Terms of Use

This app is provided by Sports Talent Technology Holding BV, also referred to as we/us/our.

1. Signing up and using the app

1.1 You can download and install the app following the instructions given in the relevant app store and throughout the download and install process. You have to be 8 years or older to use the app and you will need to sign up so we can create your account. When you sign up for and use the app, you must carefully follow the given instructions and provide true and accurate information where requested. Your account will be created based on the input you provide.

1.2 Once your account is activated a user agreement comes into effect between you and us.

 

1.3 With your account you can use the app in accordance with the explanations and functionalities made available to you within the app. This is the normal use of the app, which is for your personal use only. Commercial use of the app is forbidden. We can amend the content and functionalities of the app on a day-to-day basis.

1.4 Whenever you use the app, you must use it responsibly and in line with applicable laws and regulations, without infringing any third party rights, including privacy and intellectual property rights, or causing damage in any way. It is also your responsibility to keep your account details up to date, choose a safe password and to use a secure device and internet connection. You are not allowed to use the app outside its normal use, such as for activities that disrupt the app, its integrity or functioning or to reverse engineer it.

1.5 Only the person that signed up for an account is allowed to use the app with that account. An exception applies if you are younger than 16 years of age. Then your parent or legal guardian must manage your consent settings through your account for the app. If you have a reason to believe that others have gained access to your account, please inform us immediately.. You can do so by contacting us at hello@escoutapp.com. We will take appropriate action accordingly.

2. The game

2.1 You can use the app, play the competition, and show your football skills and be noticed and scouted by other users. Anybody can be a scout, spotting talents and composing your own team of talents in the app. Please see the app and its tutorials for further explanation of the competition.

 

2.2 All users can earn stars or points, move to higher levels, be included in the rankings, win prizes, etcetera. As the app will have many users, we use a system that automatically calculates user performance and other results in the app, measured amongst other things by your game statistics, number of views, ratings and referrals, progress of your team, but also based on other elements such as your answers to quiz questions. Only users who win extra prices or users invited to events or football academies might be selected manually based on information from the app.

 

2.3 Also the video selection to shown is determined automatically, based on several elements such as location, friend connections and previous views, taking into account that the competition has rankings on team, friend, local and global level.

 

2.4 We set up these systems and calculations to make the competition and the app as fair, fun and interesting as possible. You accept how we set up these systems and calculations and you accept that this is fully to our own discretion, as is the allocation of prices, invitations and other results.

 

3. Your content in the app

3.1 You acknowledge and accept that (i) you are fully responsible and accountable for your own use of the app and your account, including the uploading of any content; (ii) we do not check and/or review uploaded user content; and (iii) we are not liable for any such content. If you are of the opinion that certain user content is unlawful, you can report this to us via the report button provided in the app. We will than review this specific content and act on it accordingly.

 

3.2 You acknowledge and accept that your uploaded videos can be viewed and rated by other registered users. All users must limit this use to what is allowed under these Terms of Use. We will follow up on every known misuse of the app in any way or form, but we cannot guarantee that all users will indeed stay within the limits of these Terms of Use.

 

3.3 With regard to (allegedly) infringing or otherwise unlawful user content or use of such content, we are entitled but not obliged to take any (legal) measures, including - but not limited to - providing the relevant user's personal data to third parties.

 

4. Intellectual property and license

4.1 All (intellectual and industrial) property rights in the app will at all times remain with us or our licensors. Users will have a license to use the app in line with their user agreement and these Terms of Use. You are not allowed to use the app to directly or indirectly develop competing products and/or services and you are not allowed to resell or resupply any part of the app or content, nor to use the app on behalf of any third party. The user’s license to use is non-exclusive and non-transferable. Any breach of this provision will be considered a material breach incapable of remedy.

 

4.2 User provides Sports Talent Technology Holding BV with a perpetual license to use the data and content he enters or uploads into the app for the provision of the app, and to share these with other users in as far as this follows from the interactive functionalities of the app. This means for example that you allow us to show your public profile information, videos and prices you won to other users in the app or via our social media. You also license these users to use that content in the context of their normal use of the app, so for scouting talent, giving ratings and playing the app game. Users may not use other user's’ information, images and videos for any other purpose or disseminate them in any way.

 

4.3 You also provide us with a license to publish aforementioned content on the Real Madrid eScout platform and social media. As far as this regards your personal data, your consent for this is requested in the signup process.

 

4.4 By uploading or otherwise including any data or content into the app, each user warrants that he/she is authorised and entitled to do so, and to provide the related licenses as described above. You indemnify Sports Talent Technology Holding BV accordingly.

5. Closing an account

5.1 An account and related user agreement will remain in effect until the account is closed in accordance with these Terms of Use. Deleting the app is not considered a close of account as every user can re-install the app and log in again.

5.2 You as a user can close your account at any moment and without giving a reason. If you want to permanently close your account, please contact us on forgetmydata@escoutapp.com, using the email account you registered with.

 

5.3 If a user does not comply with the user agreement or these Terms of Use, we can close his/her account with immediate effect.

 

5.4 On the moment the closing of the account is effective, we will irrevocably delete the full account and all personal data.

 

5.5 Closing an account will result in termination of the related user agreement, including any license granted to you under such user agreement. This termination comes into effect on the moment the account is effectively closed. After such termination, all provisions that by nature have post-contractual effect will remain in effect, such as the provisions on liability and indemnification. Furthermore, these Terms of Use remain applicable to any other use of the app (without account).

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6. Third parties

6.1 In the provision of the app and related services we may engage third parties such as partners, our affiliated entities within the eScout group, sponsors and suppliers.

 

6.2 The app may contain links or buttons to websites or other online environments of third parties. Such links are suggestions only. We have no influence on such third party environments and are not responsible or liable for what happens on such third party environments. Your visit and use of such environments will be governed by that third party’s own terms and conditions. We recommend you study the legal documents available in such third party environments.

7. Liability and indemnification

7.1 While we strive for maximum availability and functionality, we cannot guarantee that the app will always be available and will always work perfectly. We appreciate all your related feedback.

 

7.2 We exclude all liability for user activity through the app, such as uploading inappropriate videos or images to the app. We reserve the right to remove or amend user content from the app without notice and without incurring any liability in relation thereto.

 

7.3 We furthermore exclude all liability for any damage whatsoever, whether or not foreseen, direct, indirect, foreseeable, known or otherwise, including for any indirect, special or consequential damage or loss, which shall include loss of profits (whether actual or anticipated), revenues, income, anticipated savings, business, opportunity or goodwill. Insofar as we shall be held liable despite the foregoing, our liability will at all times be limited to an aggregated maximum of two hundred euros. Foregoing exclusion and limitation of liability shall not apply if damage is caused by gross negligence or wilful misconduct by Sports Talent Technology Holding BV.

 

7.4 To the extent all or some portion of the exclusion or limitation of liability is not valid under applicable law, liability is limited to the greatest extent permitted.

 

7.5 No party shall be obliged to perform any obligation if it is prevented from doing so by a situation of force majeure. "Force majeure" shall include but not be limited to strikes and lockout, war, cyber attacks, electricity or machine fall-out, interrupted telecommunicatifon facilities, as well as a situation of force majeure for our suppliers and any unavailability of an essential supplier’s services.

 

7.6 You will indemnify us against any loss, liability and cost arising out of any claim of infringement of intellectual property or other rights, as well as other third-party causes of action including enforcement actions by competent authorities, where such claim or cause of actions follows from your use of the app. This obligation to indemnify applies for Sports Talent Technology Holding BV as well as its affiliated entities, management, directors, employees, representatives and legal successors.

8. Applicability and conflicts

8.1 These Terms of Use apply to the user agreement and all use of the app while Dutch law applies to these Terms of Use, your use of the app and any user agreement.

 

8.2 Any conflict in relation to the app and user agreement, which cannot be solved amicably, will be exclusively submitted to the competent court in Amsterdam.

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9. Miscellaneous

9.1 We can amend these Terms of Use from time to time. If such amendments will significantly affect the rights and obligations of our users, we will inform our users accordingly. If you object to such amendment, you will have two months to close your account and delete the app. After that period the amended Terms of Use will come into effect, replacing the earlier Terms of Use.

 

9.2 If any provision of the user agreement or these Terms of Use is held to be invalid under any applicable law or regulation, that invalidity will not affect the rest of the user agreement or Terms of Use, which will remain valid and enforceable. We are entitled to replace such void and/or invalid provision (with regard to the specific user or specific situation) by provisions that are valid and of which the legal consequences, in view of the contents and object of these Terms of Use, are as much as possible in line with the invalid provision.

 

9.3 The app, these Terms of Use and the user agreement are currently available in English and Spanish. You can also consult the app for available languages.

 

9.4 We process personal data in accordance with our Privacy Policy (footscout.com/privacy).

10. Terminology

10.1 App: the Real Madrid eScout app including all its content and underlying software, accounts and any of its functionalities.

10.2 Account: account for the app.

 

10.3 Public profile: your first name, profile photo, country of origin and age.

 

10.4 Real Madrid eScout Platform: the app itself, the Real Madrid eScout websites and social media channels including our Facebook page, Instagram, Twitter and YouTube channel.

 

10.5 User: the individual having an account, also referred to as ‘you’ in the relevant sections of these Terms of Use.

 

10.6 User agreement: the agreement between user and Sports Talent Technology B.V. for the use of the app, subject to and incorporating these Terms of Use.

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11. Contact and details

11.1 You can reach us by email on contact@escoutapp.com, or use the contact form on www.escoutapp.com.

11.2 Whenever we send you an email, we will use the email address as registered in your account on that moment.

11.3 Sports Talent technology Holding BV
J.A.L.J. van Meertenstraat 5
4194 WK Meteren
The Netherlands
Chamber of Commerce registration number: 67046320
VAT number 856807692B01

 

Last update: 22 Sept 2018