1.1. These General Terms and Conditions apply to all applications and services provided by Smart 8 Holding B.V. and its affiliates (hereinafter: “365prosports”, the “365prosports Applications” and the “365prosports Services”) to a User. These General Terms and Conditions can be amended from time to time.
1.2. By downloading, activating or utilizing the 365prosports Applications or any other platform associated or affiliated with 365prosports, the User agrees with the application of the General Terms and Conditions. These General Terms and Conditions will be made available to the User when registering for the first time for a 365prosport Application. The User will then have the possibility to save the same for future reference. The same procedure will apply for amendments. The General Terms and Conditions can also be consulted via de home page of 365prosports.com or local URLs.
1.3. A User is each person or entity accessing or using the Services, from any type of device (computer, smartphone, tablet and other sorts of devices).
- 365PROSPORTS SERVICES
2.1. The use of the 365prosports Applications and Services is free of charge unless agreed upon otherwise with the User. Although 365prosports will endeavor the continued use of the 365prosports Applications and Services it has the right to modify, suspend or discontinue the same or parts thereof without informing the User on forehand.
2.2. The 365prosports Applications and Services include or may include the rendering of information about sports events, athletes and any other sports related information. Although 365prosports will endeavor the correctness of the information rendered 365prosports the correctness is not guaranteed. 365prosports does not accept any liability in this respect.
With the downloading of the 365prosports Applications and use of the Services the User will accept to have a license in respect to the use of the same for personal and non-commercial use only. The User is not allowed to include any commercial information through the 365prosports Applications and Services.
The User can simply end the use of the 365prosports Applications and use of the Services by deleting the same as indicated on the User’s operating device, settings or browser. After removal the terms of these General Terms and Conditions will remain to be applicable.
- REGISTRATION AND PRIVACY
When registering for use of the 365prosports Applications and Services the User must provide for certain information regarding himself. 365prosports has a strict policy in respect to the User’s personal data and endeavors to comply with the European privacy rules. The personal data will only be shared with third parties after the User’s explicit approval.
- IP RIGHTS
All content of the 365prosports Applications and Services – including but not limited to logos, tradenames, graphics and information – is protected by intellectual property rights. The intellectual property rights are the sole property of 365prosports or its affiliates or related parties. The User does not have the right to use any content or parts thereof out of the ordinary expectable use without the explicit consent of 365prosports amongst which to modify, edit, copy, reproduce, create derivative works, alter or enhance such content.
7.1 Besides the application of point 2.2. 365prosports does not accept any liability in respect to any use of the 365prosports Application and Services even if 365prosports has been advised of the possibility of damages and regardless of the legal ground on which the liability is based. User’s sole remedy is to discontinue the use of the 365prosports Applications and Services. This exclusion of liability applies to 365prosports as well as its affiliates, its directors, officers, employees and agents. In the event the aforesaid exclusion is in violation with mandatory law the liability will be limited to the extent authorized by the law.
7.2. 365prosports is not liable and responsible for the services provided by others to the Users such as Internet providers.
- WARRANTY DISCLAIMERS
8.1. In accordance with point 2.2. User acknowledges and agrees that the 365prosports Services and Applications including all content whether provided by third parties or not, are provided “as is”, “as available”, and “with all faults”, are used only at your sole risk, to the fullest extent permissible by law. 365prosports disclaims all express or implied warranties of any kind, regarding the Services and Applications (including their content, products, information, software, and links), and including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. In the event applicable law does not allow the exclusion of some or all of the warranties the above exclusions will apply to User to the fullest extent authorized by applicable law.
8.2. The content does not constitute any advice, recommendation nor an authorized opinion, and does not replace the necessity of consulting with a professional to the extent necessary.
8.3. The disclaimer in this point 8 applies also to any advertising displayed in the Applications. Such advertisements do not constitute any encouragement or recommendation by 365prosports for the purchase of the advertised services or products.
- TORTIOUS CONTENT
If the User believes that there is content linked through the Services that violates his rights the User should inform 365prosports of the same with submission of the following information to e-mail address: email@example.com
- a description of the rights that have been intruded;
- a description of the place where the rights are intruded;
- the User’s address, telephone number, and e-mail address;
- a statement under penalty of perjury that User acts in good faith, have a good faith belief that the disputed use is tortious and that the information submitted is accurate;
- an electronic or physical signature of the owner of the person authorized to act on behalf of the owner of the interest.
Upon inspecting the submitted matter 365propsports may remove the alleged tortious material. 365prosports is not liable vis a vis the entity that posted the material in the event it does not concern tortious material.
365prosports renders information on sports events and offers the User the possibility to predict results in competition with family and friends. The winner of a competition does not have a any right to any winnings. Such competitions are ordinarily not in violation with the local gaming and gambling laws. 365prosports does not intend to give Users access that are domiciled in states in which such a competition is unexpectedly not permitted. The User is responsible to check the same and to adhere to the local laws.
- FURTHER CHANGES
365prosports reserves the right to remove User’s content from its databases at any time and from time to time without notice or any ground. 365Prosports also has the right to disable any registration of User and any access to the 365prosports Services and Applications at any time and without notice and 365prosports may recover from User any losses, damages, costs or expenses incurred by 365prosports resulting from or arising out of User’s non-compliance with any provision of these General Terms and Conditions. 365prosports shall not be liable to User or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Applications.
- 12. ASSIGNMENT
365prosports may assign and/or transfer at any time the rights and/or its obligations under these Terms and Conditions, or all part thereof, to third parties.
- APPLICABLE LAW AND VENUE
The Services, these Terms and Conditions and any dispute arising in connection therewith, shall be exclusively governed by and construed in accordance with the laws of The Netherlands, and the User agrees that all such disputes shall be brought exclusively in the appropriate courts of Amsterdam, The Netherlands. In the event this choice of law and venue clause is in violation with mandatory law this clause will be limited to the extent authorized by mandatory law.