Article 1. Use of the service
1.1. With the Service you have the possibility to publish a profile of yourself, have discussions and get in touch with other users. Mingle Sport B.V. does not mediate the actual making of contact, but does supervise the appropriate and legal use of the Service.
1.2. In order to use the Service, you must first register. After your registration is completed, you can immediately log into your account and use the Service.
1.3. The Services are intended only for individuals who are 13 years of age or older. If you are under the legal age to form a binding contract you represent that your parent or legal guardian has verified and agreed to these Terms on your behalf.
1.4. You must protect access to your account with a username and password from unauthorized people. In particular, you must keep the password strictly confidential. Mingle Sport B.V. may assume that everything that happens from your account after login with your user name and password, happens under your direction and supervision. You are therefore liable for all such actions, unless you have reported to Mingle Sport B.V. that someone else knows your password.
1.5. You agree to: (a) provide true, accurate, current and complete information about yourself ("Player data") and (b) maintain and update the Player data. You agree that Mingle Sport B.V. may use your Player data to provide Services that you access or use. If you share Player data that is inaccurate or not current, or Mingle Sport B.V. has reasonable grounds to suspect that the Player data is inaccurate or not current, Mingle Sport B.V. has the right to suspend or terminate your account and refuse current or future use of the Services.
1.6. However, we cannot guarantee absolute security of your account, your Content (defined below) or the personal information you provide, we cannot promise that our security measures will prevent external hackers from illegally accessing the Services or its Content. You agree to immediately notify Mingle Sports B.V. of any unauthorized use of your account or password, or any other breach of security, and you confirm that you understand all risks of unauthorized access to Player data and any other information or content you provide to Mingle Sports B.V.
1.7. Mingle Sport Applications will process your personal data. You consent to all forms of processing that fall within the scope of the Service. Please refer to Mingle Sport B.V.'s privacy statement for more information.
Article 2. Rules of Use
2.1. It is prohibited to use Mingle Sport Applications for actions that violate Dutch or other applicable laws and regulations. This includes, but is not limited to, storing or distributing through the service information that is libellous, defamatory or racist, as well as creating profiles under another person's name or otherwise impersonating another person, or an administrator/moderator of the Mingle Sport Applications.
2.2. In addition, it is prohibited on the Mingle Sport Applications:
- Use indecent language;
- Distribute information that is pornographic or erotic (even if it is legal in itself);
- Distribute information that violates copyright laws, or provide hyperlinks to such information;
- Assist others in violating the rights of third parties, such as by linking to hacking tools or explanations of computer crime that are apparently intended to enable the reader to commit (or cause to be committed) the described criminal behavior and not to be able to defend themselves against it;
- Violate the privacy of third parties, for example by distributing personal data of third parties without permission or necessity or by repeatedly harassing third parties with communications they do not want;
- Use it for commercial purposes;
- And to do anything that is against netiquette. And anything that is against the Mingle community guidelines.
2.3. If Mingle Sport B.V. finds that you are violating the above Terms and Conditions, or receives a complaint about it, Mingle Sport B.V. may intervene on its own to terminate the violation.
2.4. Termination - If Mingle Sport B.V. finds that you are violating the Terms, or receives a complaint about it, Mingle Sport B.V. may itself delete the account. You agree that under certain circumstances and without prior notice, Mingle Sport B.V. may immediately suspend or terminate your account and/or access to the Services. Reason for such suspension or termination includes, but is not limited to, (a) violations or breaches of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Services (or any part thereof), (e) unexpected technical or security problems or issues, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) removal of your information, files and Content associated with your account, and (z) blocking of further use of the Services. Further, you agree that all suspensions or terminations for cause will be made in Mingle Sport B.V.'s sole discretion and that Mingle Sport B.V. will not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following sections will remain in effect after termination of your account and/or the Terms: Article 2,4,5,6,9.
2.5. If in the opinion of Mingle Sport B.V. any hindrance, damage or other danger occurs to the functioning of the computer systems or the network of Mingle Sport B.V. or third parties and/or the services via the internet, in particular due to the excessive sending of e-mail or other data, leaks of personal data or activities of viruses, Trojans and similar software, Mingle Sport B.V. is entitled to take all measures which it reasonably considers necessary to avert or prevent this danger. In doing so, Mingle Sport B.V. is particularly entitled to modify your contributions as it sees fit.
2.6. Mingle Sport BV is at all times entitled to report any observed criminal offence.
2.7. Mingle Sport B.V. may recover from you any damages resulting from violations of these rules of conduct. You will indemnify Mingle Sport B.V. against any claims by third parties in connection with information posted by you.
2.8. You understand that you, and not Mingle Sport B.V., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services. Mingle Sport B.V. does not routinely screen or monitor Content posted by others on the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Mingle Sport B.V. may, in its sole discretion, screen, monitor, hide, refuse or remove content, or remove content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. In no event shall Mingle Sport B.V. be liable for any content, including, but not limited to, errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of content made available on the Services. You agree to bear all risks associated with the use of Content available in connection with the Services, including any reliance on the accuracy, completeness or usefulness of such Content.
Article 3. Availability and maintenance
3.1. Mingle Sport B.V. makes no statements whatsoever regarding availability of the Services.
3.2. Mingle Sport B.V. actively maintains the Mingle Sport Applications. Maintenance may take place at any time, even if this may lead to a limitation of availability. Maintenance will be announced in advance if possible.
3.3. Mingle Sport B.V. may modify the functionality of Mingle Sport from time to time. In doing so, your feedback and suggestions are welcome, but ultimately Mingle Sport B.V. decides which changes it will or will not make.
Article 4. Intellectual property
4.1. The Services, the associated software as well as all information and images on the website are the intellectual property of Mingle Sport B.V. These may not be copied or used in any way without separate written permission from Mingle Sport B.V., except in cases where this is permitted by law.
4.2. Information you publish or store through the Service is and remains your property. Mingle Sport B.V. has a right of use to use this information for the Service and everything related to it, including advertising about the Service.
4.3. The right of use from the previous paragraph is given for an indefinite period of time and cannot be withdrawn. The right of use shall continue after termination of the agreement. In exceptional cases where there is a compelling interest against continued use of the information, Mingle Sport B.V. may decide to modify or remove it.
4.4. It is not possible to modify or remove information after it has been posted, other than what the functionality allows you to do.
4.5. If you send information to Mingle Sport B.V., for example feedback about an error or a suggestion for improvement, you give her an unlimited and perpetual right of use of this information for the service. This does not apply to information you expressly mark as confidential.
4.6. Mingle Sport B.V. will not become aware of any private information that you store and/or disseminate through Mingle Sport Applications, unless this is necessary for the proper provision of services or Mingle Sport B.V. is required to do so pursuant to a legal provision or court order. In that case, Mingle Sport B.V. will endeavour to limit the access to the data as much as possible, to the extent that this is within its power.
4.7. If Mingle Sport B.V. discovers that your contributions have been copied by third party sites in combination with contributions from others, Mingle Sport B.V. is authorized to take legal action in its own name or on your behalf against this. All costs involved are for Mingle Sport B.V. but you must cooperate if necessary. This clause does not prohibit you from publishing your contribution elsewhere, it is only about being able to take action against the takeover of (substantially) all contributions of the Mingle Sport Applications.
4.8. You authorize us to use your profile name, profile picture and information about your activities and actions taken, including your use of third party products, services or devices, in advertisements, offers and other commercial contexts on the Mingle Sport B.V. service without compensation to you.
4.9. The term Mingle Sport B.V., the Mingle Sport B.V. logo and other Mingle Sport B.V. logos and product and service names are exclusive trademarks not to be used or displayed in any manner without the prior written consent of Mingle Sport B.V. All third party trademarks or service marks displayed on Services are the property of their respective owners.
4.10. Mingle Sport B.V. also adjudicates claims of trademark infringement. If you believe in good faith that material hosted by Mingle Sport B.V. infringes your copyright or trademark rights, you (or your agent) may send us a notice requesting that we remove or disable access to the material. The notice must contain the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work or trademark that is claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works);
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Mingle Sport B.V. able to locate the material on the Services;
(d) The name, address, telephone number, and email address (if available) of the complaining party;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that Mingle Sport B.V. does not respond to complaints that do not meet these requirements. If Mingle Sport B.V. determines that the material that is claimed to infringe your copyright or trademark rights does not need to be removed, Mingle Sport B.V. will only remove such material pursuant to a court order declaring the content or use of the material to be unlawful.
Article 5. Compensation for service
5.1. Mingle Sport Applications are offered to you completely free of charge for the time being.
Article 6. Liability
6.1. Except in the case of intent or gross negligence Mingle Sport B.V. accepts no liability for the use of the service.
6.2. Mingle Sport B.V. is explicitly not liable for indirect damages, consequential damages, lost profits, lost savings and damage due to business stagnation.
6.3. A condition for the existence of any right to compensation is that you report the damage in writing to Mingle Sport B.V. within two months after discovery.
6.4. In the event of force majeure Mingle Sport B.V. is not obliged to compensate for any damage. Force majeure includes, but is not limited to, internet or telecommunications failures, power failures, civil unrest, mobilization, war, traffic congestion, strikes, lockouts, business interruptions, stagnation in supply, fire and flooding.
6.5. The Services act as a place to connect players in a virtual information pool. As a neutral facilitator, Mingle Sport B.V. is not directly involved in the actual interactions between players using the Services. As a result, Mingle Sport B.V. has no control over the truth, accuracy, quality, legality or security of messages made by players using the Services. Mingle Sport B.V. is not responsible for confirming the identity of players. Mingle sport B.V. is also not responsible for confirming or verifying the qualifications, background or abilities of players using the Services. You should use common sense at all times when dealing with a player using the Services.
6.6. We reserve the right to revoke or transfer ownership of Clubs, remove content, remove a Club's verified status and badge, and remove a Club at any time. If you request a transfer of ownership of a club, Mingle Sport B.V. may ask you for certain documentation. When you as a player or partner/team create a club on Mingle Sport B.V., you are responsible for ensuring that your club:
(a) Adhere to these Terms of Service and our Community Standards;
(b) Does not claim or suggest any affiliation with Mingle Sports B.V., whether or not by using Mingle Sport B.V. intellectual property;
(c) Has the right to use or post any club content, whether or not from third parties, including usage rights for name(s), logo(s), images, trademarks, trade dress, service marks, copyrights or other intellectual property. Club owners hereby agree to indemnify and hold Mingle Sport B.V. harmless from any and all claims arising from your club, including but not limited to claims of intellectual property infringement.
Article 7. Duration and cancellation
7.1. This agreement commences as soon as you make use of the service for the first time and will then continue for an indefinite period.
7.2. If you enter into the agreement as a consumer, you can terminate the agreement at any time with a notice period of one month, calculated from the time of termination.
7.3. Mingle Sport B.V. may terminate the agreement if you have not used the service for eighteen months. In that case it will first send a reminder email to the email address that is linked to your account.
Article 8. Changes to prices and conditions
8.1. Mingle Sport B.V. may change these Terms and Conditions as well as the prices at any time.
8.2. Mingle Sport B.V. will announce the changes or additions at least thirty days before they come into effect via the service so that you can take note of them.
8.3. If you do not wish to accept a change or addition, you may terminate the agreement or terminate your account up to the date of entry into force. Use of the service after the date of entry into force shall be deemed to constitute acceptance of the amended or supplemented Terms and Conditions.
Article 9. Other provisions
9.1. This agreement is governed by Dutch law.
9.2. To the extent not otherwise required by mandatory law, all disputes regarding Mingle Sport Applications will be submitted to the competent Dutch court for the district in which Mingle Sport B.V. is located.
9.3. If a provision in these Terms and Conditions requires that a communication must be made "in writing", this will also be the case if the communication is made by e-mail or communication via the service, provided that it is sufficiently clear that the message actually originates from the alleged sender and that the integrity of the message has not been compromised.
9.4. The version of communication or information as stored by Mingle Sport B.V. is deemed to be correct, unless you provide evidence to the contrary.
9.5. If any provision in these Conditions proves to be invalid, this shall not affect the validity of the entire Conditions. The parties shall in that case lay down (a) new provision(s) by way of replacement, which will give shape to the intention of the original provision to the greatest extent possible under the law.
9.6. Mingle Sport B.V. is entitled to transfer its rights and obligations under the agreement to a third party who will take over Mingle Sport applications or the business concerned.
Questions or help needed? We answer all questions related to the Services and these Terms at [email protected].