Conditions Of Use
Version 1.0
Date: July 16th 2021
Contents
- General
- Property and intellectual property rights
- Obligations of the Users
- Warranty
- Liability
- Applicable law and competent court
1. General
1.1 These conditions of use are applicable to the use of this Website, the underlying web pages (“Website”) and the Web Applications developed by TopSportsLab (“TSL”), including “TopSportsLab” (“Web Application(s)”), by legal persons or natural persons (“User(s)”), to the express exclusion of the general conditions of these Users and without prejudice to what is established in article 5.5 of these conditions of use.
1.2 The use of the Website and Web Applications is only permitted on the basis of and under the conditions stipulated in this document. Through the (further) use of the Website and the Web Applications, the User declares to have read these conditions of use and to have accepted them, as well as that he will observe them.
2. Property and intellectual property rights
2.1 TSL retains all (property and other) rights regarding 1) the Website and the content thereof (including text, pictures, design, videos, and photos), 2) the Web Applications and their content, the underlying technical description, documentation, intrinsic methods and algorithms, as well as codes, and 3) the brands, logos, names, and trade and domain names used on/for the Website and the Web Applications (the “Material”).
2.2 The Material belongs to TSL and is protected by the (intellectual) property rights of TSL, which the Users recognise and confirm they will respect.
2.3 To the Users who have a login, password, and account for the Web Applications, TSL only grants a non- exclusive and non-transferable right of use in this context.
2.4 It is prohibited to the Users to store, reproduce, alter, disclose, distribute, send, or otherwise transfer the Material, or to grants any rights thereto to third parties without the prior approval of TSL.
3. Obligations of the Users
3.1 The Users are obliged:
- To use the Website and the Web Applications as a responsible user. To use the Website exclusively for access to the Web Applications. To exclusively use the Web Applications for purposes of the assistance and follow-up of athletes, practice assistance, and injury prevention;
- Not to use the Website and the Web Applications for:
- The sending of spam, such as the sending in great numbers of unwanted and/or unrequested e-mail or contact requests.
- The committing of any unlawful action whatsoever, including in any case activities that exploit, damage, or threaten to damage children.
- The display or sharing of indecent content or other materials (such as nudity, bestiality, pornography, offensive language, extreme violence, or criminal activities).
- The distribution, display and/or storage of content, material, or data that violate the public order, the object and the purposes of these conditions of use, as well as the arrangements made herein.
- To immediately remove data, material, or content in violation of these conditions of use, particularly Article 3.1, (b), from the Web Applications (or have them removed).
- To refrain from directly or indirectly through a third party:
- Causing damage to TSL, the Website and/or the Web Applications, for example by obtaining an unlawful advantage from (a bug in) the Website and/or the Web Applications;
- Transgressing the right of use granted in article 2 of these conditions of use;
- Disassembling, decompiling, decoding, hacking, altering, emulating, or reverse-engineering of the Website, the Web Applications or (software) components thereof ;
- Copying, publishing, letting, giving in lease, selling, exporting, importing, distributing, or loaning or in any other manner transferring to a third party of the Website, Web Applications, or (software) components thereto, unless TSL expressly grants prior permission to such effect;
- Disturbing, hacking, altering or otherwise corrupting of the security techniques or authentication measures installed in the Web Applications and/or on the Website, e.g. by way of a network malfunction caused by the Users, an IT virus, the sending of data through those viruses, Trojan horses, worms, timebombs, cancelbots, or other computer programming routines or engines with the objective of disrupting or otherwise impairing the Website and/or the Web Applications and the functionality and availability thereof;
- To take the necessary, reasonable technical and administrative (security) measures to guarantee full compliance with their obligations under these conditions of use and to protect the content, the material, and the data included on the Website and in the Web Applications.
- If Users become aware of the existence of breaches of these conditions of use, or they have legitimate grounds to believe that such breaches would be imminent, to immediately report this to TSL through the following e-mail address: info@topsportslab.com.
- To refrain from transferring their user accounts and/or access to the Website and the Web Applications to any third party whatsoever, as well as from using the login data of other Users in order to obtain access themselves of for unauthorized third parties to the account of these Users.
- To refrain from fraudulent, false, or misleading activities regarding the Website and Web Applications, such as the asking for money under false pretences, to impersonate someone else, to manipulate the Website and/or the Web Applications to falsify statistics or the ranking, to influence assessments or comments.
3.2 TSL reserves itself the right to unilaterally and at any time modify these conditions of use if the Website, the Web Applications and/or their functionalities were to change.
In such case, TSL will inform the Users of the intended modification no later than 30 (thirty) days before the modification enters into effect, either through the user interface, or by e-mail.
3.3 Users acknowledge and agree that:
- TSL reserves itself the right to reject content on the Website and Web Applications, if the maximum storage space of the Users (25 GB for their main account and the accounts of the Users falling thereunder), the maximum size per file (100 MB) is exceeded or in the event of an unpermitted file format.
- TSL reserves itself the right to temporarily suspend (access to) an individual user account if TSL establishes that the content of the user account comprises a breach of these conditions of use and/or the respective User has not complied with his obligations as stipulated in this document.
In such case, TSL also reserves itself the right to remove the relevant content at any time.
The fact that TSL does not deny access to the Users after establishing breaches or does not declare the Users in default for that reason in no manner comprises the waiver of rights on the part of TSL.
In addition, the failure to respond on the part of TSL does not imply that in case of a later or similar violation they will refrain from acting as well. - Updates and maintenance activities on the Website and/or the Web Applications will always be subject to these conditions of use.
4. Warranty
4.2 TSL guarantees that the Web Applications are compliant with the essential functionalities thereof as known and accepted by the Users and this only towards paying Users who have at their disposal a main account and not towards non-paying Users who fall under the main account of other paying Users (the “Warranty”).
5. Liability
5.1 The Users guarantee correct compliance with all obligations and undertakings stipulated in these conditions of use.
5.2 Under no circumstance is TSL liable for the damage that results directly or indirectly from the use of the Website and the Web Applications, such as, for example, the damage that flows from the contracting of an injury and/or unsatisfactory performances, though without being limited to such. In addition, TSL is not liable for the damage that flows indirectly from the unavailability or insufficient performance of the Web Applications towards the Users.
5.3 TSL is not liable for the content, material, or material of third parties, also including links to websites of third parties and activities that are offered by third parties on the Website or on the Web Applications, such as training programs. Such content and activities cannot be attributed to TSL and do not represent the point of views of TSL.
5.4 In addition, TSL is not liable for (the correctness of) the content of the Web Applications, but solely for the correct processing thereof in the context of the reporting inherent to the Web Applications.
5.5 The concrete arrangements between TSL and the paying Users with main account regarding (i) the Warranty and the liability of TSL in this connection, (ii) the liability arrangement in the context of (the use of) the Website and the Web Applications, (iii) the impact thereof on the Users (without main account), as well as the co-responsibility of the Users with main account for breaches of these conditions of use by the Users without main account, are established in a separate (written) agreement.
In case of questions and/or ambiguities in this connection, TSL recommends the Users without main account to consult the concerning relevant User with main account.
6. Applicable Law and competent court
6.1 These conditions of use are governed by and interpreted in accordance with Belgian legislation.
6.2 Any dispute regarding the validity, interpretation, and implementation of these conditions of use will be filed at and evaluated by the courts of Hasselt (Belgium).