TERMS AND CONDITIONS

These Terms of Use govern your use of Ellevate and provide information as set forth below about the Ellevate Service. By creating an Ellevate User Account or otherwise using Ellevate you acknowledge you have read and understood the Terms of Use and you agree to enter into a legally binding agreement with Footie Group Limited, 3 Milner Street, London, United Kingdom, SW3 2QA [“Ellevate”].

Ellevate Service

Ellevate is a social network connecting football talents, coaches, scouts, and teams. We provide a recruitment platform on which the Ellevate User can upload performance statistics, photos, and video content, and comments, as well as interact with the community of Ellevate Users. Ellevate Affiliates, who have entered into an agreement with Ellevate, offer benefits to Ellevate Users through the Ellevate Service including information about try-out and scouting events, news and special offers.

Becoming an Ellevate user

The Ellevate Service is available to persons of the age of 16 or older, or with parental consent, also for persons between ages 13 and 16. To be eligible to use the Ellevate Service, you must create an Ellevate User Account and password. You shall ensure that your Ellevate User Account credentials are kept secure and confidential. You should not allow third-parties to access your Ellevate User Account, nor should you access accounts that do not belong to you. You shall have only one Ellevate User Account. Bots and other automated accounts are not permitted. If it is suspected that an Ellevate User’s account credentials have been compromised, the Ellevate User shall immediately inform Ellevate at [email protected] You shall be responsible for any use of the Ellevate Service and any activity under your Ellevate User Account. You agree to provide accurate information. You are responsible to update your own data. Should you not adhere to the Terms of Use, Ellevate may restrict, suspend, or terminate your Ellevate User Account.

Becoming an Ellevate Affiliate

In order to use the Ellevate Service, the applicable affiliate representative, meaning a person legally authorized to represent the Ellevate Affiliate when entering into agreements, must accept the Terms of Use on behalf of the Ellevate Affiliate.

Ellevate User and Ellevate Affiliate Rights and Obligations

You may post, save, upload, and/or contribute content to the Ellevate Service, including photos, text, videos, and performance statistics. You retain ownership rights in, and are solely responsible for “User Content”, meaning anything posted by an Ellevate User through the Ellevate Service, but grant Ellevate a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license. Users have the sole responsibility for the accuracy, integrity, legality, appropriateness, and intellectual property ownership or right to use any and all uploaded data that you submit. Ellevate shall not be responsible or liable for the loss or failure to store any uploaded data. Ellevate does not make any warranty to recovering or restoring lost data. Inappropriate content is subject to removal and abusive users will be suspended. By using the Ellevate Services, the Ellevate User agrees for their information to be shared with applicable Ellevate Affiliates in order to be profiled, sponsored, scouted, or to receive special offers. Ellevate Users and Ellevate Affiliates shall be responsible for obtaining and maintaining any devices or equipment and connections needed for access to and use of the Ellevate Service and all charges related thereto. All information disclosed by Ellevate to an Ellevate User or Ellevate Affiliate shall be confidentially handled, irrespective of its form and medium in which it is contained, and proprietary information shall be regarded in particular: products, know-how, business secrets, business relationships, business strategies, business plans, financial planning, statistics, personnel matters. Such proprietary information shall also only be used if and to the extent required for using the Ellevate Service.

Ellevate Rights and Obligations

While we do not claim ownership of your content, upon posting on Ellevate, Ellevate is granted a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection to Ellevate. This license is applicable for the User’s period of having an Ellevate User Account. You can end this license anytime by deleting your content or Ellevate User Account. However, content will continue to appear if you shared it with others and they have not deleted it. Ellevate and its affiliates may retain and continue to use, store, display, reproduce, repost, modify, perform, and distribute any of your User Content that other users have stored or shared through Ellevate. Furthermore, removed content may persist in backup copies for a reasonable period of time (but not available to others). Ellevate is not responsible for any User Content. Ellevate does not endorse any opinions included in User Content. We reserve the right to remove and modify User Content that we believe violates these Terms of Use. Based on our discretion, we may feature talent and may take various factors into account when doing so. Ellevate values feedback from Ellevate Users and Ellevate Affiliates. We are free to use any feedback received without any restriction or compensation. We are not obliged to implement any feedback received. Ellevate is not responsible for third parties’ (including the Ellevate Affiliates’) content or information that is inaccurate, misleading, illegal or offensive, or for any damages arising as a result of the use of or reliance on it. We take commercially reasonable measures to safeguard our systems against so called malware.

Ellevate Data Policy

Providing the Ellevate Service requires collecting and using your information. See the Ellevate Privacy Policy which explains how we collect, use, and share information. It also explains the many ways in which you may control your information through privacy and security settings.

Availability and Termination of Ellevate Services

These Terms of Use are in force as a binding agreement until further notice as long as the Ellevate User or Ellevate Affiliate are using the Ellevate Service. We are always trying to improve our Ellevate Services. That means we may add or remove our Ellevate Services, features, functionalities, and the support of certain devices and platforms. Our Ellevate Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Ellevate Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Ellevate Services, such as events in nature and other force majeure events. The Ellevate User or Ellevate Affiliate may discontinue the use of the Ellevate Service at any time, for any reason. Ellevate can discontinue providing the Ellevate Service permanently or temporarily at any time.

Updating Terms of Use

We may change our Ellevate Service and policies, and we may need to make changes to these Terms of Use so that they accurately reflect our Ellevate Service and policies. We will only make changes if the provisions are not appropriate anymore or if they are incomplete and only if the changes are reasonable for you in consideration of your interests. Unless otherwise required by law, we will notify you of the changes and choices you have (for example, through our Ellevate Service) at least 30 days before we update the Terms of Use, and we will give you an opportunity to review them before they go into effect. Then, if you continue to use the Ellevate Service, you will be bound by the updated Terms of Use. If you do not want to agree to these or any updated Terms of Use, you can delete your Ellevate User Account, here. [hyperlink]. 

Limitation of Liability

We are liable only as follows: We have unlimited liability in accordance with statutory provisions; arising out of injury damaging to life, limb or health; in case of intent; of gross negligence; and in accordance with the Product Liability Act. Without limiting any of the above, we shall be liable for slight negligence only in the case of violation of an “essential” obligation under this agreement. “Essential” obligations in this sense are obligations necessary for the fulfillment of the agreement, the breach of which would jeopardize the purpose of the agreement in question, and which you can trust to be complied with. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence.

Intellectual Property Rights

The Ellevate Service includes the copyrights and intellectual property rights of Ellevate, Ellevate reserves all of its intellectual property rights in the Ellevate Service, including copyrights, patents, trademarks, design rights, graphics, and logos used in connection with Ellevate. This Agreement does not grant you any right or license with respect to any such trademarks and logos. These Terms of Use do not grant the Ellevate User any Intellectual Property Rights in the Ellevate Service and all rights not expressly granted hereunder are reserved by Ellevate and its subcontractors/licensors.

Dispute Resolution

If you are an Ellevate User and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms of Use or the Ellevate Service, and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the United Kingdom and that United Kingdom law will govern these Terms of Use and any claim, without regard to conflict of law provisions.

Indemnification by an Ellevate User

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Ellevate, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Ellevate Service, Your Content, or your breach of this Agreement.

Miscellaneous

If any aspect of these Terms of Use is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver. We reserve all rights not expressly granted to you. Ellevate shall be entitled to assign all or any of its rights or obligations to any affiliate or successor of its business assets without the Ellevate User or Ellevate Affiliate’s prior consent. The Ellevate User or Ellevate Affiliate shall not be entitled to assign any of its rights or obligations under this agreement. If any provision of these Terms of Use should be or become wholly or partially void, ineffective or unenforceable, the validity, effectiveness and enforceability of the other provisions of these Terms of Use shall not be affected thereby. Any such void, ineffective or unenforceable provision shall be deemed replaced by such valid, effective, and enforceable provision as comes closest to the economic intent and purpose of the void, ineffective or unenforceable provision. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Use.”]