1.1. General Overview: We would like to welcome you to our website www.athlenda.com, available at www.athlenda.com . We are a social network and online Platform that is dedicated to sports (hereinafter referred to as the “Platform”). Our platform contains specialized tools, designed to be used by individuals with diverse roles in the sports industry such as a) athletes of diverse sports and of different status from amateur level to professional level that are registered in the Platform (hereinafter referred to as “Registered Athletes”) and professionals that do business in the sport industry searching for new (or well established) talents from diverse sports (hereinafter referred to as “Registered Professionals”) (both are referred to as “Users”).
1.2. A Registered Athlete participates in the Platform at his own request. He/she provides personal data to the Platform for the purpose of generating a Profile related to his/her skills and achievements in one (or more) sports to become public to other Users in the Platform. Platform also provides sophisticated technological tools and features that allow Registered Athletes to upload at their own free will audiovisual material related to their athletic performance and experience (this material may have been produced by them or by third parties). Registered Professionals can also create their own Profiles to upload their professional information and details as well as any other Content created by them, such as for instance articles, news, links to third party WebSites etc. Profiles created by Users as well as any and all content uploaded by Users as above is referred to as the “User Generated Content or UGC”.
1.3. UGC is aggregated in an advanced and optimized Search Engine (hereinafter referred to as the “Search Engine”). The Search Engine provides automated results based on a customized proprietary algorithm that allows anyone interested to find in a fast, easy and objective way the Content requested that fits best to the criteria inserted.
1.4. The owner of this Platform is ATHLENDA SOCIETE ANONYME, with registered seat at Ath. Giannousi 1, 54250 Thessaloniki, Greece, TRN 800648494 TAX office Z’ Thessaloniki tel: +302319998800 fax: +302319998800, email address firstname.lastname@example.org, (hereinafter referred to as “the Company”). Where the word “Platform” is used in general this includes: the Web site, the Technological Tool and the Search Engine.
1.6. Platform is not static; on the contrary it constantly changes in order to improve. Therefore it is highly advisable that Users visit this page regularly to get informed about any possible changes in the Terms and Conditions. Please note that any changes in the Terms and Conditions apply as from the date they are uploaded in the Platform and are valid for any future Platform use. In case a User disagrees with any change in the Terms and Conditions, that User should abstain from any further use of the platform. Continuance of use of the platform is considered as unconditional acceptance of the modified terms and conditions.
2.1. In a nutshell, Platform provides the organizational and technical tools that allow:
a) Registered Athletes of all levels (professionals and amateurs) to create their personal profiles and post the UGC regarding their skills and achievements and/or any other sport characteristic considered as appropriate by them. Registered Athletes can publish, share and promote their performance and talent in sports’ industry among other Platform Users.
b) Registered Athletes of all levels to acquire a detailed report with any UGC that refers to each one of them individually, by submitting a simple request to the Platform. The report is referred to as “The Scouting Report”. The Platform, via the Search Engine, collects the Registered Athlete’s UGC and provides automated results in the form of a report (the Scouting Report). This service is provided to the Registered Athletes upon payment of a yearly fee according to terms 3.6. and 5 below.
c) Registered Professionals that do business in sport’s industry to find Athletes by using Platform’ s content and Search Engine tools in a cost efficient, targeted and simple way as well as to upload content related to sports at their own free will.
d) Registered Professionals to acquire Scouting Reports, as these are described under b) above and forward them to third parties for promotional purposes. It is clarified that such service shall be available to Registered Professionals only in those cases where the Registered Athletes have agreed to public dissemination of their Content.
e) Registered Teams or Associations to procure services as per their respective Terms and Conditions (indicatively, maintain profiles, launch the Tryout Service etc.).
2.2. In addition Platform operates as Social Network dedicated to sports. All Users can add friends, can follow other Users, can allow other User’s to follow them, can come in contact with other Users, can share content with them and create relations in general that allow Users to become more acknowledged, productive and successful in the field of their interest.
2.3. Platform also offers a sophisticated advanced technological tool (hereinafter referred to as the “Technological Tool”) that allows to edit audiovisual material uploaded by the Users and to create tailor made content targeted to the athletic skills and performance of Registered Athletes. Among others it allows to point out the Registered Athlete’s exact achievements enabling targeted view of his/her Profile by other interested Users.
2.4. a) Platform also operates a sophisticated advanced Search Engine that is used to extract targeted and specific results matching to the criteria set by the Professionals in relation to a Registered Athlete’s skills and performance.
2.5. By registering with the Platform, all Registered Athletes may also have access and participate in trials generated by Teams or Associations in order to identify and recruit athletes that meet their criteria (herein referred to as the “Tryout Service”). More specifically teams are allowed to communicate through their profile in the Platform to other Platform’s users (Registered Athletes or Registered Professionals) the launch of a trial. The specific criteria of each trial, such as the athlete’s age range, height, nationality, their position etc., as well as any other terms regarding the participation in the trial (duration of the tryout, season etc) are featured in the teams’ profile. Each Registered Athlete who may be interested in participating in a trial should visit the team’s profile and register accordingly by filling in the respective application. The Platform may send alerts to Registered Athletes regarding any new trial, however it is expressly clarified that this is not mandatory for the Platform and therefore each Registered Athlete should regularly visit the Teams’ or Associations’ profiles to get updated information regarding current or future trials. Each Team or Association shall be entitled to choose, at its absolute discretion, the Registered Athletes who should participate in the trial. Registered Athletes shall not be entitled to raise any claims against the Teams, Associations or the Platform for not being chosen to participate in a trial. Each Athlete chosen by the team via the Try out Service shall be personally notified by a notification sent to his/her profile. Registered Athletes understand and accept that by registering in a Team’s or Association’s profile, all their personal data and Content uploaded in the Platform shall be accessible by the latter. Such access shall be preserved even after the trial is concluded and even in those cases where a Registered Athlete has not been chosen to take part in it. Teams shall be allowed to use and process such Content for the purposes of the trials. Registered Athletes however shall be entitled, after the trial is over, to make their data and Content private and not accessible by the Teams or Associations. Registered Athletes who participate in the Tryout Process provide hereby the Company with their explicit consent to advertise and communicate to the public any successful recruiting that resulted from the Tryout Service.
b) All Search Engine results are extracted from a database that is structured by UGC created by Users at their own free will, responsibility and liability. Platform and Company bear no liability and have no control over or actual knowledge of the accuracy, truth and legality of the Content created and Uploaded by the Users . In addition Search Engine results are extracted in a completely automated way based on an advanced proprietary algorithm that correspond the UCG to the criteria inserted by Users. In any case whatsoever, the Search Engine has been created and operates solely in order to facilitate Platform Users to find matching UGC. Company and Platform can not guarantee the accuracy and the truth of the Search Engine results nor the fact that the results are fit for purpose and cover the search inquiry.
c) Registered Athletes hereby acknowledge that, as long as they agree to public dissemination of their Content, such Content shall be available to Registered Professionals to use it, at their discretion, for promotional purposes. More specifically Registered Athletes hereby acknowledge that Registered Professionals may, by using the Scouting Report service, extract the Athlete’s UGC, print it, file it, store it and promote it to third parties. Registered Athletes explicitly consent to such use of their UGC by Registered Professionals. In the event that a Registered Athlete has any objection regarding the Content of the Scouting Report or its use by the Registered Professional, he may always communicate such objection to the latter. Company and platform shall by no means be held liable for any claims that may arise from the Registered Athletes and Professionals relating to the use of the Scouting Report Service. Registered Athletes who do not wish their UGC to be available to third parties, including the Registered Professionals, may choose to keep their profile and its Content private.
d) Company reserves its right to modify algorithms used to extract results as well as the parameters/criteria used, while at the same time the Company also reserves its rights to insert search engine tools that will extract results based on featured listing criteria, without the need to receive User’s previous consent and without Users having the right to ask for any reimbursement.
2.6. Platform operates as a Third Party Host Provider that hosts UGC and/or any other Content uploaded by Users in the Platform. So, the platform operates as intermediate information society provider that proceeds only to technical, automated and neutral hosting /storage of the content which is generated and/or uploaded by the Users without any control or initiation by the Company. The Company does not participate or intervene or control or initiate in any way to the content generated and/or uploaded by the Users. Any User is solely and exclusively liable for the accuracy, truth, and legitimacy of the content that generates and/or uploads in the Platform. The Company does not approve or in any other way agrees with the Content uploaded by the Users. UGC and/or Content added by Users express the sole opinion of the User that has created it and/or uploaded it. In case however that the Company becomes aware of any illegal or violating Content, it (Company) has the right to take it down from the Platform (Notice and Take Down Process). In this context, any third party (Registered in the Platform or not) can address a well justified, accurate, bona fidae and reasonable Notice of any illegal activity in the Platform by clicking on the “Report an Issue” button. The Company reserves the right to dismiss any Notice that is not well justified, accurate, bona fidae and/or reasonable. The Company always acts in good faith and within the framework defined by law and the present terms and conditions. The User cannot ask for compensation for a damage caused due to the Notice and Take Down Process even in case the indications used by the Company were faulty. The User acknowledges and declares that the Company cannot check and is not obliged to check the correctness or accuracy of those indications.
2.7. Platform is not obligated to publish any Content and can remove it in its sole discretion, without any excuse and with or without notice of the Users.
2.8. As per the UGC or any other Content uploaded by Users in the Platform the following is applicable: By uploading UGC or any other Content in the Platform the User gives the Company a transferable, worldwide, sub-licensable, and royalty free license of unlimited time with regard to this content to be used and exploited by the Company at its own discretion and free will. This license ends either a) when the User terminates its Registration to the Platform and closes his/her Profile or b) in case User deletes the uploaded content. Nevertheless this is not applicable in case the Content uploaded is used by other Users (i.e. commented or shared) whereby it remains in the Platform.. The same is applicable if a User has already reposted and shared this Content (either initiated by the User or not) in Third Party Web Sites.
2.9. Platform allows messaging and sharing of information in many ways (privately or publicly), such as among profiles, by editing audiovisual material, by uploading links to other content etc. Users can add filters to their Profiles in relation to the activities allowed and the desired privacy (i.e. public or private dissemination of Content, limitation of video views to specific Users etc). It is the Users own responsibility to set these filters to the desired level of privacy and to forbid or allow specific action over his/her Profile. The same applies for any action undertaken by other Users with regards to its Profile (i.e. in case of tags, or annotation or highlights etc). Still User acknowledges that core information of his/her Profile shall be available to all Users in the Platform.
3.1. In order for a visitor to be able to join the Platform, visitor should sign up and create an account. Any Visitor should choose to sign up in the pre-set category that matches to his/her actual profile (i.e. Athlete or other Professional in the sports business). Further, Visitor should file the requested data to identify him/her as a Platform User under the chosen category.
3.2. A Visitor can register as User ONLY IF HE/SHE IS OVER 18 YEARS OLD. In case that a Visitor is under 18 years, he/she can register and use the platform only with the consent of the person that is exercising parental custody. Registration of Users under the age of 13 is not allowed (with or without parental consent)! By registering into the Platform any User declares that he meets the above criteria. In case that Company becomes aware at any time after the User’s registration that it does not meet the criteria of the present clause, it reserves the right to delete the User Account and to take down any UGC and Content posted by the User. In any case whatsoever all Professional Users should check whether parental consent exists when coming in direct contact with any Registered Athlete. Company has no control over and bears no liability for any professional offer and/or communication made by any Professional User to a Registered Athlete.
3.3. All personal data requested for registration are relevant, appropriate and necessary for User signing up to the Platform as well as for the usage and exploitation of all the functionalities offered in the Platform. Moreover Visitor can freely opt to register some additional optional data that are necessary in order to make his/her Profile more efficient and more easily targetable from other Users. In any case, Platform services are provided to any User further to the User’s own request and personal free initiative to sign up and use the Platform’s services.
3.4. By registering in the Platform User acknowledges and declares that he/she is exclusively liable for the truth and accuracy of the personal data registered and that he/she legitimately disposes or has acquired them so as to be able to fill in the registration form and participate in the Platform. The Company neither checks nor is obliged to check the truth or accuracy of the personal data that any Visitor registers while creating a Profile. All and any communication with User will be sent by the Company only at the email address submitted by the User while signing up or to any other email address inserted at the Platform’s database at a later stage by the User. Similarly Company only acknowledges communication that is send by the registered email address of a User.
3.5. Collection and further processing of User’s registration personal data is made only by the Company and only in order for the Users to be able to use the Website and to exploit the functions and possibilities offered in it, through it, following User’s own initiative and request to participate in the platform. Any User should only create account for himself and not for any other person!
3.6. User’s registration to the Platform is free, personal and non transferable. However Platform Services can be provided with or without payment.
In specific the following are provisioned:
1). As per Registered Athletes:
2). As per Registered Professionals:
3.7. When signing up, the User should enter a secret password that will enable his/her secure login to his/her Account and to the Platform in general. User can change his password at any time. He remains at all times solely and exclusively liable for keeping his password safe and secret. User is liable for any act or omission conducted through his Account. So, in case there is a leakage of password or non authorized use of the Account, User should immediately notify the Company by email at the email address email@example.com; otherwise User is liable for any action or omission conducted with his password up to the point he has appropriately informed the Company. Until the Company becomes aware of the password leakage or unauthorized use, it (the Company) reasonably considers that any act or omission related to a specific User Account derives from that specific User. Company cannot be held liable for any use of the password from non authorized person in case that User does not report such unauthorized use promptly. For security purposes User is strongly advised to frequently change his password, to avoid using non secure passwords while login in the platform and to restrain from revealing his password to any third parties.
3.8. The User is solely and exclusively liable for the content that he uploads at any part of the Website (such as indicatively comments, videos, photographs, articles, links to third person’s content, reviews etc). User’s liability is specifically defined in art.
3.9. The visitor acknowledges that the Company allows the registration and the creation of a User account at the Company’s discretion; Company is not obliged to permit any User to sign up and is entitled to reject a visitor’s request to create an account at any time, without any justification and without any compensation. In addition the Company has the right to temporarily or permanently deactivate an account or erase a registered User at any time with or without any justification. The same applies in case that the Company receives a complaint against a User by any other User or a third party or by any legal authority regarding illegal actions of the User or violation of the present Terms and Conditions. In case a User deactivates his account, still his identification data will be retained by the Company for a period of one year after the expiry of which data are erased for security purposes.
3.10. By accepting the present Terms and Conditions and completing the registration procedure, the Company grants the User a non-exclusive, personal, non transferable and non exploitable license to use the Platform for personal use under the present terms and conditions. Any use outside the framework of the Terms and Conditions is prohibited. It is also prohibited to use the content uploaded at the Platform for commercial or illegal purposes.
3.11. Visitor has also the possibility to sign up through other social media networks (i.e facebook, twitter etc) at his sole discretion. Users acknowledge and accept that the Platform will receive and register user data that have previously registered social media platform through which he has sign up to the present Platform. In addition Users have the right to invite their friends in other social media networks to become Users of the Platform. In these cases the Company bears no liability as to the processing of personal data made by other social media and to the filters/settings used by it in relation to privacy. If any Visitor or User wishes to exercise his legitimate rights regarding his/her personal data processed by other social networks, he/she should to contact the relevant social media network.
3.12. User can exit the Platform and/or Deactivate his/her Account at any time by linking to the Deactivation button. The license provided to the User under 3.10 can terminate at any time either by the Company or by the User with or without cause or justification. In addition the Company can always terminate this license at any time in case of violation of any clause of the present Terms and Conditions by the User. User cannot claim for any compensation from the Company.
4.1. Each User can add in the Platform his own UGC to promote his athletic skills and achievements. To achieve this, Platform offers to the User 2 technical options to choose from:
User can use at its sole discretion a series of advanced features available that allow among others: to locate part of the video that the User wishes to promote, to define the starting and ending point of the video, to create the ”highlights” of his athletic performance etc. In addition, a Registered Athlete can also tag himself or others in an audiovisual work uploaded by him/her or others Users. In such case tagging other Users is subject to that Users activating the tag permission. Any user can refuse to be tagged or can erase any tags already made from any Content. If the User that initially uploaded a content that includes third party tags deactivates his account in the platform, that content remains accessible in the Platform.
Company reserves the right to add or reduce the Technological Tool’s available Features at any time without prior notification of Users.
4.2. It is expressly noted that any Content that is uploaded in the Platform from any Third Party Website shall remain available in the Platform only for as long as that Content remains available in that Third Party Website. In case that Content is deleted for any reason from the Third Party Website, it shall be immediately and automatically erased from the Platform too.
4.3. As far as third party website (like youtube and vimeo, etc) videos are concerned, the User must abide to the present Terms and Conditions and also to the terms and conditions applicable at youtube or to other possible websites (from which links of videos may originate). At the same time User must ensure that youtube and other websites allow the use of a specific video in the manner provisioned in the Platform The same is applicable too for the Terms and Conditions of all other websites, platforms, social media etc in which videos or other material is upload and whose links are used for the view of Content in the Platform. The Company is not liable for any damage caused either to the User or to any third party due to transition, link, connection, storage or any other technological action of any type related to youtube, or other website, platform, social media etc.
4.4. In any case whatsoever, the User is fully and exclusively liable for the legitimacy of the Content he creates and/or uploads to the Platform regardless of the technical way used and/or the source of it. User is solely responsible to obtain the relevant licenses where necessary in order to use audiovisual work uploaded at youtube or other websites and for any other Content. In addition User is solely responsible not to violate any third party rights (such as IPRs, data privacy rights etc) when using and/or creating and/or uploading audiovisual work in the Platform and/or to receive any consent necessary.
4.5. User is obliged to add an audiovisual work or other Content that is either his/her own original work or for which he disposes all necessary legal licenses from the person that owns the proprietary rights. Every time the User uploads or links to an audiovisual work in the Platform he/she declares that a) he/she is the legal owner or right holder of the copyright related to the audiovisual work he has added to the Platform, b) that he possesses all licenses necessary for the intended use, c) that he/she has the right to transfer economical or other related rights of third parties to the Company and d) that it does not include work or content that violates any third party rights (such as IPRs, data privacy or other) .
4.6. In case of Copyright or other infringement the User is liable for any liability of any type (civil, criminal etc) and is liable to fully compensate any harmed person for the total of the loss/damage. Indicatively (but not exhaustively) the User is liable to fully compensate all claims and demands that may be raised due to copyright or other legal issues related to the audiovisual work the User has added/posted/uploaded or in any other way viewed in or through the Platform. In addition the User will be fully liable to compensate and cover any damage and expenses of the Company in case a third party turns against the Company due to Users copyright or other third party legal rights violation. The present clause remains valid even in case of termination and erasure or deactivation of the User’s account for any reason whatsoever.
4.7. Users must refrain from posting any audiovisual work or any other Content that is illegal. Indicatively (but not exhaustively) the content must not be defamatory, libelous, vulgar, offensive, misleading, nationalist, violent, pornographic, or has other unlawful character or violate in any way other persons’ rights (personal data, personality, honour etc). Every User is exclusively liable for the content that he adds to the Platform. In case of infringement, the User is liable for any liability of any type (civil, criminal etc) and is liable to fully compensate any harmed person for the total of his loss/damage. More specifically the User is liable to fully compensate all claims and demands that may be raised due to claims caused as a result of User’s illegal actions described above which related to the video he has added/uploaded/viewed to the Platform. In addition the User will be fully liable to compensate and cover any damage and expenses of the Company in case a third party turns against the Company due to Users third party legal rights violation. The present clause remains valid even in case of termination and erasure or deactivation of the User’s account for any reason whatsoever.
The present clause continues to be valid even in case of termination of the User’s account.
4.8 User should take under consideration privacy risks regarding him/herself personally as well as third parties when he/she uploads Content in the Platform. User is reminded that uploading content about other individuals may impinge upon their privacy and data protection rights. In case the User uploads content that includes third party personal data, the User should receive previous consent of data subject and abstain from any action violating third party privacy rights. By accepting the present terms and conditions, the User declares that the User himself and not the company is responsible for the collection and the processing of the personal data contained in the content uploaded by User, that the content uploaded shall not violate third party privacy rights and that he/she has legitimately taken the consent of data subject whose data are included in the content. In addition the same applies In case the User tags third parties in content uploaded in the Platform. The Company is entitled (but not obliged) to ask for proofs of this consent at any time and the User is fully liable to inform the persons appearing on the video and receive the abovementioned legitimate consent.
4.9 Regardless of the technical tools and the sources used to add a User Generated Content in the Platform, the User shall proceed to all actions necessary at his own expenses and risk .
4.10. For the avoidance of any doubt, all provisions of article 4 apply to any kind of Content created and/or uploaded in the Platform by any User.
5.1 As also stated in clause 3.6. above, User’s registration to the Platform is free, personal and non transferable. However Platform Services can be provided with or without payment.
In specific the following are provisioned:
1). As per Registered Athletes:
As per Registered Professionals:
5.2. Any paid features and paid Services are provided on condition that User has prepaid the full amount applicable to the feature or Service. Partial payment is not allowed.
5.3. In case of subscription (monthly or yearly) all amounts are prepaid by User. Service is rendered throughout the subscription period. When subscription period expires then Service is terminated unless User prepays a new subscription at the price applicable at the time of the new payment. It is expressly noted that as month is calculated 30 days from payment and as year it is calculated as 365 days from payment.
5.4. Payment in advance is not related to the actual use of the Services by the User. User is not entitled to ask for refund of money paid in advance for a specific subscription period for any reason even if he/she does not use the Services paid. The same applies (non refund of money paid) even in case that User terminates/erases his/her User Profile. Amount paid is in that case deducted as penalty for early termination. Refund of the amount paid (partial related to the remaining subscription period) is only possible in case that Termination of User Profile is due to Company’s fraudulent actions or omissions in relation to the Services provided.
5.5. Payment is made via paypal. Users should have a paypal account under the terms and conditions applicable to Paypal. Payment is processed by Paypal and not the Company. All Paypal payment terms are applicable to all payments processed.
Company reserves its right to reject User’s request to receive Services in case there is any problem with the payment details or there is any indication that such a problem may occur in the future or the User had failed to meet his/her payment obligations in previous transactions with the Company.
5.6. Collection and processing of payment details is made only by Paypal being a third party electronic payment provider. Paypal is exclusively responsible for the processing of User’s personal data and for the completion of the payment. Company does not in any way interfere to the payment process and does not process or collect User’s payment personal data.
5.7. Users acknowledge that they use paypal at their own cost and risk and that the company bears no liability for the terms and conditions and the procedures of electronic payment through paypal.
6.1 User declares that he/she connects to the Website via providers and means of his/her own choice. By browsing or using the Platform the User is committed to act in a legal way without damaging Company’s reputation or taking advantage of it. User must not imply in any way any form of association, approval or seal of approval on Company’s part where none exists.
6.2. User shall not misuse this Website and Platform, hinder or interfere in any way to their operation or replace or modify its Content (but from his/her own Content). User is obliged not to commit or encourage a criminal offence, transmit or distribute viruses, or post any other malicious or technologically harmful material and should also abstain from committing any actions that can lead to unacceptable or extensive damage to the infrastructure or operation of the Platform. Furthermore, the User shall not use the Website and Platform in any offensive or obscene way.
6.3. In addition, User should not destroy or corrupt data, cause annoyance to other Users, violate any other person's proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as "spam", or attempt to influence the performance or functionality of any capacities of the Website and Platform or capacities accessed through this Website or Platform. Any breach of this provision shall constitute a criminal offence under Greek laws.
6.4. The Company shall report to the relevant law enforcement authorities any breach that comes to its attention and shall disclose User’s identity and other personal data under the conditions laid down in applicable legislation.
7.1. All the material of this Platform including videos, texts, photographs etc is provided “as is” thus any reliance the User places on the content uploaded to the Platform is strictly at his own exclusive risk. Company cannot guarantee that the use and technical capacities of the Platform and its functionalities (Technological Tool, Search Engine etc) will satisfy User’s needs or requests or that it will satisfy the purpose for which the User uses the Platform. To the maximum extent not prohibited by Greek law the Company as well as its contractors, collaborators and advertisers make no representations, promises or warranties of any kind, express or implied about the legitimacy, completeness, accuracy, suitability for a particular purpose with respect to the Platform or the information and content uploaded in general in the Platform, or the skills and performance of the Registered Athletes or any other information related to the Users. The Company takes no responsibility and expressly disclaims liability for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising directly or indirectly out of or in connection to User’s use of or inability to use of the Platform and the Content and data uploaded in it by the Users.
7.2. The Company excludes any liability for loss or damage that may be provoked by viruses or other harmful material or malicious attack that may cause damage to User’s property in general (either hardware, software, data or other proprietary material) due to User’s access to the Platform via ISPs of Users choice or the downloading of any content available in the Platform this that is due to force majeure (namely facts outside the control of the Company) or from Third Party Websites (in any case whatsoever).
7.3. Although every effort is made to secure the smooth and uninterrupted operation of the Platform as well as User’s access to it, the Company cannot be held liable if for any reason, including negligence, if Platform is temporarily unavailable due to technical or other issues beyond its control or for any loss or damage suffered as a result of the use of or access to, or inability to use or access the Platform or for any third’s party intervention causing problems or harm to the User’s data or property (content, software, hardware) for force majeure or unexpected events. The Company expressly disclaims liability for any delay due to reasons beyond its control.
7.4. The Company as intermediate Information Society Service Provider and more specifically as hosting Service Provider does not have a general obligation to monitor Content uploaded to the Platform, notwithstanding Notice and Take Down Process provisioned in clause 2.5.Each User is exclusively liable for the legitimacy and correctness of the Content uploaded.
7.5. The Company is not related to the Users in any other way apart from the one described in the present terms and cannot be considered as their representative or agent. It is explicitly noted that the Company is not part of any contract or any other type of legal or other relationship that could be created between the Users of the Platform. Users communicate with each others at their own risk and free will and with the understanding that all data and content uploaded in the Platform should be further checked by Users prior to entering into any type of relationship. For any problem or issue that may occur within such a relation between Users of the Platform, Users should not address to the Platform but directly to the User with whom the problem has occurred. The Company bears no liability for a problem that may occur within a framework of any type of relation created between Users of the Platform.
7.6. The Company and Platform can not guarantee the accuracy and the truth of the UGC uploaded on the Platform, the Search Engine results nor the fact that the results are fit for purpose and cover the demand of the search.
9.1. Company is the sole owner of intellectual property rights of the software necessary for the operation of this Platform (including the Search Engine, the Technological Tool etc -Company’s IPRs). Company and its collaborators reserve all rights (including intellectual property rights, trademarks and any other intellectual property right) related to Company’s IPRs. User is not allowed to copy in whole or in part, publish, handle, distribute, transfer, alter, store, re-publish, modify or otherwise reproduce, in any format, any part of the content or copies of the content of this Platform. User is not allowed to use any material included or accessed through the Platform in relation to any commercial activity without receiving the Company’s previous written permission. User may download and print the material of the Platform only for personal use. User’s limited license to access and use the Platform does not give him/her the right to use any trademarks included to the Platform (whose owners are either the Company or its collaborators or third parties). Furthermore, the User may not modify, translate, reverse engineer or create derivative works or any in other way violate the copyrights of the Company to the software related to the Company’s IPRs necessary.
9.2. Platform is at User’s disposal only for personal use under the grant of a limited license to access and make personal use of the Platform according to the present Terms and Conditions. This license does not allow User to alter in whole or in part uploaded Content (except Content created by the User himself). Given the personal character of the license granted to the User, the later should not resale or use for commercial purposes this Website or its content, videos, descriptions or photographs. User is not allowed to copy, duplicate, reproduce, sell, resell, or otherwise exploit the Platform or any part of it or of the uploaded content for any commercial purpose, to make any derivative use of this Platform or its content, or any use of data mining, robots, or similar data collection and extraction tools.
9.3. It is forbidden to frame or use framing techniques to any material included in the Website (indicatively trademark, photographs, videos, descriptions, text, page layout) without Company’s written permission.
9.4. In case of unauthorized use or use that violates the Terms and Conditions, the license granted by the Company ceases to exist.
9.5 The User is kindly asked to take under consideration that unless the contrary is expressly stated, all trademarks not owned by the Company, contained in the Platform are used in order to satisfy the operational purpose of the Platform. For this reason they should not be linked or associated with the Platform. The User is not allowed to use data gathering and extraction tools to extract and/or re-utilize parts of the material included or accessed through the Website without the written consent of the Company. Additionally, the User is not allowed to extract the whole or part of the material included in the Website to form his own database without the previous express written consent of Company.
The Company reserves the right to amend, update or upgrade at any time, without prior notice to the User of the Platform (wholly or partly): a) these Terms and Conditions in part or in whole, b) the exterior appearance (interface) in part or in whole, the structure or composition (configuration) of the Platform c) part or the whole of Platforms services and its technical features and specifications d) its pricing policy. The Company reserves also the right to limit or deny the access in part or in the entire Platform, deny the creation of an account, take down part of whole of a User’s content, or make available the Platform or parts of it by subscription or other monetization scheme. The Company also reserves the right at all times, without justification and without prior notice of the User to cancel, postpone or terminate the Platform’s operation. Access to this Platform is allowed on condition that the User abides by the present Terms and Conditions and the Company reserves the right to remove or change the Services without prior notice.
11.1.This Agreement represents the entire understanding between the Parties. Neither Party will be liable for any misstatement or misrepresentation whether made innocently or negligently however this clause does not restrict liability for misstatement or misrepresentation made fraudulently.
11.2. All disputes between the Company and the User on any issue that may occur because of or in connection with the use of the Platform or the Content included shall be governed by the Greek law. The parties expressly hereby agree that the Courts of Athens shall have the exclusive jurisdiction. The User declares and accepts as legal and lawful any bailiff or receipt of any judicial or extrajudicial order at the address you have declared as your address while registering in the Website.
11.3. If any term of the contract is held to be abusive or is invalid, this does not affect the other terms of the contract, which shall remain valid and binding to the parties (including any provision in which the Company excludes its liability towards the User). So far as possible where any clause/sub-clause or part of a clause/sub-clause can be taken into account separately to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, the User agrees that the clause shall be corrected and interpreted so as to closely resemble the original meaning of the clause /sub-clause as is permitted by law.
11.4. In no event will any delay, neglect or forbearance on the part of either party in enforcing (in whole or in part) any provision of this Agreement be or be deemed to be a waiver thereof or a waiver of any other provision or will in any way prejudice any right of that party under this Agreement.
11.5. All information included in Terms and Conditions are part of the contract executed between the User and the Company and do not change unless there is an explicit agreement between the contraction parties (such as exchange of emails).