Terms of Use
These Terms of Service (“Terms”) are a binding legal agreement between you and the company “Powerside Basketball Ltd.”, with corporate seat at 201b.3, Cardinal Point, Park Road, Rickmansworth, Hertfordshire, England, WD3 1RE and UTR: 8411505419, legally established under the laws of United Kingdom (hereinafter referred to as ‘the Company’), which is the owner and manager of the platform https://www.powerside.io (hereinafter referred to as ‘the Platform’)
These Terms govern your use of the Platform and other offerings from the Company. When used in these Terms, “the Platform”, “the Company”, “we,” “us,” or “our” refers to the Company.
The Platform is an employment-oriented online service, primarily used for career development and professional networking between basketball players, coaches, members of staff and management of basketball teams, agents, and in general every professional in the basketball industry. The Platform allows users to post their CVs and employers to post vacancies – always associated with basketball.
We do not have any control over the actions of the users, any agreement the users conclude, and we are not a party to contracts between users. Our only responsibility extends to facilitating the availability of the Platform.
Unless otherwise expressly provided, we have no control and do not guarantee for the truth or accuracy of users' content or posts.
For the purpose of these Terms of Use:
– Account (User): The identification of a User is possible under a username and the relevant information requested when registering with the platform. Only the user that has created a verified Account may enjoy the full array of services of the platform.
– Services: All the services provided by the Platform and included in it. The Services do not include any service provided outside the Platform, either online or offline, irrespective of the fact that they might be linked to the Platform.
These Terms govern your use of the Platform and other offerings from the Company. When used in these Terms, “the Platform”, “the Company”, “we,” “us,” or “our” refers to the Company.
The Platform is an employment-oriented online service, primarily used for career development and professional networking between basketball players, coaches, members of staff and management of basketball teams, agents, and in general every professional in the basketball industry. The Platform allows users to post their CVs and employers to post vacancies – always associated with basketball.
We do not have any control over the actions of the users, any agreement the users conclude, and we are not a party to contracts between users. Our only responsibility extends to facilitating the availability of the Platform.
Unless otherwise expressly provided, we have no control and do not guarantee for the truth or accuracy of users' content or posts.
For the purpose of these Terms of Use:
– Account (User): The identification of a User is possible under a username and the relevant information requested when registering with the platform. Only the user that has created a verified Account may enjoy the full array of services of the platform.
– Services: All the services provided by the Platform and included in it. The Services do not include any service provided outside the Platform, either online or offline, irrespective of the fact that they might be linked to the Platform.
Introduction
You agree to comply with all Terms of Use when accessing or using the services of the Platform.
Please be advised that these Terms contain provisions that govern how claims you and we have against each other are resolved (see "Governing Law; Limitation of Liability" and "Indemnity by you").
Please be advised that these Terms contain provisions that govern how claims you and we have against each other are resolved (see "Governing Law; Limitation of Liability" and "Indemnity by you").
1.1. Using the Platform
In connection with using our Services you agree to comply with these Terms, our Policies, and all applicable laws, rules, and regulations, and you will not:
• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies;
• maliciously interfere with any other user's content;
• take any action to undermine the feedback or ratings systems;
• transfer your account and user ID to another party without our notice;
• share your account credentials with any third parties;
• create listings, post, or upload content in inappropriate categories or areas on the Platform;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• distribute viruses or any other material that may harm the Platform or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;
• circumvent any technical measures used to provide our Services, or in any way interfere with the functioning of our Services;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to the Company or any other user;
1.2. Verified Account
You may use the Services provided by the Platform after having created a verified account.
In order to verify your account, we may ask you to verify your registered email address, by sending an authentication link to the email address.
By creating the account, you agree to these Terms and you have been informed by our Privacy Notice and our Cookies Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for the Platform, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
1.3. Eligibility
You must be at a legal age forming legally binding contracts to create an account and use the Services. By creating an account and using the Services, you represent and warrant that:
- you are the "Minimum Age" or older; “Minimum Age” means 16 years old. However, if law requires that you must be older in order for the Company to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
- you will only have one account, which must be in your real name;
- you are not temporarily or indefinitely suspended from using our services, or you are a person with whom transactions are prohibited under economic or trade sanctions;
- you are not a person who is barred from using the Services under the laws of your relevant applicable jurisdiction
- you will comply with these Terms and all applicable national, European and international laws, rules and regulations.
1.4. Account deactivation and termination
You may deactivate your account at any time, for any reason, through the Platform. When you deactivate your account, the account is not deleted. You may reactivate it again at any time.
If you want to terminate your account and delete all your data, you must send us an email at the email address basketball@powerside.io. We may terminate your account at any time without notice if we believe that you have violated these Terms. Upon such termination, you will not be entitled to any refund. After your account is terminated, these Terms will continue to apply to the extent you have outstanding obligations with us.
1.5. Modifying the Service
We are always striving to improve the Services we offer and bring you additional functionality that you will find engaging and useful. This means we may add new features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
1.6. Revision of the Services
We may make changes to these Terms and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms will be posted on the relevant section of the website, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Platform or via email. We agree that changes cannot be retroactive. If you object to any changes, you may delete your account. If you continue to use the Services after the changes become effective, then you agree to the revised Terms as of the effective date.
1.7. Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Platform, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
1.8. Rights we grant you under conditions
We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Platform. This license is for the sole purpose of letting you use and enjoy the benefits of the Platform as intended by us and permitted by these Terms. Therefore, you agree not to:
− copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without our prior written consent.
− express or imply that any statements you make are endorsed by us.
− use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services.
− "frame" or "mirror" any part of the Services without our prior written authorization.
− use meta tags or code or other devices containing any reference to us or the Services (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
− modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so.
− probe, scan or test the vulnerability of our Services or any system or network.
− encourage or promote any activity that violates these Terms.
We may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including termination of your account.
Any software that we provide you, may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
1.9. Rights you grant us
− By creating an account, you grant us a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you post, upload, display or otherwise make available (collectively, "post") on the Platform or transmit to other members (collectively, "Content"). Our license to your Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works created through any use of the Services.
− Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Platform may be viewed by other users and may be viewed by any person visiting or participating in the Platform.
− You agree that all information that you submit either as a guest user or upon creation of your account, is accurate and truthful and you have the right to post the Content on the Platform and grant us with the license above.
− You agree that you are responsible for the photos/videos you share with the Platform, that these are your intellectual property and in no case infringe any third-party rights. We have no responsibility regarding the content of the above photos/videos as well as for any issue that arises with those. Furthermore, the user undertakes to cover any damage (including any costs, court or other) that the Company may suffer from claims of any third party, which are related in any way to the display of the above photos/videos.
− You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the Company.
− When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
− For the Company allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Platform. By submitting suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback for any purpose without compensating you.
− Please be informed that we may access, store and disclose your account information and Content if required to do so by law, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
1.10. Feedback
You agree that any feedback, reviews suggestions, ideas, or other information or materials regarding the Platform or your experience, whether by email or otherwise on the Platform ("Feedback"), are non-confidential and shall become property of the Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating anyone who is in any way involved with it. We love hearing from users, but please do not share your feedback with us if you expect to be paid or want to continue to own or claim rights on it.
1.11. Payment Terms
You may use the Platform according to your subscription plan.
If you purchase any of our subscriptions, you agree to pay us the applicable fees and taxes. Upon completion of payment, your subscription plan is activated and you can enjoy the Services. Please note that subsequently to the first payment, We shall charge your payment method automatically for future fees as per the frequency you select. You will have the option to change the charging frequency anytime. Any amendment to the charging frequency will become effective upon the initiation of the new billing period. To avoid future charges, cancel before the renewal date.
Failure to pay fees will result in the termination of the Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You will receive a transaction receipt automatically by our payment service provider. If you wish to receive an invoice, you may contact by email at the email address basketball@powerside.io.
1.12. Cancellation Policy
Except as required by law, payments are non-refundable, including fees and other charges.
Under the laws applicable in your jurisdiction, you may qualify for a refund. For example:
- If you live in Denmark or the Netherlands, we'll cancel your subscription with a one-month notice and refund any part of your subscription period remaining.
- Citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. This 14-day period begins when the subscription service starts. For example, if you signed up for a one-month free trial, the period begins on the first day of your free trial, so there will be no fees paid as a refund.
- If you made a purchase using Single Euro Payments Area (SEPA) direct debit, you're entitled to a refund from your bank under the terms and conditions of your agreement with your bank. A SEPA direct debit refund must be claimed within eight weeks starting from the date on which your account was debited.
1.13. Third Party Services
The Platform may contain advertisements and promotions offered by third parties and links to other websites or resources. We are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Services, such party's terms will govern their relationship with you. We are neither responsible nor liable for such third parties' terms or actions.
1.14. Disclaimers
We provide the Services on an “as is” and “as available” basis and to the extent permitted by applicable law. We grant no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. We do not represent or warrant that (a) the Services will be uninterrupted, secure or error free, (b) any defects or errors in the Services will be corrected, or (c) that any content or information you obtain on or through the Services will be accurate.
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
We take no responsibility for any Content that you or another user or third party posts, sends, receives or in any way transmits or disseminates through the Platform. Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk.
We do not promise to store or keep showing any information and content that you have posted. The Platform is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Notice.
1.15. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Services, (ii) the conduct or Content of other members or third parties on, through, or following use of the Services; or (iii) unauthorized access, use or alteration of your Content, even if the Company has been advised of the possibility of such damages. In no event will the aggregate liability of the Company to you for all claims relating to the Services exceed the greater of the amount paid, if any, by you to the Company for the Services.
1.16. Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless the Company, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of these Terms.
1.17. Entire Agreement; Other
These Terms, along with the Privacy Notice, Cookies Policy, and any additional terms disclosed and agreed to between you and the Company, constitute the entire agreement between you and the Company regarding the use of the Services. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms and you may not make any representations on behalf of or bind the Company in any manner.
1.18. Copyright and Trademark Notices
The Company is not responsible for content on websites operated by parties other than itself. The graphic logo and all other product or service names or slogans displayed on this Platform are registered and are legal trademarks of the Company and/or of its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. In addition, the design of this Platform, including all page headers, custom graphics, button icons and scripts, is the trademark of the Platform and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company. The Company, always in accordance with the principle of good faith and with the relevant transactional ethics, makes every effort to ensure that the content and information that appears each time on platform are as accurate as possible, but does not bear any responsibility for their credibility. All rights reserved.
If you are aware of an infringement of either your brand or our brand, please let us know by contacting us at basketball@powerside.io
If you are aware of an infringement of either your brand or our brand, please let us know by contacting us at basketball@powerside.io
1.19. Termination
Both the User and the Company may terminate these Terms at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your Feedback;
- Other Users’ rights to further re-share content and information you shared through the Services;
- Terms 1.3, 1.15, 1.16, 1.20, 1.21 of these Terms
- Any amounts owed by either party prior to termination remain owed after termination.
1.20. Governing Law and Choice of Forum
These Terms shall be governed by and construed in accordance with the laws of Greece. You agree that any action at law or in equity arising out of or relating to your use of the Platform or these Terms shall be filed only in the courts of Athens, Greece and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
In case you have a direct legal claim against another user of the Company, the relevant applicable jurisdiction shall be determined according to private international law.
In case you have a direct legal claim against another user of the Company, the relevant applicable jurisdiction shall be determined according to private international law.
1.21. Miscellaneous Terms
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are the entire agreement between you and us relating to the subject matter herein. These Terms may be modified only by our posting of changes to these Terms on this Platform. Each time you access this Platform, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms. These Terms will function to the benefit of our successors, assignees, and licensees. The failure of the Company and/or its successors, assignees and licensees to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms of Service, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
We may assign our rights and obligations under these Terms. These Terms will function to the benefit of our successors, assignees, and licensees. The failure of the Company and/or its successors, assignees and licensees to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms of Service, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
1.22. Contact us
Should you have any queries on these Terms, please contact us at basketball@powerside.io
COMMUNITY RULES
We want that the Platform reflects the best version of basketball professional life. We view the Platform as a lively community, which, in order to flourish, has to abide by certain rules. All members of the Platform must respect these Community Rules.
1.23. Your Interactions with other Users
We strive to encourage a respectful user experience. We are not responsible for the conduct of any user on or off of the Platform. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Platform.
− You are solely responsible for your interactions with other Users. You understand that the Company does not conduct any background checks on its Users, except for the typical verification process in case of account creation. We make no representations or warranties as to the conduct of the users of the Platform.
− If you believe that any User is acting in a potential harmful and/or aggressive and/or offensive and/or unlawful and/or inappropriate and/or unethical manner, you must cease any communication with this User immediately, keep a copy of the occurred communication and contact us.
− The Company reserves the right to terminate a User’s account, if such User is found to adopt a harmful, offensive, aggressive, unlawful, inappropriate or unethical behavior.
1.24. Community Rules
By using the Platform, you agree that you will not:
− share false or misleading Content
− create a fake profile or falsify information about yourself/your organization
− use the Platform for any purpose that is illegal or prohibited by these Terms
− use the Platform for any harmful purpose
− use the Platform in order to damage us
− spam, solicit money from or defraud any User
− impersonate any person or entity or post any images of another person without this person’s permission
− bully, "stalk", intimidate, assault, harass, mistreat or defame any person
− post any Content that violates or infringes anyone's rights, including rights of property, publicity, privacy, copyright, trademark or other intellectual property or contract right
− post any Content that is hate speech and/or threatening
− post any Content that incites violence
− post any Content that promotes racism, discrimination, hatred or physical harm of any kind against any group or individual
− engage in sexual innuendos or unwanted advances
− solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person's personal information without this person’s permission
− use another User's account or maintain more than one accounts
− create another account if we have already terminated your account, unless you have our permission.
Although the Company reserves the right to review and remove Content that violates these Terms, such Content is the sole responsibility of the User who posts it, and the Company cannot guarantee that all Content will comply with these Terms. If you become aware of any Content that violates these Terms, please contact us.
1.25. Reporting
If a User believes that any Content in the Platform does not comply with these Terms, is illegal or misleading, it may contact us at basketball@powerside.io. Νο person is allowed to intentionally or unintentionally mislead users or distort the functionality of the Platform.
LAST AMENDMENT: 24/02/2023
Contact Powerside
basketball@powerside.io