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Terms
GENERAL CONDITIONS OF CONTRACT WITH USERS The following describes the terms and conditions under which Golden Boy Technology & Innovation Srl (hereinafter, the Company) offers its users access to the services available on the website PostGol.com (hereinafter, the Site). 1. Introduction 1.1 Welcome to PostGol. By using the services available on PostGol.com, you agree on the following terms and conditions. 1.2 To become a PostGol user, you must read and accept all the terms and conditions contained in this Agreement with Users (hereinafter, Contract Terms with Users), in the Privacy Rules and in any other section of the Site (Conditions of Contract with Users jointly with our Privacy Policy, hereinafter, Terms and Conditions). If you don-t accept our Terms and Conditions, please do not use the services we offer. 1.3 By accepting Terms and Conditions, you declare you perfectly know and accept the contents of the Conditions of Contract with Users and Privacy Policy and undertake also to recognize that the use you may do of other websites advertised on PostGol.com is set by Terms and Conditions and/or by the terms and conditions of use and rules on privacy published on these sites. 1.4 These Terms of Agreement with Users are valid and binding for users, following their acceptance - in person and/or by proxy, in the name and on behalf of the other players of the same game - at the time of registration on the site. 1.5 For any further questions and/or concerns, please see our FAQ section. 2 How to use PostGol.com The use of the Site and our services implies that you are forbidden, among other things: (A) to violate any mandatory rule of law, rights of others and/or our rules; (B) to use the Site or our services, if you have not the ability to act and to enter into legally binding contracts, if you are under 18 or have been suspended from the Site; (C) to use the video content on the Site for illegal actions. Only you, and not the Company, will be held responsible for your own actions and the consequences of such actions on the rights of third parties; (D) to use prohibited, blasphemous, provocative, threatening or otherwise intimidating or scurrilous languages against other players and/or third parties, during the games that will be the subject of the video content accessible on the Site, as well as to instigate other players to adopt those behaviors and/or languages. Only you, and not the Company, will be held responsible for the consequences that the use of these languages may have against third parties as a violation of morality, religious feeling and/or their reputation and honor; (E) to distribute any part or parts of the Site or the services offered therein, including, but not limited to, Video Services (as defined below), by any means without the prior written consent of the Company; (F) to alter or modify any part of the Site or any services (including but not limited to the Video Services, as defined below, and its related technologies); (G) to circumvent (or try to circumvent), disable or otherwise interfere with any security-related element of the Site; (H) to use the Site and the services offered therein (including the Video Services, as defined below) for any of the following commercial purposes, without the prior written consent of the Company; (I) the sale of access to video services; (J) the sale of advertising, sponsorships or promotions placed on or inside the Site and/or video content published therein; (K) the sale of advertising, sponsorships or promotions on any page of blogs enabled to advertisements or websites containing video content disseminated through the Site; (L) to use the Site or the Videos Services (as defined below) to solicit commercial business or in connection with any commercial activity; (M) to access to video content on the Site for any reason other than personal, non-commercial use solely as intended through, and permitted by, the normal functionality of the Site; (n) to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit the video content on the Site for any other purpose (other than personal use) without the prior consent of the Company and/or of the respective licensors of content; (Or) to get around, manipulate and/or not effect payment of the fees due to the Company; (P) to publish (including, by way of example but not limited to, personal information) false, inaccurate, misleading data and/or data which might otherwise violate the rights of others; (Q) to take action to manipulate and/or violate feedback systems, using them for purposes that have nothing to do with PostGol.com; (R) to use or post spam and/or chain messages; (S) to spread viruses and, in any case, any other technology aimed at damaging PostGol, the Company or the interests or rights (of any type) of other users; (T) to copy or modify PostGol contents (including video content, data and information). Abuse of PostGol.com 3.1 The Company commits to keep PostGol.com and its services in operation optimally and however such as to ensure the safety of its users. In this regard, we encourage you to notify us immediately of any problems, offensive content and/or violation of the rules of the Site and/or your rights by writing to the e-mail address reclami@postgol.com, in order to enable us to carry out inquiries and/or investigations and, where appropriate, to undertake and/or take all necessary actions and measures. The Company has no obligation to monitor the video content related to users; but we reserve the right to remove inappropriate material and to take action against the persons responsible. 3.2 If the Company considers that a user has performed actions that can lead to problems, legal liabilities and/or that such actions are contrary to its rules and/or the applicable laws, it can, by way of example and without limitation, limit, suspend and/or discontinue the services and user accounts, prohibit access to the Site, delay and/or delete the contents saved and take any more useful technical and/or legal measures to prevent that user from accessing the site. The Company also reserves the right to cancel unconfirmed accounts or those left inactive for a long time. 3.3 The Company shall also be entitled - by written notice pursuant to Article 1456 of the Civil Code - to terminate the relationship with its users, governed by these Conditions of Contract with Users, by removing the user-s account and video content linked to him/her published on the Site, if the Company receives complaints on his/her content by other users of the Site. In the event of early termination of the relationship with the users for the reasons stated above, the user will not be entitled to any compensation and/or reimbursement from the Company and, as of now, expressly waives to institute any action, of any kind, in this regard. 4 Services and fees 4.1 The registration on PostGol and the viewing of video content on the site are absolutely free activities. Instead, other services - such as the activation of the cameras owned by the Company that are present on the playgrounds for the registration of the amateur football matches in which the user might take part and for subsequent publication on the Site (hereinafter, the Services extra charge) - may be subject to the payment of a fee. 5 Contents 5.1 Each holder of a PostGol account can ensure, through the so-called "registration", that the video content subject of the same videos are published on the site. You understand that, once such video contents are published on the Site, the Company does not guarantee any confidentiality with respect to them. 5.2 You retain all ownership rights on the video contents of the Video Services, but must grant limited license rights to the Company and to the other users of the Site. These are described in the following Article 6 of these Conditions of Contract with Users (Rights Licensed by the User). 5.3 You acknowledge and agree that you are the solely responsible for the audio-video content of the Video Services and the consequences of their online uploading and posting on the Site. The Company does not endorse contents, languages ??or any opinion, recommendation or advice contained in them, and expressly disclaims any and every responsibility with regard to the audio-video contents of the Video Services published on the Site. 5.4 You acknowledge and warrant that you have (and continue to have during and after the use of the Video Services) all the necessary licenses, rights, consents - also on behalf of the other players in the same game - and permits required to allow the Company to use its own audio-video content for the purposes of providing its Video Services, and otherwise use the audio-video content in the manner contemplated by the Site and/or the Terms and Conditions. 5.5 Your conduct on the Site will comply with the provisions of the Terms and Conditions, as these may be periodically updated, and with any provision of law applicable from time to time. 5.6 The moment the Company should become aware of any potential breach of the Terms and Conditions, it reserves the right (but not the obligation) to decide whether the audio-video content of the Video Services comply with the requirements in Terms and Conditions, being able to remove such content to this end and/or terminate a user's access to the loading of those that are in violation of the Terms and Conditions at any time, without notice and at its sole discretion. 5.7 You further acknowledge and agree that, while using the services on the Site (including the Video Services), you may be exposed to Contents that are factually inaccurate, offensive, indecent or otherwise objectionable to you. You agree to waive, and hereby agree to waive, any legal or equitable right or remedy that you have or may have against the Company with respect to any of such contents. 6 Rights licensed to the User When the user purchases the Video Services, he grants at the same time: (A) to the Company: a valid throughout the worldwide, non-exclusive, free, transferable license (with right to sublicense) to use, reproduce, distribute, prepare derivative works, display and perform the audio-video contents in connection with the provision of the Video Services and otherwise in connection with the supply of the same and of the commercial activity of the Company and the Site, including, without limitation, the promotion and redistribution of all or part of the Video Services (and related derived works ), in any format and through any channel of communication; (B) to each user of the Site: a worldwide, non-exclusive, free license to access to the audio-video content derived from the Video Services through the Site. 7 Contents of the company on the site With the exception of audio-video content derived from the Video Services, all other content on the Site are, alternately, owned by the Company or licensed to it, and are subject to copyright, trademark rights and other intellectual property rights of the Company or its licensors . Any trademark or service mark of third parties present on the audio-video contents is a trademark or service mark of their respective owners. Such contents may not be copied, reproduced, distributed, transmitted, sold, licensed, or otherwise exploited for any other purpose without the prior consent of the Company or, if applicable, its licensors. The Company and its licensors reserve all rights not expressly granted on, and in respect to, their content. 8 Hyperlinks from the Site 8.1 The Site may include hyperlinks to other sites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, policies relating to privacy and/or conditions of any third-party website. 8.2 You acknowledge and agree that the Company is not responsible for the availability of any external sites or resources, and does not endorse any advertising, products or other materials available on, or available from, such websites or resources. 8.3 You acknowledge and agree that the Company is not responsible for any loss or damage that you might suffer as a consequence of the accessibility of such external sites or resources, or in connection with reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or made available by, such websites or resources. 8.4 The Company invites users to read the terms and conditions and the policies related to respect for privacy of any other website they visit. 9 Exoneration from responsibility and indemnity 9.1 You shall relieve the Company from any responsibility associated and/or connected to video content, images, expressions and/or languages, or arising from, or directly and/or indirectly connected to, third parties portrayed in the video content that will be published and/or reported on PostGol. 9.2 PostGol.com is simply a place where anyone can see - at any time, from anywhere on the Internet, in any place and in different ways - videos and/or portions of them related to amateur football matches. The Company may not be held in any way responsible neither for compliance - of language and/or terms used in the videos - with morality, the common religious sentiment and/or the reputation and honor of the subjects in them nor for the respect - from the user who requested the Video Services - of third-party rights, with reference to pictures taken and published on the Site. The company, in fact, can not verify, and you acknowledge and agree that the Company may not verify, the respect for any third-party rights by the user who requested the Video Services. 9.3 The person who requested the Services Video assumes any responsibility towards other users and/or third parties with respect to the content and the dissemination of images and videos posted on the site, undertaking to indemnify and wholly hold harmless the Company and its employees, officers, agents, assigns and any other entities attributable to the Company itself from any claims in this regard boasted by other users and/or third parties. 9.4 The Company does not guarantee continuous and uninterrupted access to the Site and its services, which will be conditioned and depend on factors beyond its control, such as, for example, force majeure events. The Company excludes, therefore, any warranty, term and/or condition implied and will not be responsible in any way of economic loss and/or damage to reputation, to the person, or even of the direct and/or indirect damages resulting from the use by the user of its Website and Video Services. 9.5 It is understood that, in any case, any compensation for the Company's responsibility to the user and/or third parties may not exceed, in aggregate, the maximum amount of Euro 100,00 (one hundred Euro /00). 9.6 By accepting the terms of these Conditions of Contract with Users, you also agree to indemnify and hold the Company - and/or its employees, officers, agents, appointees, and any other group company - wholly harmless from any claims and/or request and/or demand and/or claim for damages, of any kind (including legal fees), from third parties and/or other users, which may result from the breach, by the user, of even one of the provisions contained in these Terms of Agreement with the Users and/or Privacy Policy, of the obligations of any law and/or third-party rights. 10 Access to the site and interferences 10.1 The information and video content accessible on PostGol.com are updated in real time and/or regularly; they are our property or we have been licensed for use by users and/or third parties. By accepting these Terms of Agreement with users, you agree not to use software programs and/or other automated mechanisms or manual acts to copy and/or access the website pages and/or their content without our permission expressed in writing. 10.2 You also undertake, among other things, not to: (A) take any action that (at the discretion of the Company) may cause an unreasonable overloading of the technological infrastructures and system used by PostGol.com; (B) copy, reproduce, alter or modify the contents of PostGol.com (with the exception of personal information) without our express permission in writing or, if requested, without the express consent of the third-party intellectual property rights holders on such content; (C) use any mechanism, software or procedure that interferes, directly and/or indirectly, with the proper functioning of, and full accessibility to, PostGol.com. 11. Protection of the confidentiality of your Personal Data 11.1. The data of the User who registers on our site is treated in accordance with the provisions of the Regulation (EU) 2016/679 and the internal legislation in force concerning the protection of personal data. By accessing his account, the user can consult at any time the data supplied by the same and modify them. Please note that any biometric data collected through the use of video-statistical wristbands will remain anonymous until the User makes the registration on our site and will access his account by entering the relevant data to the indication of the Sports Center, date and time of the match held. To this end, the User must consider himself as an Interested party according to the current privacy legislation. 11.2. By accepting the Terms and Conditions set forth in these General Conditions of Contract, the User, at the time of registration, consents, on his own as well as in the name and on behalf of the other beneficiaries of our services, to the processing of personal data and preferences of the same by the Company, for the purposes better identified in the annex Privacy disclaimer. The User therefore undertakes to communicate the contents of the present General Conditions of Contract and the attached Privacy Policy to the other beneficiaries of the our services (participants in the same game). The privacy policy will be exposed in any case in the premises of the Sports Center adhering to our services. The User is invited to notify us any non-disclosure of the privacy policy at the sports facility 11.3. Inside the pages that contain the video contents referable to the users can appear, at the Company's discretion, advertising banners and / or commercial information relating to third parties (companies or individuals) and / or other services offered by the Company or by others related entities. 11.4. Since the personal data of the Users of our services may be disclosed by other Users who share the video contents under their own responsibility they depict the same, each User must treat such data in compliance with the principles of lawfulness, fairness and transparency, as well as, in general, Regulation (EU) 2016/679 and national legislation in force. The ownership of the video highlights is by Golden Boy Technology & Innovation srl who declines all responsibility for any registration defects and missed video transmissions, linked to connection problems within the Sports Center or to other causes not attributable to Golden Boy. 11.5. For a complete description of how the Company intends to process the personal data of each User, we invite you to consult the Privacy Section of our site. 12 Autonomy of the parties and communications 12.1 The Company and its users act independently and objectively. These Conditions of Contract with Users do not imply - in any way and under any circumstances the establishment of any cooperation relationship, agency, association, intermediation and/or employment, semi-temporary and/or temporary employment between the Company and the users of PostGol.com. 12.2 Any notice, communication and/or document to be sent to each of the parties of the relationship governed by the Terms and Conditions - in accordance with the Conditions of Contract with Members and/or the Privacy Policy - must be sent by registered letter and/or e-mail to the party concerned to the address indicated below or to any other address subsequently notified in writing by either party to the other: (A) if to the Company: Golden Boy Technology & Innovation Srl Piazza Filippo Meda, 5 20121 - Milano (Italia) Tel: +39 02780492 Fax: +39 02781370 E-mail: info@postgol.com (B) if to the user: to the address provided upon registration on the Site. 13 Miscellaneous 13.1 Golden Boy Technology & Innovation Srl is a limited liability company incorporated under the Italian laws, with registered office in Piazza Filippo Meda 5, VAT number, tax code and registration in the Companies Register of Milan 08012960962. 13.2 Except as provided in the first paragraph of Article 1419 of the Civil Code, any invalidity or disability of a single clause or provision of these Conditions of Contract with Users will not result in the nullity or invalidity of the other terms and provisions or of the entire agreement with users. 13.3 No failure or delay by the Company to exercise any right to which it was entitled under these Conditions of Contract with Users will operate as a waiver of any right under the same Conditions of Contract with Users, nor any exercise of a single right will prevent further exercise or be deemed impediment to the exercise of any other right. 13.4 The Company may assign PostGol.com, and its relations with users, by giving notice to each member to the address referred to in Article 12.2 (b). 13.5 Unless otherwise indicated, the term "Article" must refer to an article of these Conditions of Contract with Users. The titles of articles, paragraphs and hyperlinks contained in these Conditions of Contract with Users are inserted solely to facilitate the reading and can not be used for purposes of interpretation of the contractual provisions contained herein. 13.6 The Company may at any time change the contents of the Conditions of Contract with Users by posting the amended terms on the Site. Unless otherwise specified, all new terms and conditions of the Conditions of Contract with Users will automatically be effective fifteen (15) days after the date of publication on the Site. These Conditions of Contract with Users represent the entire agreement between you and the Company, in relation to the services provided and/or used on PostGol.com. Shouldn't you agree with changes made to the Conditions of Contract with Users, you can end the same agreement by requesting the closure of your account. 13.7 In the event of termination, for any reason, of the agreement with a user, pursuant to these Conditions of Contract with Users, the following Articles will remain valid even after any termination: (A) Article 3 "Abuse of PostGol.com", in relation to any possible abuse committed until the date of termination of the Contract Conditions with Users; (B) Article 4 "Services and fees", in relation to fees owed for our services; (C) Article 5 "Content"; (D) Article 6 " Rights licensed by the user"; (E) Article 7 "Content on the Site of the Company"; (F) Article 9 "Exclusion of liability and indemnity"; and (G) Article 14 "Applicable law and jurisdiction". 14 Applicable Law and Jurisdiction 14.1 These Terms of Contract with Users are regulated by the law of the Italian Republic. 14.2 In the event of disputes between the user and the Company, the Company will pursue the objective to provide preliminarily neutral and cost-effective tools to each user, in order to resolve such disputes promptly. In this regard, we urge each user to contact us directly to seek a solution by visiting the help FAQ page. The Company will consider any reasonable requests from the user. 14.3 The Court of Milan will have exclusive jurisdiction over any dispute arising in connection with PostGol and/or the validity, interpretation and/or execution of these Conditions of Contract with Users or otherwise connected or dependent on them and/or the payment of the fees due for the use of PostGol.com services, without prejudice to the powers established in the field of consumer protection by legislative decree 6 September 2005 n. 206, as amended from time to time (the so-called "Consumer Code"), and the Code of Procedure for precautionary, emergency and enforcement measures. 14.4 All disputes arising from these Conditions of Contract with Users - where the total value of the dispute is less than 10,000.00 Euro (ten thousand Euro/00) - could be devolved to the attempt of conciliation as provided for by the online Mediation Service and Reconciling Chamber of Arbitration of Milan.
I have read and agree to the Terms
Data Policy
Informations to the User on the Processing of Personal Data according to art. 13 of Regulation n. 2016/679 / EU and National Privacy Legislation in force Dear User, in thanking you for choosing to subscribe to the services offered on the PostGol.com site, pursuant to art. 13 of Regulation n. 2016/679 / EU (hereinafter also "GDPR") and the current internal privacy legislation, we hereby provide the following information: 1) The Data Controller of the Personal Data you have provided is Golden Boy Technology & Innovation S.r.l., with its registered office in Milan, in Via della Spiga n. 42, who can be contacted by writing to privacy@postgol.com or sending a registered letter to the attention of the Data Controller at Golden Boy Technology & Innovation S.r.l. Via della Spiga n. 42, Milan. 2) The Personal Data processed for the purpose of registering and providing our services are: (a) name and surname, date and place of birth, e-mail address, city, country and, only where applicable and required by the specific payment method chosen by the user, financial information such as, for example, the number of credit card and / or current account; (b) images, videos and any biometric data related to your user profile; (c) information relating to shipping, billing and / or other information provided by the user for the purchase of a product and / or video service; (d) any additional information that may be provided by the User to the Company. 3) The processing of Personal Data is carried out for the following purposes: a) provide the services requested; b) provide customer support at your request; c) resolve any disputes, collect the fees due and define positively any problem encountered; d) prevent potentially prohibited and / or illegal activities and enforce the General Conditions of Contract with Users; e) customize, measure and improve the services, content and advertising offered on Site; f) carry out market research, promotions, advertising offers and awards; g) use the images and videos collected for advertising purposes; h) inform the User of the services offered on the Site and those of the other entities related to the Company, to send commercial communications, updates to services and offers promotional based on the communication preferences expressed by each user or based on to the biometric data collected on your person; i) compare and verify the accuracy of the data provided when registering on the Site; j) transmit the personal data and preferences of the User to any Sponsors; k) comparison for statistical purposes of your biometric data with those of other Users and possible transmission of the same to the Sponsors. The provision of Personal Data is essential for the performance of activities aimed at pursuit of the purposes identified in letters a), b), c), d) i). Therefore, the failure conferment implies that the Holder is unable to provide the services requests. Instead, with reference to the activities referred to in letters e), f), g) h), j), k) failure consent will not preclude the provision of the requested services 4) Your Personal Data and preferences can be communicated to: - other legal entities attributable to the Company and / or other companies used by the Company at order to offer joint content and services (such as the payment methods made available for the payment of the fees due and / or the collection thereof), to help identify and preventing potentially illegal activities and / or guiding decisions on video products and services offered; - service providers with which the Company has established a contractual relationship for the management of own activities (eg for investigations on violations of legal provisions, collection invoices, credit recovery, affiliate programs); - other third parties to whom the User expressly requests that the Company send its personal data; - any Sponsors; - police or other public authority officials in order to respond to related requests to criminal investigations and / or to alleged illegal activities carried out on and / or through the Site. The complete list of all external managers who will be able to learn about you given in the performance of their collaboration activities with the Owner may be requested by writing to the following e-mail address: privacy@postgol.com. 5) Your Personal Data may be disclosed by the parties referred to in point 4) as well as by other Users who share video contents with your person under their own responsibility on television, computer and / or social platforms networks. 6) Your Personal Data is processed in compliance with the principles of lawfulness, correctness and transparency. The processing of your Personal Data is carried out by means of the following operations: collection, registration, organization, structuring, conservation, consultation, adaptation or modification, use, dissemination, communication, extraction, comparison, interconnection, limitation, cancellation and destruction of data. Your Personal Data are processed with paper or computer media, with the adoption of every technical measure and organizational structure to guarantee the security of Personal Data. 7) Your Personal Data will be kept for the time necessary to fulfill the purposes referred to in point 3 and in any case not beyond the period of time prescribed by current regulations regarding the storage of Personal Data. At any time, you can ask for storage times for your data, along with any processing performed on the data themselves, by writing to privacy@postgol.com. 8) In your capacity as interested party in the processing of the data in question, you are entitled to the rights referred to in the GDPR and thus can ask the Owner: access to Personal Data, the indication of the methods, purposes and logic of the processing and the request for limitation, opposition or data portability, rectification and cancellation within the limits and in the manner indicated by the GDPR. Finally, you have the right to lodge a complaint with the competent authority referred to art. 77 GDPR. You can exercise the rights listed above, as well as the right to revoke the consent, by writing to the owner at the e-mail address privacy@postgol.com or by sending a registered letter to the attention of the Data Controller at Golden Boy Technology & Innovation S.r.l. Via della Spiga n. 42, Milan 20121 Italy The Data Controller Golden Boy Technology & Innovation S.r.l.
I have read and agree to the Data Policy
I hereby authorize the treatment of my personal data in order to:
Compare and verify the accuracy of the data provided when registering on the Site; customize, measure and improve the services, content and advertising offered on the Site;
Inform the User of the services offered on the Site and those of other entities attributable to the Company, send commercial communications, updates to services and promotional offers based on the communication preferences expressed by each User or on the basis of biometric data collected on your person ; carry out market research, promotions, advertising offers and awards; use the images and videos collected for advertising purposes;
Transmit the personal data and the User's preferences to eventual sponsors; comparison for statistical purposes of your biometric data with those of other Users and possible transmission of the same to the Sponsors.
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