Last revised 22 February 2023
This is a Terms of Service Agreement (the “Agreement”) for a software-as-a-service (the “Platform”) provided by Playerbank OÜ (the “Playerbank”, “Company”, “us”, “we”), with registry code 16669780, established and existing under the laws of Estonia.
Playerbank reserves the right to change this Agreement at any time. This may be done 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 is the version that applies.
Playerbank will notify you at least 30 days in advance of the changes (unless unable to do so under applicable law) by reasonable means, which could include notification through the Platform or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
The Platform is a mobile and web based application, which helps to connect professional athletes to clubs and agencies. In addition, the Platform provides agencies with tools and features to help them manage their portfolio and players.
The Platform is available to professional athletes, clubs and agencies.
The Users are people who have created accounts within the Platform. The Users are divided into professional athletes (the “Player”) and legal entities (the “Organisation”) like clubs and agencies.
By creating a Platform account, whether through a mobile device, mobile application or computer, User agrees to be bound by this Agreement.
If the User does not accept and agree to be bound by all of the terms of this Agreement, the User can not use the Platform.
In order to use the Platform, User is required to register an account and log in. User is responsible for maintaining the confidentiality of the login credentials used to sign up for the Platform, and is solely responsible for all activities that occur under those credentials. If a user thinks that someone has gained access to their account, they are required to immediately contact Playerbank at firstname.lastname@example.org.
Playerbank grants User a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable licence to access and use the Playerbank Platform. This licence is for the sole purpose of letting you use and enjoy the Platform benefits as intended by Playerbank and permitted by this Agreement.
User agrees to:
use the Platform or any content contained in the Platform for any commercial purposes without Playerbank prior written consent;
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 Platform without Playerbank prior written consent;
express or imply that any statements you make are endorsed by Playerbank or Platform;
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
use the Platform in any way that could interfere with, disrupt or negatively affect the Platform or the servers or networks connected to the Platform;
upload viruses or other malicious code or otherwise compromise the security of the Platform;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Platform;
“frame” or “mirror” any part of the Platform without Playerbank prior written consent;
use meta tags or code or other devices containing any reference to Playerbank or the Platform (or any trademark, trade name, service mark, logo or slogan of Playerbank) 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 Platform, or cause others to do so;
use or develop any third-party applications that interact with the Platform or other members’ content or information without Playerbank prior written consent;
use, access, or publish the Platform application programming interface without Playerbank prior written consent;
probe, scan or test the vulnerability of our Platform or any system or network;
encourage or promote any activity that violates this Agreement.
TERMINATION AND DELETION OF ACCOUNT
These Terms of Service shall remain in effect until terminated as set forth herein.
Playerbank has a right to cancel the Platform access and terminate the relationship at any time for any reason. Upon cancellation, the access and data stored in the Platform shall be available until the end of the cancellation month.
Playerbank has the right to cancel the Platform access and terminate the relationship with immediate effect, by deleting your account, if you:
have provided morally inappropriate, fraudulent, misleading or inaccurate information;
are not eligible or authorised to use Platform;
have materially violated any requirement stipulated in this Agreement and have not remedied such violation (provided a remedy is possible and reasonable according to Playerbank opinion) within the term given by Playerbank;
have provided false information or requested any other User to provide false information for the purpose of hiding the match made and avoiding the payment of service fee;
Platform and any content, or services or features made available in conjunction with or through the Platform is provided “as is” and “as available” without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties. We do not provide any guarantees to you regarding the Platform. In particular, we shall not be responsible for the following:
any interruption, discontinuance, suspension or other type of unavailability of the Platform;
any interruption or cessation of transmission to or from the Platform;
any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Platform;
deletion of, corruption of, or failure to store any content or data;
the incompatibility of technologies used for accessing the Platform.
any third-party content, websites, or services that may be accessed through the Platform. Playerbank is not responsible for the availability, accuracy, or content of such third-party content, websites, or services.
Playerbank is not part of any User contract nor bears liability for legal relations created by the Player and the Organisation as a result of using the Platform. The terms of any contractual arrangements shall be negotiated and agreed upon between the Player and the Organisation directly.
Playerbank does its best efforts to make information provided by Users accurate, but does not warrant, represent or guarantee that the information is actually true and accurate. Nor does Playerbank warrant that any Player found via Platform is suitable for the Organisation.
User interactions with other Users on or off of the Playerbank Platform. Playerbank does not conduct criminal background checks on its Users or otherwise inquire into the background of its Users.
This Agreement and any rights or claims arising out of or in connection with this Agreement (including any non-contractual claims) shall be governed by the substantive law of Estonia without giving effect to any conflicts of law rules.
Any dispute, controversy or claim arising out of or in connection with this Agreement shall be subject to jurisdiction of Harju County Court (in Estonian: Harju Maakohus) in Estonia as the court of first instance.