Terms Of Use
Impressum
Athleague KLG
Postfach 303
1701 Fribourg
Switzerland
Athleague KLG is a company incorporated and registered under the laws of Switzerland.
To contact us by email:
These Terms of Use are effective on June 05, 2018.
By accessing or using the Athleague service and applications (mobile applications included) made available by Athleague (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Athleague KLG ("Athleague", "we", "us" or "our"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
There may be times when we offer a special, additional or/and new feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ATHLEAGUE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one or three; The seat of the arbitration shall be Zurich, Switzerland; The arbitral proceedings shall be conducted in English. Notwithstanding the above, the parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers' Arbitration Institution.
1. Basic Terms
1.1. You must be at least 13 years old to use the Service.
1.2. You are not allowed to post :
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violent
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nude
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partially nude
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discriminatory
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unlawful
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infringing
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hateful
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pornographic or sexually suggestive videos via the Service.
1.3. You are held responsible for any activity that occurs through your account and you agree you will not:
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transfer
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sell
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license or assign your account, followers, username or any account rights. Except people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Athleague prohibits the creation of.
1.4. You agree that you are not allowed to create an account for anyone except yourself.
1.5. You represent that all information you provide or provided to Athleague upon registration and at all other times will be:
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true and accurate
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current and complete
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you further agree to update your information as necessary to keep its accuracy and truth.
1.6. You agree that you will not:
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collect
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solicit
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and/or use the login credentials of other Athleague users.
1.7. You agree that you are responsible to keep your password secret and secure.
1.8. You agree that you must not:
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defame
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stalk
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bully
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abuse
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harass
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threaten
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impersonate and/or intimidate people or entities.
1.9. You agree that you must not post private or confidential information via the Service, including, without limitation:
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your or any other person's credit card information
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social security or alternate national identity numbers
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non-public phone numbers
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or non-public email addresses.
1.10. You are not allowed to use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, provincial and local) applicable to your use of the Service and your Content (which is defined below), including however not limited to, copyright laws.
1.11. You are solely responsible for any data and your conduct, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
1.12. You must not, modify, change, adapt and/or alter the Service and/or change, modify and/or alter another website so as to falsely imply that it is associated with the Service or Athleague.
1.13. You must not submit or create unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Athleague users or us.
1.14. Wihtout prior written consent of Athleague you must not use domain names or web URLs in your username.
1.15. You must not disrupt or interfere the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any Athleague page is rendered or displayed in a user's browser or device.
1.16. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an:
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automated device
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script
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spider
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bot
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crawler or scraper.
1.17. You must not encourage or facilitate violations of these Terms of Use or any other Athleague terms.
1.18. You must not attempt to restrict another user from enjoying or using the Service.
1.19. Violation of these Terms of Use may, in Athleague’s sole discretion, result in termination of your Athleague account. You understand and agree that Athleague will not and cannot be responsible for the Content posted on the Service. You use the Service at your own risk. Violations to the letter or spirit of these Terms of Use by you, or otherwise creations of risk or legal exposure for Athleague by you, can result in stopping to provide all or part of the Service to you by Athleague.
2. General Conditions
2.1. We reserve the right for modifying or terminating the Service or your access to the Service for any reason, at any time, without liability to you and without notice. In case we terminate your access to the Service your account, your videos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your videos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
2.2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately end.
2.3. In our sole discretion, we reserve the right, to change these Terms of Use ("Updated Terms") from time to time. We will provide advance notice before the Updated Terms become effective, unless we make a change or changes for legal or administrative reasons. By posting the Updated Terms on the Service you agree that we may notify you of them, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) substantiates your agreement to the Updated Terms.
2.4. You should review these Terms of Use and any Updated Terms before you use the Service. As of the time of using the Service, the Updated Terms will be effective, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes originating before the effective date of the Updated Terms.
2.5. Athleague reserves the right to deny access to the Service to anyone for any reason at any time.
2.6. Athleague reserves the right to force forfeiture of any username for any reason.
2.7. Athleague may, but have no obligation to remove, block, edit and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
2.8. You are solely accountable for your interaction with other users of the Service, whether online or offline. You agree that Athleague is not responsible or liable for the conduct of any user. Athleague reserves the right, but without obligation, to monitor or become involved in disputes between you and other users. You may exercise your best judgment as well as common sense when interacting with others, including when you submit or post Content or any personal or other information.
2.9. There may be links from the Service or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party web sites or features in videos, images or comments within the Service. The Service also includes third-party content that Athleague does not control, endorse or maintain. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including (but not limited to) applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Athleague does not control any of these third-party web services or any of their content. You agree and expressly acknowledge that Athleague is in no way responsible or liable for any such third-party services or features.
2.10. YOUR BUSINESS AND CORRESPONDENCE DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you agree and acknowledge to the following:
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if you use an Application to share information, you are consenting to information about your profile on the Service being shared
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your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Athleague has not provided such information itself
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and your use of an Application is at your own option and risk
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and you will hold the Athleague Parties that are defined below, harmless for activity related to the Application.
2.11. You agree that you are accountable and held responsible for all data charges you incur through use of the Service.
2.12. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and videos (except as may be the result of standard search engine protocols or technologies used by a search engine with Athleague´s express consent).
3. Rights
3.1. Content of any kind that you post on or through the Service Athleague does not claim ownership of it. Instead, you hereby grant to Athleague a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here, including but not limited to sections 3 ("How Your Information Is Shared") and 4 ("How We Store Your Information"). You can choose who can view your Content and activities, including your videos, as described in the Privacy Policy.
3.2. Some of the Service is supported by advertising revenue and may display advertisements and promotions. You hereby agree that Athleague may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3.3. You acknowledge that Athleague may not always identify paid services, sponsored content, or commercial communications as such.
3.4. You represent and warrant that:
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you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use
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the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights
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you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
3.5. The Service contains Content licensed or owned by Athleague ("Athleague Content"). Athleague’s Content is protected by trademark, copyright, patent, trade secret and other laws, and, as between you and Athleague, Athleague retains and owns all rights in the Athleague Content and the Service. You will not alter, remove or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Athleague Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, publish, display, distribute, broadcast, transmit, license, sell or otherwise exploit the Athleague Content.
3.6. The Athleague name and logo are trademarks of Athleague, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Athleague. In addition all custom graphics, page headers, scripts and button icons are service marks, trademarks and/or trade dress of Athleague, and may not be copied, imitated or used, in whole or in part, without prior written permission from Athleague.
3.7. Athleague has the intention for the Service to be available as much as possible, however there will be occasions when the Service may be interrupted, including, without limitation, for upgrades or scheduled maintenance, for emergency repairs, or due to failure of telecommunications links and/or equipment. Athleague also without prior notice, reserves the right to remove any Content from the Service for any reason. Content removed from the Service may continue to be stored by Athleague, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Athleague consequently encourages you to maintain your own backup of your Content. Because Athleague is not a backup service and you agree that you will not rely on the Service for the purposes of Content storage or backup. Athleague will not be liable to you for any suspension, modification or discontinuation of the Services, or the loss of any Content. You acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure as well.
3.8. You agree that Athleague is not responsible for, and does not endorse, Content posted within the Service. Athleague does not have any obligation to monitor, edit, prescreen or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
3.9. Except as otherwise described in the Service's Privacy Policy, available at https://www.athleague.com/privacy-policy, as between you and Athleague, any Content will be non-proprietary and non-confidential and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Athleague is not a fiduciary, confidential, or other type of special relationship, and that your decision to submit any Content does not place Athleague in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Athleague, and Athleague will not be liable or held responsible for any use or disclosure of any Content you provide.
3.10. It is Athleague's policy not to accept or consider content, suggestions information, ideas or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is for the avoidance of any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Athleague does not accept unsolicited ideas or materials, and does not take responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Athleague is free to use any such information, ideas, content, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
4. Reporting Copyright and Other IP Violations
4.1. We at Athleague respect other people's rights and expect you to do the same.
4.2. In case of you repeatedly infringing other people's intellectual property rights, we at Athleague will disable your account when appropriate.
5. Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ATHLEAGUE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ATHLEAGUE NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE " ATHLEAGUE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE ATHLEAGUE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ATHLEAGUE OR VIA THE SERVICE. IN ADDITION, THE ATHLEAGUE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE ATHLEAGUE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ATHLEAGUE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ATHLEAGUE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ATHLEAGUE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE ATHLEAGUE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
6. Limitation of Liability Waiver
UNDER NO CIRCUMSTANCES WILL THE ATHLEAGUE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE ATHLEAGUE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ATHLEAGUE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ATHLEAGUE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ATHLEAGUE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ATHLEAGUE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED SWISS FRANCS (CHF 100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY LOSSES, DAMAGES OR INJURIES THAT ARISE OUT OF ATHLEAGUE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE ATHLEAGUE PARTIES, AND YOU WILL HAVE NO RIGHTS TO RESTRAIN OR ENJOIN THE DEVELOPMENT, DISTRIBUTION, PRODUCTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ATHLEAGUE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNSUSPECTED OR UNKNOWN.
ATHLEAGUE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
7. Idemnification
You and also any third party for whom you operate an account or activity on the Service agree to defend (at Athleague’s request), indemnify and hold the Athleague Parties harmless from and against any claims, damages, liabilities, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, codes, regulations, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Athleague in the defense of any claim. Athleague reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Athleague.
8. Arbitration
Except if you opt-out or for disputes relating to: (1) your or Athleague’s intellectual property (such as trademarks, trade dress, domain names, copyrights, trade secrets and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Athleague (whether or not such dispute involves a third party) with regard to your relationship with Athleague, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Swiss Arbitration Association's rules for arbitration of consumer-related disputes and you and Athleague hereby expressly waive state jurisdiction. Neither you nor Athleague will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Athleague is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the Swiss Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Athleague or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Athleague can require the other to participate in an arbitration proceeding. To opt out, you must notify Athleague in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Athleague KLG, Postfach 303, 1701 Fribourg, Switzerland
You must include your name and residence address, the email address you use for your Athleague account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Athleague.
9. Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Athleague must be filed within one year after such claim arose; or, your claim is permanently barred.
10. Governing Law and Venue
These Terms of Use are governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Athleague exclusively in a cantonal or federal court located in Switzerland, and to submit to the personal jurisdiction of the courts located in Switzerland for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Athleague’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Athleague reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Athleague.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Athleague and governs your use of the Service, superseding any prior agreements between you and Athleague. You will not assign any rights or assign the Terms of Use or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Athleague. Any delegation or purported assignment by you without the appropriate prior written consent of Athleague will be void and null. Athleague may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
11. Entire Agreement
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Athleague to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, jurisdiction or geographic area at any time and in our sole discretion, and to limit the quantities of any content, product, program, service or other feature that Athleague provides.
Software related to or made available by the Service may be subject to Switzerlands export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which Switzerland has embargoed goods; or (b) to anyone on the State Secretariat for Economic Affairs lists of subjects of sanctions. By downloading any software related to the Service, you warrant and represent that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is June 05, 2018. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.