TERMS AND CONDITIONS

These Terms and Conditions apply to the use of FC Urban (as defined below). We advise you to read these Terms and Conditions carefully so that you are aware of your rights and obligations when you use FC Urban. If you have questions and/or comments about these Terms and Conditions, you can contact us via info@fcurban.nl

 

• Definitions
  • We have defined several terms in these Terms and Conditions. These are always written with a capital letter and can be used both singular and plural. The following definitions apply to these terms:

Account:

the user account you created, which gives you access to FC Urban;

 

Terms and Conditions:

these conditions that apply when using FC Urban;

 

Content:

all data, information, and images made available by us or our licensor via FC Urban / the Website in the broadest sense of the word;

 

FC Urban:

the private company, FC Urban B.V., established and having its registered office in (1017AX) Amsterdam, at Singel 496-1, registered in the Trade Register of the Chamber of Commerce under number 68439695;

 

IP rights:

all intellectual property rights and related rights, such as copyrights, trademark rights, database rights, trade name rights and neighboring rights, as well as related rights such as rights to know-how and so-called single-line performances;

 

Agreement:

the Agreement between us and you for the use of FC Urban;

 

Platform:

the FC Urban Platform, accessible via the Website, with which Urban Players can register via their Account for a football tournament on a Spot;

 

Privacy Statement:

the Privacy Statement of FC Urban, accessible via www.fcurban.nl;

 

Urban Player / you:

the natural person who uses FC Urban;

 

Website:

the FC Urban Website, accessible via http://www.fcurban.nl/ and all underlying pages;

 

• Applicability
  • These Terms and Conditions apply to all your use of the Platform and all legal relationships between you and FC Urban.
  • FC Urban can change or supplement these Terms and Conditions. You can always find the most current General Terms and Conditions on the Website. Any changes or additions to the General Terms and Conditions will be brought to your attention during your use of the Platform. If you continue to use the Platform, you irrevocably agree to the amended or supplemented General Terms and Conditions. If you do not agree with the amended or supplemented General Terms and Conditions, then your only option is to terminate the Agreement per Article 9.

• The Platform and availability
  • If you have fully complied with all obligations under these General Terms and Conditions, FC Urban grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Platform for the duration of the Agreement.
  • FC Urban makes every effort to deliver the Platform as well as possible. You agree that the Platform contains only the functionalities that are available at the time of use (“as is”). You use the Platform at your own risk and responsibility at all times.
  • FC Urban is, without being liable to you in any way, at any time entitled to:

1. make procedural and technical adjustments and/or improvements to the Platform; and
2. (temporarily) decommissioning or restricting the Platform or Account if, in its opinion, this is necessary, for example for preventive, corrective or adaptive maintenance and/or if you act contrary to the General Terms and Conditions. FC Urban informs you to the extent and as soon as reasonably possible of the temporary decommissioning of the temporarily limited use of the Platform / Account.

• Account
  • To be able to use the Platform, you must create a personal Account. During the registration process, you will be requested to provide certain information to create an Account. To make your use of the Platform possible, you vouch for FC Urban and you are responsible for ensuring that i) the information you provide when creating your Account is correct, complete and up-to-date and ii) that you update information in your Account if changes occur.
  • You are responsible and liable for all use that is made of your Account. You must keep the login details of your Account secret. FC Urban may assume that you are the one who logs in with your login details. As soon as you know or suspect that your login details are no longer secret or that the Account has been misused, you must immediately inform FC Urban of this via info@fcurban.nl
  • You may not register or use more than one Account at a time. FC Urban can close one or more Accounts if FC Urban reasonably suspects that you have several Accounts.

• Use of Platform and participation in a football match
  • Football matches are played as much as possible on the day (s), time (s) and location (s) specified on the Website. However, FC Urban reserves the right to make changes in this regard at any time, if in its opinion this is necessary.
  • The cancellation, the strike, the non-completion of a football match does not entitle you to a refund of (any part of) the prize or other compensation. This also applies if there is a question of moving a football match in time or location or a decision by the referee that the match cannot be (partially) canceled.
  • Participation in a football match is at your own risk and responsibility at all times. FC Urban is not liable for any type of injury sustained by an Urban Player or any damage caused by other incidents on or outside the playing field.
  • The registrations for a football match are registered in order of receipt of registrations via the registration form until the maximum number of Urban Players for this Football match has been reached.
  • With too few registrations, every football game can be canceled, without this in any way leading to any right to compensation and/or liability of FC Urban.
  • FC Urban is not liable for theft of or damage to property of any kind. Taking and storing your property is entirely at your own risk.
  • FC Urban is entitled, without being held liable to you in any way, at all times entitled to cancel or block (access to) your Account, if you (repeatedly) do not show up for football matches that you have logged in, if you do not follow instructions or decisions of the referee or for any other reason.

• The referees
  • You must follow all instructions, instructions, and decisions of a referee during a football match. FC Urban is not liable for any damage that you suffer as a result of any decision that the referee may take within the framework of the rules regarding the normal procedures required to hold, play and lead a game.
  • Such a decision can be a decision:

1. that the condition of the playing field or the terrain or the weather conditions are such that they allow or not allow a game to be played;
2. to stop a football match for any reason;
3. on the suitability of the equipment of the playing field and the ball during a football match;
4. to interrupt or not to interrupt a game due to nuisance from the audience or due to any problem along the playing field;
5. to interrupt or not interrupt a football game to allow an injured Urban Player to leave the playing field to be cared for;
6. to request that an injured Urban Player be removed from the playing field to allow care;
7. to allow or deny an Urban Player to wear certain clothing or equipment; or
8. any other decision that the referee may take by the rules of the game.

• Privacy
  • During your use of the Platform you provide personal data to FC Urban. This Provision of information is subject to laws and regulations in the field of privacy, including the Personal Data Protection Act. The FC Urban Privacy Statement describes how FC Urban handles your personal information that you have provided to use the Platform and how FC Urban protects your privacy when you use the Platform.

• IP rights
  • The IP rights with regard to the Platform, the Website and the Content rest with FC Urban or its licensor (s). Nothing in these Terms and Conditions is intended to transfer any IP right to you.
  • You are not allowed to:

1. reproduce, make public, resell, use for commercial purposes or otherwise make available to third parties the Content and other information, unless mandatory law permits this;
2. reproduce, decompile or apply reverse engineering (reverse compilation and assembly) to the Platform, unless mandatory law permits;
3. make use of tools other than those provided by FC Urban to search the Platform, use data mining, robots or other means to collect data or any software and / or hardware tools and / or solutions (in own management or made available by third parties), insofar as they are aimed at taking over Content, or to spider, scrape, search or use and / or access the Platform in any other way. ;
4. to engage third parties to perform one of the actions stated in this article.

• In principle, you retain the IP rights with regard to the data placed and provided by you. By placing and/or providing data you automatically grant FC Urban a free, worldwide, perpetual, irrevocable, sub-licensable and transferable license to make this Content public and to multiply as far as this is part of offering it. The Platform is required, including to other Urban Players.

• Price and payment
  • For the use of the Platform, you owe FC Urban a fee. This reimbursement consists of a monthly reimbursement on a subscription basis, which is (monthly) payable in advance.
  • Unless otherwise stated, all amounts mentioned by FC Urban are in euros and excluding sales tax (VAT) and other government levies.
  • FC Urban is entitled to increase the prices for the use of the Platform, without you having to cancel the Agreement with FC Urban.
  • Complaints regarding FC Urban and/or the Platform do not suspend your payment obligations. FC Urban is entitled to suspend compliance with its obligations until you have fulfilled all your due and payable obligations.

• Duration and termination
  • You enter into an Agreement for an indefinite period. You can terminate the Agreement, taking into Account a notice period of one (1) month, by indicating to FC Urban by e-mail at info@fcurban.nl that you wish to delete your Account.
  • Upon termination of the Agreement, for whatever reason, FC Urban will delete your Account and you will no longer have access to the Platform. FC Urban is not obliged to provide you with any Content or information or to convert or export such information. The license as referred to in Article 8.3 with regard to your data remains in full force and application after the termination of the Agreement.

• Liability
  • The liability of FC Urban due to a shortcoming, unlawful act or any other act or omission by FC Urban, its employees or third parties engaged by FC Urban, explicitly including every shortcoming in the fulfillment of a guarantee obligation, is limited to the compensation of direct damage. The total liability of FC Urban (ie: regardless of the number of damage-causing events during the term of the Agreement) with regard to direct damage is limited to a compensation of a maximum of the amount that you have paid under the Agreement in the twelve (12 ) calendar months prior to that event (ex. VAT). However, the total liability of FC Urban is in no case higher than EUR 500 (ex. VAT).
  • Direct damage is exclusively understood to mean:

1. reasonable costs that you should incur to bring FC Urban’s performance into line with the Agreement, unless you have terminated the Agreement;
2. reasonable costs you incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage; and
3. reasonable costs incurred to prevent or limit damage, insofar as these relate to direct damage.

• • Any liability of FC Urban other than for direct damage, including but not limited to indirect damage, consequential damage, loss and/or damage to data, loss of profit, loss of turnover, lost savings and damage as a result of claims by third parties, is excluded.
  • You are only entitled to compensation if you report the damage to FC Urban in writing immediately after it arises. Every claim for damages against FC Urban expires by the mere lapse of one (1) year after the claim for damages arose.

• Force majeure
  • There is no question of an attributable shortcoming in the fulfillment of the Agreement by FC Urban if there is force majeure.
  • Force majeure includes illness of employees and / or absence of employees crucial for the delivery of the Platform, interruptions in the supply of electricity, strikes, riots, weather conditions, government measures, fire, natural disasters, flooding, shortcomings of suppliers of FC Urban , shortcomings of third parties engaged by FC Urban, disruptions in connection to the internet (whether or not due to a (attempted) DDoS attack), hardware failures, disruptions in (telecommunications) networks and other unforeseen circumstances.
  • If the force majeure continues for at least thirty (30) days, FC Urban is entitled to terminate the Agreement, without being obliged to compensate for any damage with regard to this termination.

• Guarantees and guarantees
  • FC Urban does not guarantee that:

1. the Platform is accessible at all times and without interruptions, defects or disruptions;
2. all football matches continue;
3. the Platform is effective or that the use of the Platform results in certain results; or
4. the Content provided via the Platform is correct, current and complete.

• • We are not responsible for:

1. errors in data transfer, failure or unavailability of computer, smartphone, tablet, data or telecommunication facilities, including the internet;
2. creating backup copies of Content.

• • You are liable to FC Urban for, and fully indemnify FC Urban against, all damages and costs that FC Urban suffers or incurs as a result of (i) an attributable shortcoming in the fulfillment of the Agreement by you, (ii) any action by you when using the Platform or (iii) an unlawful act.

• Final provisions
  • FC Urban may transfer rights and obligations arising from these General Terms and Conditions and/or the Agreement to third parties and inform you thereof. You are not permitted to transfer the Account and the rights derived from it to third parties without prior written permission from FC Urban.
  • The obligations from these General Terms and Conditions that by their nature are intended to survive termination will continue to apply even after termination of these Terms of Use.
  • If and insofar as any provision of the General Terms and Conditions is declared invalid, invalid or non-binding, this does not affect the validity of the other provisions. FC Urban will, in that case, replace the relevant provision with a new provision that will approximate the nature and scope of the old provision as closely as possible, without itself being void, invalid or non-binding.
  • Dutch law applies to these General Terms and Conditions and the use of the Platform.
  • Disputes arising from or arising in connection with these General Terms and Conditions and/or Agreements concluded in the application of these General Terms and Conditions are exclusively submitted to the competent court in Amsterdam unless (inter) national legal rules dictate otherwise.