as an Internet surfer,
"Visitor" or "Non-registered" means the Internet user who does not register and/or who does not use the Services of the Platform, unlike the Member.
He can nevertheless access certain functionalities of the Site as a simple Visitor,
"Member" means an Internet user who, for his own account, registers and/or becomes a user of the Platform Services.
To become a Member, the Internet user must be over 13 years old and, in the event that he has not reached the legal majority required in his country to contract, he must be assisted by a person who, on his behalf and according to his directives, has the capacity to conclude for others.
He must also have accepted the CGU without any reservations.
Member status is granted to people with different skills, but who all register and provide Information in their respective fields, in order to supply the Platform with Content,
"Subscription" or "Contract" means the agreement of concordant wills between the Company and a Member with a view to collaborating to enhance the Content provided by the Member on the Company's Linking Platform. The basic Contract or Subscription is free,
"Premium Subscription" means the Subscription, paid for, reserved for Members, offering them increased additional Services,
"Premium Member" means a Member with a Premium Membership.
In this case, in the field of the Company's Platform and/or its related applications, the Member who originally had free Services in the basic version, therefore has access to additional Services offered in addition, depending of its targeted expectations,
"Account" refers to all the IT tools and resources allocated to a Member after registration,
"Advertiser" represents a company or organization behind an advertising or marketing communication operation aimed at promoting its products and/or its brand,
"Annotation" means either a critical evaluation note, or more complete remarks that a Member can formalize concerning another Member on the latter's sports CV. This Annotation is only visible to the Member who made it,
"Player" or "Athlete" or "Sportsman" means a sports practitioner.
He is identifiable, like all the other people who register, by the sports CV he fills out and puts online.
In the same way as the other Members registered on the Platform, he has different, evolving statuses: he can be registered as a Member but not verified, i.e. have NVP status, or that of VP, or even be Premium,
“Agent” represents an intermediary who connects and advises the Player, the Coach or the Club with a view to concluding a contract.
As this profession is regulated, the Platform only recognizes Agents with the legal capacity to practice.
The Internet user wishing to register as an Agent must provide proof of this to the Company,
“Coach” or Trainer means a person who supervises a team made up of Players, attached to a Club,
"Others" includes several Activity Profiles, in particular the Physical Trainer who accompanies the Coach in the coaching of Players, the Sports Club which embodies the coaching structure of Sportsmen, the Sports Club President who coordinates the administrative activities of the Club and defines its sports policy or the Recruiter who participates in the selection of candidates for a Club, etc...
"CV" or "sports CV" refers to a document with fields pre-established by the Company, to be completed, for the purpose of standardization and provision of necessary and efficient Information with a view to establishing a relationship,
“Offers Page” includes all Profile positions posted on the Platform, regardless of the sporting profession sought,
"Marketplace" or "Restricted Forum" means a restricted list of announcements, which can be published and viewed by Members, depending on their status.
It represents the heart of the Optimized Matching Services offered by the Company
"Services" includes all of the Company's services,
"Premium Services" means additional Services, not available in the basic subscription, and payable,
"Use License" means a right of use granted by an Owner to a user, without transfer of ownership,
"Personal data" means any information relating to an identified or identifiable natural person, in this case a Member, directly or indirectly, by reference to an identifier relating to him or to one or more specific elements specific to him. .

3. MEMBER
The Platform is reserved for Internet users aged 13 or over. By registering, the Member declares and guarantees to have reached this minimum age.

3.1. Registration
To become a Member of the Platform, the Internet User must first register by completing a Form accessible online on the Site.
By completing it, the Member confirms that he has read these CGU and agrees to submit to them without reservation. He thereby guarantees that he has provided accurate, truthful, up-to-date, relevant and complete Information concerning his identity, his sporting activity and his contact details. If he is not an adult, he must also give the qualities and contact details of the person capable of representing him.
At any time, the Member may modify his Registration Information on the Site and the Platform.
In terms of prevention and/or detection of fraud, for the purposes of transparency and improving confidence in the Platform, the Company may carry out checks on Registration Forms.
If the Member provides false, inaccurate, outdated or incomplete data, the Company is entitled to suspend or terminate the Member's Registration and Account.
The same applies if the Member publishes data contrary to morality or public order, of a racist nature upon registration.
In all these cases, the Member fails in his obligations and the Company cannot be held responsible. Nor can it be held liable vis-à-vis Internet users and third parties.

3.2. Account
The Member is the holder of an Account and undertakes to create only one Account corresponding to his Profile.
The email address and password chosen by the Member during registration allow access to the Services. These data are confidential.
The Member is solely responsible for any use that may be made of his email address and password, and the sole guarantor of their confidentiality, as well as any use of his account, including if this Data is held and used by third parties by his fault.
The Member undertakes to immediately inform the Company of any unauthorized use of his Account, and of any breach of the confidentiality and security of his means of identification, by contacting the Company by email at contact[at ]sportiw.com
If the Company has legitimate grounds to believe that the security of the Services has been violated or misused due to unauthorized use of the Member's means of identification, it may temporarily suspend the account in order to preserve the integrity of the Platform and Data.
If it deems it appropriate, the Company may require the modification of these means of identification.
If the Member wishes to modify his means of identification, he must go to the Platform and modify his parameters in the “My personal data” section of his Profile.
At the end of a period of total inactivity equal to or greater than three (3) years, the Company reserves the right to deactivate the Member's Account.
However, the Member has the option of reactivating it within thirty (30) days of the suspension.
However, the deactivation of a Member's Account cannot take place as long as one or more Subscriptions are in progress.
In the event of the death of the Member, and upon production of the relevant supporting documents, the Account is deactivated.

4. SERVICES
The non-registered Internet user is not a Member and does not have access to the Services of the Platform.
Subject to compliance with the registration conditions set out above, the Member is able to take advantage of the free Services and features of the Platform, such as editing, posting a sports CV, searching for Profiles and creation and consultation of Offers. If he wishes, he can also have access to additional, paid Services, the Premium Services.
The Company may, in return for a payment it receives, broadcast on its Site advertisements and messages from Advertisers, companies and organizations; the dissemination of these third-party products and services on the Site allows the Company to guarantee that its Basic Services are free of charge to its Members. These advertisements and messages are not targeted.
Within the sports community, the Members who register carry out different trades and/or activities according to their training and professions. Aware of these distinctions but driven by an imperative of rationality, the Company has drawn up the following four (4) statutes:
  • Player,
  • Agent,
  • coach,
  • Others for all Profiles that do not fit into the first 3 categories.

4.1. Sports resume / Sports CV
Basic registration on the Company's Platform allows Members access to free Services for linking via the optimization of tools that it publishes.
Once registered, the Member has the possibility of completing a sports CV, standardized with pre-established fields, drawn up by the Company.
The Member undertakes to regularly update the Data relating to his Profile, and in his own interest, having regard to the purpose of the Services, namely the connection of people in the sports field. At any time, the Member can modify his Information on his Profile via his CV on the Platform.
In terms of prevention and/or detection of fraud, the Company may carry out checks on the sports CV. For the purposes of transparency and improving the confidence of the Platform and, to limit the risks of publication of unusable Ads, Sportiw undertakes to verify the Information provided by the Members in order to guarantee a Verified Profile or VP label. . This procedure is established and conducted by the Company.
If the Member provides false, inaccurate, outdated or incomplete Data, the Company is entitled to suspend or terminate the Member's Registration, his Account and thereby his access to all the Services.
The same applies if the Member publishes Data contrary to morality or public order, of a racist nature.
The Company may also refuse him, in the future, access to all or part of the Services.
In all these cases, the Member fails in his obligations and the Company cannot be held responsible. Nor can it be held liable vis-à-vis other Members, Internet users and third parties.
Thanks to the Platform it publishes, the Company offers tools for connecting people with different Profiles depending on the sporting field in which they evolve and especially according to their Profile.
Under no circumstances does the Company intend to participate in any way whatsoever in the commercial exchanges that may result from the connection of its Members.
The Company may, either automatically, or at its discretion, or at the request of a Member, verify Information on the CV, thereby guaranteeing it by issuing a Verified Profile or VP label. Therefore, the VP values ​​both the Member's CV and the quality of the Platform.
This is why the Company distinguishes by adding or deleting pre-established fields to be completed in the various CVs, according to the declared Profile. Thus, without assuming the authenticity of the information provided, the Company requests in particular to be contacted by the Agents to validate the creation of the Profile.
However, the Company is under no obligation to verify the existence, nature or timeliness of the Information provided in a CV, including with regard to the legal documents required by French law to exercise a profession, such as a diploma for a Coach or a license for an Agent. Especially since the legislative rules and the federations, just like the requirements in terms of diplomas and authorizations, are not identical in all the States of Europe and, a fortiori, in the world.
The Company publishes a Platform with networking tools for amateurs, semi-professionals and sports professionals. It is the responsibility of the Members, once connected through the Platform, to carry out checks by all means as to the veracity of the Information declared by one or more other Members with whom they have entered into a relationship. Members are also responsible for complying with applicable national and international rules relating to their Profiles.
The added value of the Platform lies in the guarantee offered to Members to benefit from a VP, thus allowing them to have more Services and to appear in the Marketplace, a Restricted Forum of Advertisement pages offered or to be filled.
In addition, the Company offers Members the possibility of evaluating another Member by noting it, in its private space. The Annotation is not intended to be viewed or traded with other Members.
The Free Services of the Registered Member vary according to his Profile and the Verified label of his Profile.
A Player with an NVP can create and manage their CV and is visibly displayed as an Unverified Profile for the entire Member community. Their Profile does not appear in the Marketplace, except via a “View Unverified Profiles” filter. In the Listings Pages, he only has access to Premium Listings and can apply for them by being rated NVP. He can only see the number of available Ads other than Premium, but not their Content, nor apply for them.
The VP label also allows the Player to display his Profile in the Marketplace, but only visible to Premium Players.
An Agent cannot in principle have an NVP. As this profession is subject to specific regulatory rules, particularly in France, the Platform published by the Company does not allow Agents to register without checking their status. If the Member wishes to continue his Registration and create an Agent Account, he must then contact the Company.
A VP Agent can manage his list of Players by adding or removing Members. On the other hand, he cannot co-administer the Profiles. He has access to the Marketplace but can only see Premium Profiles in the Players search with a message indicating the number of other Players corresponding to his search. He also does not see the "Contact info" block in the CVs, unless he is a Premium Player. A VP Agent can also create Listings but only visible to Premium Members. He can only see Premium Listings in the Listings search, but sees the number of all other Listings available on the Platform. Above all, a VP Agent cannot apply for his Players. But he can ask the Company to create Player Profiles or create them himself, while the Player recovers his Account.
An NVP Coach already has access to the Marketplace, but can only see Premium Profiles in the list of Players or Athletes; a message nevertheless indicates the number of other Players or Athletes forming a non-Premium list. He cannot create Ads..
A VP Coach also has the ability to create Ads but only visible to Premium Members.
All Other Members who are neither Players nor Agents follow the same rules as Coaches for access and Content, more or less restricted, to free Services.

4.2. PREMIUM
In addition to the free basic Services, the Member can purchase paid services or Premium Services. In this case, he agrees to fulfill the additional obligations related to payment described in Article 6.
As for the free Services, the paid Services of the registered Member vary according to his profession. In addition, a Premium Member automatically has the VP.
Thus an Athlete or a Premium Player sees his Profile appear in the Marketplace and be visible to all those who can access this restricted Forum. He has access to all online Offers and can apply there.
A Premium Agent can manage his list of Players (with additions and deletions) and co-administer the Profiles of his Players. He has access to the Marketplace and sees all Players. He is able to create Offers visible to all and able to see all Offers posted. He can apply for his Players. He is finally able to give Premium visibility to his non-Premium Players.
A Premium Coach sees all Players, regardless of their Profiles. He can create Offers visible to all.
All other Members who are neither Players nor Agents follow the same rules as Coaches for access and content to Premium Services.

5. PRIVACY AND GDPR
The Company has developed a privacy policy vis-à-vis its Members, in accordance with the regulations applicable in France since May 25, 2018 on the protection of personal data resulting from the general data protection regulations (GDPR). To find out more, the Internet User and the Member can refer to the Site at the “Confidentiality and GDPR” link.
By registering and using the Services, the Member accepts that the Company accesses the Information and Personal Data provided, that it stores, processes and shares them, in accordance with the terms of the privacy policy and the Subscription options. chosen.
Subscription to the Premium Subscription implies payment and therefore collection, processing and storage of the Member's Bank Data. The Company, in accordance with the legal obligations related thereto, may retain by default the Bank Data of the Member who is part of a regular commercial relationship.
In accordance with the regulations in force, the Company undertakes to keep the data collected and processed since the creation of the Account for a period of three (3) years after the last contact with Sportiw or the last connection to the Site www.sportiw.com . Beyond that, the Member's Account will then be deleted, the Data anonymized and stored for statistical purposes only. To benefit again from the Services of the Company, the Member must create a new Account.
When browsing the Site, the Member sees advertising banners appear. The Company undertakes not to transfer the Personal Data of Members to Advertisers, nor to share them in order to avoid the identification of a Member. Thus, these advertisements are delivered without personal targeting.

6. PAYMENT
Access to and Registration on the Platform, as well as research, consultation and publication of Advertisements in the basic system are free of charge as stated above in Article 4 relating to Services. However, access to Premium Services is chargeable.
To subscribe to Paid Services, the Premium Member will activate an option on the Platform and will thereby undertake to pay the full amount of the Subscription upon activation of their choice.
The Premium Member pays for his entire Subscription by paying it in one go (for one month, three months or one year). The Company sets up a secure payment system to which the Premium Subscriber can choose to subscribe.
The Member who decides to become Premium buys a Subscription for a period of: one month, three months or one year, renewable. Before the end of his Subscription period, the Member is automatically notified by the Company that his Subscription is about to expire and that he can renew it. If he does not wish to renew it, the Member may either express his intention not to renew his Premium Subscription, or let his Subscription come to an end, the overrun of which removes de facto access to paid Services (with the exception of monthly subscriptions which have an automatic renewal system - can be canceled at any time in Menu > My Personal Data).
The Company is entitled to increase the price of its Premium Subscription in order to guarantee the performance objectives of the Platform under the best conditions. This increase is then notified to the Subscriber who is entitled to refuse it by unsubscribing from the Premium Services.
By subscribing to the Premium Services, the Premium Member agrees to pay applicable fees and taxes depending on the location of the transaction, foreign exchange transaction fees (such as the currency exchange rate with regard to the euro). Any failure to pay these fees and taxes results in the termination of the Paid Services.

7. INTELLECTUAL PROPERTY
The Company owns the Site and the Platform, both in its technical and graphic, textual or other components, subject only to the Content provided by the Members themselves, and the advertising provided by third parties.
The Site, the Platform and the Services are made available by means of software and databases designed and developed by the Company which belong to it or over which it has intellectual property rights.
The Content posted on the Site and the Platform also belongs to the Company, subject to the reservations specified above.
Sportiw is therefore the sole owner of all the intellectual property rights relating to all the elements mentioned above.
The use of the Site, the Platform and the Services does not give the Member any right to any of these elements, subject to the rights relating to the Content provided by the Members themselves and to the advertising provided by third parties.
Acceptance of these CGU constitutes recognition by the Member of the intellectual property rights of the Company listed in this Article and the commitment to respect them.

7.1. Use of the Platform and Services
The Company grants the Member a non-exclusive, personal and non-transferable License authorizing him to use the Platform and all the Services, as well as the data they contain, for his use related to sports activity, in accordance with the Present CGU and, in particular, in accordance with the purpose of the Platform, namely the provision of tools for connecting the sports world.
Any other exploitation or use of the Platform, the Services, their content and in particular the data they contain is excluded from the scope of this License unless expressly authorized in advance by the Company.
In particular, any extraction, or reuse beyond the normal use of the Platform, of the data contained and/or of the Services is strictly prohibited for the Member without the express and prior authorization of the Company.

7.2. Use of Content posted by Members
In order to enable the provision of the Services and in accordance with the purpose of the Platform, the Member grants the Company a non-exclusive License to Use the content and Data that he integrates and/or puts online via the Platform.
The Member guarantees to the Company that the Data, Information or Content provided complies with the law and does not infringe the rights of others.
The Company does not acquire any ownership rights over the Data, Information and/or Content produced by Members.
By publishing their Data, Information and/or Content on the Platform, each Member agrees that they will be disseminated on the Platform and accessible to other Members, in accordance with the personal settings registered in their Account and the Services subscribed to.
Therefore, each Member authorizes the other Members to consult his Personal Data thus accessible via his Profile and to use them to contact him, according to the Service options subscribed by each. He expressly accepts this use of his Profile, which falls within the very essence of the Platform and the Services.
For the sole purpose of executing the purpose of the Platform, the Member authorizes the Company to reproduce, represent, adapt and translate the Content and Data provided by him via the Platform, under the conditions defined below.
The Company is authorized to reproduce all or part of the Content provided by the Member on any recording medium, current or future, to the extent necessary for any storage, backup, transmission or download operation involved in the operation of the Platform and the Services.
The Company is authorized to adapt and translate the Members' Content, as well as to reproduce these adaptations on any medium, current or future, with the aim of providing the Services, in different languages, the vocation of the Platform being international and the Members from all over the world. This right includes the ability to make, in compliance with the moral rights of the Member, modifications to the formatting of its Content in order to respect the graphic charter of the Platform, to make it compatible with its technical performance or the relevant formats. , with a view to its insertion and publication via the Platform.
The purpose of this authorization is to allow the Company to broadcast by digital network and according to any communication protocol, the Content and Data of Members, so that they can access them, in accordance with the options and Services chosen by each Member.
This license is granted for the whole world and for the duration of the Contract binding the Member to the Company.
In the event that a manifest infringement is made to intellectual property rights on the Platform, the Member who suffers it must report it to the Company, with a view to bringing it to an end.

8. LIABILITY
The Company cannot be held responsible for the Content and any other form of Information from the Internet User or the Member.
The Company cannot guarantee that its Services will always be available and fully operational. In addition, Access to the Site and the Platform may be temporarily suspended for reasons of updates or maintenance.
As part of the use of its Services, the Internet User and the Member accept their update intended to improve, perfect and develop them.
The maintenance or installation of new features of the Site may lead to a risk of loss of Data, without the right to compensation. The Member must ensure the safeguarding, protection and security of his Data by his own means.
Due to the characteristics and limits of the Internet, the Company declines its responsibility in the event of difficulty in accessing the Site (network saturation), contamination of the Data by virus, malicious intrusions by third parties on the Site and/or on the Platform, misappropriation of Members' Data.

9. TERMINATION
The Company, like the Member, may terminate the Subscription Contract at any time, by informing the other party of its intention in writing, or by completing a Form intended for this purpose in the case of a Member, or by mail (paper or electronic) with acknowledgment of receipt when it comes to the Company.
Within forty-eight (48) hours following this unsubscription, which implies the termination of the Contract, the Member no longer has access and can no longer use the Services of the Platform.
The Member's Profile, Information and Content previously published may be reused within the limit of three (3) years to maintain the purpose of Services to other Members who, having processed the Profile of the Member who has terminated, have been put in contact with him via the Platform.
Any sum due by the Company or the Member to the other party prior to the termination remains due after the latter.

10. DISPUTES
These CGU are subject to French law.
Any dispute relating to the execution or interpretation of the Present, which the Company and the Member(s) could not resolve amicably within a period of two (2) months from the occurrence of the dispute, will be brought before the competent courts of Chambéry (France).
In the event of difficulty of interpretation, the French language version in force of these CGU prevails over any other version and/or interpretation in another language.
Following the provision of inaccurate, false or contrary to morality data, the reputation of the Company may be damaged. Therefore, Sportiw reserves the right to take any legal action to put an end to the infringement and claim damages.

11. LEGAL NOTICES
The Platform for linking and promoting Content is hosted by the Website www.sportiw.com, itself published by the company SPORTIW, a simplified joint-stock company (SAS) with share capital of 30,000 euros, registered in the Register of Commerce et des Sociétés (RCS) of Chambéry on June 27, 2018, under number 840 493 977, whose registered office is located at 42, avenue Jean Jaurès in Chambéry (73000).