1. Acceptance of the Terms of Use
1.1. We are www.sportalentsvc.com - Our goal is to help young sport talents gain worldwide exposure and to help make your sports dreams come true.
1.2. These are the entire terms and conditions that apply to the use of www.sportalentsvc.com (the "Website") and any services provided hereto. These Terms of Use apply equally to registered users, account holders, contributors of video content, and any other casual and random internet users that check out our Website randomly or from time to time (Collectively referred to as "Users"). Use of this website and/or the services provided hereto are all subject to these terms and conditions (hence forth, the "Agreement"). If you have objections to the terms and conditions stipulated hereto, do not use the Website. Please feel free to contact our customer support team at support@sportalentsvc.com for any clarifications before you continue to use this website.
1.3. www.sportalentsvc.com is owned and operated by Rogal Design & Projects Ltd, a company incorporated in the State of Israel with its principal address located at 6 Yefe Nof Street, Nes Ziona, Israel (hence forth, "You", "Us" or "We"). This is an Agreement between you and Us and describes to you in full detail the Terms of Use which you must accept, without restrictions or objections before using the Website. Before you use this Website you must fully understand and agree to all the terms and conditions expressly explained and/or implied hereto by reference.
1.4. You represent that you are at least 18 years of age and/or you posses all required parental or guardianship approval and consent so that you may legally enter into this Agreement with us. If you are under 18, and are not supervised and/or under parental guidance and/or legal guardianship, do not use this Website. In any event and under all circumstances, if you are younger than the age of 13 – DO NOT USE THIS WEBSITE.
2. Use of our Website and Services
2.1. We hereby grant you permission to browse and use our Website and Services and to enjoy all the great sport content that we display on our Website, all in accordance with these Terms of Use. We grant you permission to view Content (as defined below) and to enjoy the worldwide sporting talent displayed for your own personal use and in a normal and regular manner.
2.2. If you are a scout, coach, trainer, entrepreneur, business person, team representative, sports agent or otherwise interested in contacting any of our Talents (as defined below), please do so but pressing the below link and sending us an email at talentspotting@sportalentsvc.com. Please indicate in your email the name of Talent that you are interested in and the reason that you would like to contact the Talent. Please also provide a brief explanation of your business and sports affiliation. We will then contact you to verify your request and notify the Talent.
3. Registration & Account
3.1. Newsletter. From time to time, we can send you a newsletter containing of new video links, video files and marketing and promotional material. You may register to receive our newsletter by clicking on the following link: "Keep updated with most recent talents" and typing in your email. You may unsubscribe from our mailing list by clicking on the unsubscribe link located on the bottom of each newsletter that you recieve.
3.2. Non Registered Users. You may view and rank any videos on our website without registering on our website and/or providing us with a valid email.
3.3. My Videos. If you would like to use the My Video feature, you must register for the service by providing a username (your email) and a password.
3.4. Registered Users.
3.4.1. Uploading Video: If you would like to upload content relating to your sports activities onto our Website and/or participate in any of the online features that we provide (such as My Videos) (the "Services") you must register as a sports talent (a "Talent"). By registering as a Talent you further acknowledge that you accept these Terms of Use and agree to each and every provision hereto.
3.4.2. During registration you will be asked to provide us with personal information, pictures and video about yourself; such information may include, but not is limited to, your Full Name, Address, Telephone numbers, Email, Country, Sports Affiliation, Team, Personal Statistics, Rankings, Success, Nick Names etc (the "Personal Information"). If you do not provide the required information you will not become a Talent. You must make sure you provide us with accurate and complete information. By providing us with the above Personal Information, you further grant us the right to use the Personal Information in accordance with our privacy policy and as set forth in section 3.4 below and to contact you with promotional and marketing materials from time to time as we see fit. If you do not wish to receive such promotional and marketing materials you must contact us in writing and specifically request not to receive any material.
3.4.3. Once you have registered as a Talent, you will be assigned an account to which you will be able to log on and log off by means of a username (your email) and password that you choose (the "Account"). When logged onto your Account you will be able to update your Personal Information. It is prohibited to use an Account which you are not the associated Talent. If you believe that the integrity of your Account has been breached, please notify us immediately. We will not be liable for any losses that you may incur due to wrongful use of your Account.
3.5. We do not disclose or share any Personal Information about our Talents with any third parties or non-affiliated third parties other than in the manner and entities set forth below:
3.5.1. with affiliated service providers (Such service providers may include attorneys, accountants, auditors, financial and other professionals);
3.5.2. To respond to a subpoena or court order, judicial process or to regulatory authorities,
3.5.3. To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, and
3.5.4. In the event that we are contacted by a User that has seen your Content and has expressed any interest in contacting you at our sole discretion.
4. Uploading Content to our Website
4.1. Each Talent may upload one video file that depicts a sports related event in which the Talent is a participant. You may not upload any unrelated video files to our Website. Each video must be no longer than 6 minutes in running time and not larger than 60MB in any digital format (video clips referred to as "Content"). Only the Talent and/or a parent or legal guardian responsible for the Talent and/or a legally appointed agent responsible for the Talent may upload a video clip containing video images of the Talent. You mat not upload images of Talents with whom you are not legally affiliated.
4.2. Subject to the above, you may not upload under any circumstance any images of Talents that have not reached the age of 13. Any images of any Talents that are older than 13 and younger than 18 requires specific consent from the Talent's parent and/or legal guardian responsible for the Talent and/or a legally appointed agent responsible for each Talent.
4.3. You may not upload any Content that contains any illegal, abusive, obscene, defamatory, harassing and/or insulting statements or images. You may not upload any advertising or promotional materials. You may not upload any Content that contains any sexually explicit content and/or any grossly offensive, including expressions of bigotry, racism, hatred or profanity. If you violate the above we shall have the right to terminate your Account.
4.4. You shall be solely responsible for posting any Content and for the consequences of publishing them.
4.5. By opening an Account and/or uploading Content onto our Website you are granting us you're non-restricted and unlimited consent to share your Personal Information with any scout, coach, trainer, entrepreneur, business person, team representative, sports agent or anyone otherwise interested in contacting any of our Talents at our sole discretion.
4.6. It will also be possible to change and update the Content that you have uploaded onto your Account.
4.7. The Privacy Policy posted on our Website shall be binding and incorporated in full into these Terms of Use.
5. User and Talent Restrictions
5.1. Content integrity. You may not download, copy, reproduce, distribute, transmit, broadcast, sell, license or otherwise use any other technological feature for the purpose of using the Content not in accordance with these Terms of Use or without written consent from us. In other words, if we didn’t specifically say you can do something, then you can't! Furthermore, you may not alter our website in any way including using any framing techniques without our written permission.
5.2. Personal and Private Use. You may not use any Content, information and/or data posted on our website, for any purpose, whether in part or in whole, without receiving prior written consent from us.. Our Services and Website are intended for your personal and private use only. You may not use our website for any commercial purpose and/or to promote any non-related purpose, all in accordance with these Terms of Use.
5.3. Circumvention & Reverse Engineering. You shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that we have applied to our Website. If, at our sole discretion, you are in breach of this clause, we may terminate your Account immediately and/or have your account blocked, and we may inform any third parties of your breach of this clause. We have, and will continue to develop any tools necessary to identify fraudulent or unlawful use of our Website.
5.4. Artificial Intelligence Software. It is absolutely prohibited to use any software which purpose is to apply any kind of artificial intelligence analysis to our Website relating to the use of our Services. In the event that we determine, at our own discretion, that artificial intelligence software has been used we reserve our right to take action as we see fit, including completely blocking access to the Website and terminating the Account.
6. Copyright Notice
6.1. Representation of Ownership. You hereby represent to us that you have all necessary ownership rights, publicity rights, licenses, other rights, consents and permissions to use and to authorize us to use all Intellectual Property associated with the Content including but not limited to all Copyrights, trademarks and all other proprietary rights.
6.2. Perpetual License. You hereby grant us a non-revocable, perpetual, non-exclusive, royalty-free, transferable, worldwide, displayable, tradable and assignable license to use, reproduce, distribute, prepare derivative works of, display, use for commercial purposes and perform the Content and to promote in any media format. You further grant each User a license to access and view the Content, all in accordance with these Terms of Use. The above licenses are non-revocable under any circumstances. We will not delete the Content if you remove it from your Account and we will continue to comply with the terms of this license. You shall not have any claim or demand to receive any royalties or benefit from us that are attributable to any Personal Information that you upload onto our site.
6.3. Notice of Copyright Infringement. In the event that you feel that any Content is infringing upon your rights or harmful to you in any way, please notify us in writing to our mailing address listed above and also send us an email to copyright@sportalentsvc.com. All notices should contain enough information for us to be able to contact you with any inquiries and also enough information for us to able to identify the alleged infringing Content on our system. Notice shall be deemed received when we receive the written notification to our mailing address. We will remove any copyright infringing material if we are properly notified about the infringement. If you believe that we have wrongfully removed Content from our system due to alleged infringement please notify us in writing in accordance to the above instructions. We will act in full compliance to all applicable laws hereto.
7. Indemnification, Liability and Indemnification
7.1. WARRANTY. YOU AGREE THAT YOUR USE OF THE OUR WEBSITE SHALL BE AT YOUR SOLE RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OUR WEBSITE.
7.2. LIABILITY. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7.3. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF OUR WEBSITE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY.
8. Links To Other Websites
At times, we may provide links from our Website to other websites that we have no control over, for your convenience. By doing so, we are not endorsing, approving or sponsoring any website to which we are linking and as such will not be liable for any content or policies followed thereto. As we do not have any control over the content and practices of these websites we urge you to read and fully understand the terms and conditions and other policies of these websites before using them.
9. Intellectual Property Protection
All our intellectual property assets ("IP") including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Under no circumstances shall you remove any copyright notification from any of our IP. The use of our Website and Service does not grant you any rights other than those granted to you under these Terms of Use. We own, have a license to use and/or the legal right to use all the images displayed on our Website. You may not use these images in any way other than the manner which we provide them. Should you wish to use any of our images for any other purpose you must obtain prior written consent from us in advance. Nothing contained on the Website shall be construed as granting, by implication or otherwise, any license or right to use any trademark without our written permission or such third party that may own the trademarks.
10. Governing Law & Jurisdiction
This Agreement shall be governed by the laws of the State of Israel notwithstanding any principles of conflicts of law. By using our Services you agree to recognize all electronic and magnetic data and documentation as admissible evidence when settling a dispute. This Agreement shall be construed under the exclusive jurisdiction of the courts located in Israel. By use of this Website, you further agree that any cause of action that may arise from the use of our Website must commence within one year from its occurrence, otherwise, it is permanently estopped.
11. Termination of this Agreement
We reserve the right to terminate this Agreement, terminate your Account and remove any Content at our sole discretion.
12. Modifications To This Agreement
We reserve the right to amend, revise, modify, and/or change this Agreement at any time.