The following describes the terms and conditions under which Golden Boy Technology & Innovation Srl (hereinafter, the Company) offers its users access to the services available on the website PostGol.com (hereinafter, the Site).
1.1 Welcome to PostGol. By using the services available on PostGol.com, you agree on the following terms and conditions.
1.4 These Terms of Agreement with Users are valid and binding for users, following their acceptance - in person and/or by proxy, in the name and on behalf of the other players of the same game - at the time of registration on the site.
1.5 For any further questions and/or concerns, please see our FAQ section.
2 How to use PostGol.com
The use of the Site and our services implies that you are forbidden, among other things:
(A) to violate any mandatory rule of law, rights of others and/or our rules;
(B) to use the Site or our services, if you have not the ability to act and to enter into legally binding contracts, if you are under 18 or have been suspended from the Site;
(C) to use the video content on the Site for illegal actions. Only you, and not the Company, will be held responsible for your own actions and the consequences of such actions on the rights of third parties;
(D) to use prohibited, blasphemous, provocative, threatening or otherwise intimidating or scurrilous languages against other players and/or third parties, during the games that will be the subject of the video content accessible on the Site, as well as to instigate other players to adopt those behaviors and/or languages. Only you, and not the Company, will be held responsible for the consequences that the use of these languages ??may have against third parties as a violation of morality, religious feeling and/or their reputation and honor;
(E) to distribute any part or parts of the Site or the services offered therein, including, but not limited to, Video Services (as defined below), by any means without the prior written consent of the Company;
(F) to alter or modify any part of the Site or any services (including but not limited to the Video Services, as defined below, and its related technologies);
(G) to circumvent (or try to circumvent), disable or otherwise interfere with any security-related element of the Site;
(H) to use the Site and the services offered therein (including the Video Services, as defined below) for any of the following commercial purposes, without the prior written consent of the Company;
(I) the sale of access to video services;
(J) the sale of advertising, sponsorships or promotions placed on or inside the Site and/or video content published therein;
(K) the sale of advertising, sponsorships or promotions on any page of blogs enabled to advertisements or websites containing video content disseminated through the Site;
(L) to use the Site or the Videos Services (as defined below) to solicit commercial business or in connection with any commercial activity;
(M) to access to video content on the Site for any reason other than personal, non-commercial use solely as intended through, and permitted by, the normal functionality of the Site;
(n) to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit the video content on the Site for any other purpose (other than personal use) without the prior consent of the Company and/or of the respective licensors of content;
(Or) to get around, manipulate and/or not effect payment of the fees due to the Company;
(P) to publish (including, by way of example but not limited to, personal information) false, inaccurate, misleading data and/or data which might otherwise violate the rights of others;
(Q) to take action to manipulate and/or violate feedback systems, using them for purposes that have nothing to do with PostGol.com;
(R) to use or post spam and/or chain messages;
(S) to spread viruses and, in any case, any other technology aimed at damaging PostGol, the Company or the interests or rights (of any type) of other users;
(T) to copy or modify PostGol contents (including video content, data and information).
3 Abuse of PostGol.com
3.1 The Company commits to keep PostGol.com and its services in operation optimally and however such as to ensure the safety of its users. In this regard, we encourage you to notify us immediately of any problems, offensive content and/or violation of the rules of the Site and/or your rights by writing to the e-mail address email@example.com
, in order to enable us to carry out inquiries and/or investigations and, where appropriate, to undertake and/or take all necessary actions and measures. The Company has no obligation to monitor the video content related to users; but we reserve the right to remove inappropriate material and to take action against the persons responsible.
3.2 If the Company considers that a user has performed actions that can lead to problems, legal liabilities and/or that such actions are contrary to its rules and/or the applicable laws, it can, by way of example and without limitation, limit, suspend and/or discontinue the services and user accounts, prohibit access to the Site, delay and/or delete the contents saved and take any more useful technical and/or legal measures to prevent that user from accessing the site. The Company also reserves the right to cancel unconfirmed accounts or those left inactive for a long time.
3.3 The Company shall also be entitled - by written notice pursuant to Article 1456 of the Civil Code - to terminate the relationship with its users, governed by these Conditions of Contract with Users, by removing the user's account and video content linked to him/her published on the Site, if the Company receives complaints on his/her content by other users of the Site. In the event of early termination of the relationship with the users for the reasons stated above, the user will not be entitled to any compensation and/or reimbursement from the Company and, as of now, expressly waives to institute any action, of any kind, in this regard.
4 Services and fees
4.1 The registration on PostGol and the viewing of video content on the site are absolutely free activities. Instead, other services - such as the activation of the cameras owned by the Company that are present on the playgrounds for the registration of the amateur football matches in which the user might take part and for subsequent publication on the Site (hereinafter, the Services extra charge) - may be subject to the payment of a fee.
5.1 Each holder of a PostGol account can ensure, through the so-called "registration", that the video content subject of the same videos are published on the site. You understand that, once such video contents are published on the Site, the Company does not guarantee any confidentiality with respect to them.
5.2 You retain all ownership rights on the video contents of the Video Services, but must grant limited license rights to the Company and to the other users of the Site. These are described in the following Article 6 of these Conditions of Contract with Users (Rights Licensed by the User).
5.3 You acknowledge and agree that you are the solely responsible for the audio-video content of the Video Services and the consequences of their online uploading and posting on the Site. The Company does not endorse contents, languages or any opinion, recommendation or advice contained in them, and expressly disclaims any and every responsibility with regard to the audio-video contents of the Video Services published on the Site.
5.4 You acknowledge and warrant that you have (and continue to have during and after the use of the Video Services) all the necessary licenses, rights, consents - also on behalf of the other players in the same game - and permits required to allow the Company to use its own audio-video content for the purposes of providing its Video Services, and otherwise use the audio-video content in the manner contemplated by the Site and/or the Terms and Conditions.
5.5 Your conduct on the Site will comply with the provisions of the Terms and Conditions, as these may be periodically updated, and with any provision of law applicable from time to time.
5.6 The moment the Company should become aware of any potential breach of the Terms and Conditions, it reserves the right (but not the obligation) to decide whether the audio-video content of the Video Services comply with the requirements in Terms and Conditions, being able to remove such content to this end and/or terminate a user's access to the loading of those that are in violation of the Terms and Conditions at any time, without notice and at its sole discretion.
5.7 You further acknowledge and agree that, while using the services on the Site (including the Video Services), you may be exposed to Contents that are factually inaccurate, offensive, indecent or otherwise objectionable to you. You agree to waive, and hereby agree to waive, any legal or equitable right or remedy that you have or may have against the Company with respect to any of such contents.
6 Rights licensed to the User
When the user purchases the Video Services, he grants at the same time:
(A) to the Company: a valid throughout the worldwide, non-exclusive, free, transferable license (with right to sublicense) to use, reproduce, distribute, prepare derivative works, display and perform the audio-video contents in connection with the provision of the Video Services and otherwise in connection with the supply of the same and of the commercial activity of the Company and the Site, including, without limitation, the promotion and redistribution of all or part of the Video Services (and related derived works ), in any format and through any channel of communication;
(B) to each user of the Site: a worldwide, non-exclusive, free license to access to the audio-video content derived from the Video Services through the Site.
7 Contents of the company on the site
With the exception of audio-video content derived from the Video Services, all other content on the Site are, alternately, owned by the Company or licensed to it, and are subject to copyright, trademark rights and other intellectual property rights of the Company or its licensors . Any trademark or service mark of third parties present on the audio-video contents is a trademark or service mark of their respective owners. Such contents may not be copied, reproduced, distributed, transmitted, sold, licensed, or otherwise exploited for any other purpose without the prior consent of the Company or, if applicable, its licensors. The Company and its licensors reserve all rights not expressly granted on, and in respect to, their content.
8 Hyperlinks from the Site
8.1 The Site may include hyperlinks to other sites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, policies relating to privacy and/or conditions of any third-party website.
8.2 You acknowledge and agree that the Company is not responsible for the availability of any external sites or resources, and does not endorse any advertising, products or other materials available on, or available from, such websites or resources.
8.3 You acknowledge and agree that the Company is not responsible for any loss or damage that you might suffer as a consequence of the accessibility of such external sites or resources, or in connection with reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or made available by, such websites or resources.
8.4 The Company invites users to read the terms and conditions and the policies related to respect for privacy of any other website they visit.
9 Exoneration from responsibility and indemnity
9.1 You shall relieve the Company from any responsibility associated and/or connected to video content, images, expressions and/or languages, or arising from, or directly and/or indirectly connected to, third parties portrayed in the video content that will be published and/or reported on PostGol.
9.2 PostGol.com is simply a place where anyone can see - at any time, from anywhere on the Internet, in any place and in different ways - videos and/or portions of them related to amateur football matches. The Company may not be held in any way responsible neither for compliance - of language and/or terms used in the videos - with morality, the common religious sentiment and/or the reputation and honor of the subjects in them nor for the respect - from the user who requested the Video Services - of third-party rights, with reference to pictures taken and published on the Site. The company, in fact, can not verify, and you acknowledge and agree that the Company may not verify, the respect for any third-party rights by the user who requested the Video Services.
9.3 The person who requested the Services Video assumes any responsibility towards other users and/or third parties with respect to the content and the dissemination of images and videos posted on the site, undertaking to indemnify and wholly hold harmless the Company and its employees, officers, agents, assigns and any other entities attributable to the Company itself from any claims in this regard boasted by other users and/or third parties.
9.4 The Company does not guarantee continuous and uninterrupted access to the Site and its services, which will be conditioned and depend on factors beyond its control, such as, for example, force majeure events. The Company excludes, therefore, any warranty, term and/or condition implied and will not be responsible in any way of economic loss and/or damage to reputation, to the person, or even of the direct and/or indirect damages resulting from the use by the user of its Website and Video Services.
9.5 It is understood that, in any case, any compensation for the Company's responsibility to the user and/or third parties may not exceed, in aggregate, the maximum amount of Euro 100,00 (one hundred Euro /00).
10 Access to the site and interferences
10.1 The information and video content accessible on PostGol.com are updated in real time and/or regularly; they are our property or we have been licensed for use by users and/or third parties. By accepting these Terms of Agreement with users, you agree not to use software programs and/or other automated mechanisms or manual acts to copy and/or access the website pages and/or their content without our permission expressed in writing.
10.2 You also undertake, among other things, not to:
(A) take any action that (at the discretion of the Company) may cause an unreasonable overloading of the technological infrastructures and system used by PostGol.com;
(B) copy, reproduce, alter or modify the contents of PostGol.com (with the exception of personal information) without our express permission in writing or, if requested, without the express consent of the third-party intellectual property rights holders on such content;
(C) use any mechanism, software or procedure that interferes, directly and/or indirectly, with the proper functioning of, and full accessibility to, PostGol.com.
11.3 Advertising and/or commercial information banners on third parties (companies or individuals) and/or other services offered by the Company or by other entities related to it may appear, at the discretion of the Company, within the pages that contain video content related to users.
12 Autonomy of the parties and communications
12.1 The Company and its users act independently and objectively. These Conditions of Contract with Users do not imply - in any way and under any circumstances – the establishment of any cooperation relationship, agency, association, intermediation and/or employment, semi-temporary and/or temporary employment between the Company and the users of PostGol.com.
(A) if to the Company:
Golden Boy Technology & Innovation S.r.l.
Piazza Filippo Meda, 5 20121 - Milano (Italia)
Tel: +39 02780492
Fax: +39 02781370
(B) if to the user: to the address provided upon registration on the Site.
13.1 Golden Boy Technology & Innovation Srl is a limited liability company incorporated under the Italian laws, with registered office in Piazza Filippo Meda 5, VAT number, tax code and registration in the Companies Register of Milan 08012960962.
13.2 Except as provided in the first paragraph of Article 1419 of the Civil Code, any invalidity or disability of a single clause or provision of these Conditions of Contract with Users will not result in the nullity or invalidity of the other terms and provisions or of the entire agreement with users.
13.3 No failure or delay by the Company to exercise any right to which it was entitled under these Conditions of Contract with Users will operate as a waiver of any right under the same Conditions of Contract with Users, nor any exercise of a single right will prevent further exercise or be deemed impediment to the exercise of any other right.
13.4 The Company may assign PostGol.com, and its relations with users, by giving notice to each member to the address referred to in Article 12.2 (b).
13.5 Unless otherwise indicated, the term "Article" must refer to an article of these Conditions of Contract with Users. The titles of articles, paragraphs and hyperlinks contained in these Conditions of Contract with Users are inserted solely to facilitate the reading and can not be used for purposes of interpretation of the contractual provisions contained herein.
13.6 The Company may at any time change the contents of the Conditions of Contract with Users by posting the amended terms on the Site. Unless otherwise specified, all new terms and conditions of the Conditions of Contract with Users will automatically be effective fifteen (15) days after the date of publication on the Site. These Conditions of Contract with Users represent the entire agreement between you and the Company, in relation to the services provided and/or used on PostGol.com. Shouldn't you agree with changes made to the Conditions of Contract with Users, you can end the same agreement by requesting the closure of your account.
13.7 In the event of termination, for any reason, of the agreement with a user, pursuant to these Conditions of Contract with Users, the following Articles will remain valid even after any termination:
(A) Article 3 "Abuse of PostGol.com", in relation to any possible abuse committed until the date of termination of the Contract Conditions with Users;
(B) Article 4 "Services and fees", in relation to fees owed for our services;
(C) Article 5 "Content";
(D) Article 6 " Rights licensed by the user";
(E) Article 7 "Content on the Site of the Company";
(F) Article 9 "Exclusion of liability and indemnity"; and
(G) Article 14 "Applicable law and jurisdiction".
14 Applicable Law and Jurisdiction
14.1 These Terms of Contract with Users are regulated by the law of the Italian Republic.
14.2 In the event of disputes between the user and the Company, the Company will pursue the objective to provide preliminarily neutral and cost-effective tools to each user, in order to resolve such disputes promptly. In this regard, we urge each user to contact us directly to seek a solution by visiting the help FAQ page. The Company will consider any reasonable requests from the user.
14.3 The Court of Milan will have exclusive jurisdiction over any dispute arising in connection with PostGol and/or the validity, interpretation and/or execution of these Conditions of Contract with Users or otherwise connected or dependent on them and/or the payment of the fees due for the use of PostGol.com services, without prejudice to the powers established in the field of consumer protection by legislative decree 6 September 2005 n. 206, as amended from time to time (the so-called "Consumer Code"), and the Code of Procedure for precautionary, emergency and enforcement measures.
14.4 All disputes arising from these Conditions of Contract with Users - where the total value of the dispute is less than 10,000.00 Euro (ten thousand Euro/00) - could be devolved to the attempt of conciliation as provided for by the online Mediation Service and Reconciling Chamber of Arbitration of Milan.