General conditions and terms of use

This Website «https://possessionfootball.com/» and Web platform «https://members.cruyfffootball.com/» is operated by POSSESSION FOOTBALL, S.L. (hereinafter POSSESSION FOOTBALL) with Tax ID number (NIF) ESB67165035 and registered office in Cardedeu, Barcelona (Spain), Calle Doctor Ferrán, 14, P.1, Pta. 2, 08440, and registered in the Companies Registry of Barcelona, on March 2nd, 2018, Volume 46300, Folio 221, Page B 515803, Entry 1.

1. PURPOSE AND SCOPE

These General Conditions and Terms of Use (hereinafter, “the Conditions”) regulate the access, browsing and use of the Website and the Services offered by POSSESSION FOOTBALL, as well as the responsibilities derived from contracting said Services.

The Services offered by POSSESSION FOOTBALL will be executed through the software to be accessed at «https://members.cruyfffootball.com/» (hereinafter, “the Platform”), whose rights belong exclusively to POSSESSION FOOTBALL. Access or mere use of the Website or Platform by the User shall be understood as full acceptance of the Conditions published by POSSESSION FOOTBALL at the time of access. If the User does not accept the published Conditions or has any objection to them, they must not use the Platform.

Some of the Services offered by POSSESSION FOOTBALL may be subject to Specific Conditions that regulate the use and/or specific contracting in question. Before using and/or contracting these Services, the User must read carefully the corresponding Contracting Conditions created for this purpose. Access or the mere use of such Services implies the acceptance of the Specific Conditions that regulate them and that are published at the time at which they are accessed.

Finally, with regards to the collection and use of personal data, the provisions of the Privacy Policy section shall apply.

2. DEFINITIONS

General conditions: Conditions of use that any User must accept and agree to in order to acquire the right to provide the Service to which they refer.

Content(s): any texts, tutorials, exercise sheets, activities, images, photographs, audio, video, training material, etc. that are accessible through the Platform.

Password: Code, made up of alphanumeric characters and/or symbols, which is used, together with a Username, to access the Platform.

Username: Set of alphanumeric characters used to identify a User in order to grant them access to the Platform.

Platform: Specific service through which Users can access, the via internet, and by entering a username and password, the POSSESSION FOOTBALL content platform.

Services: The services that POSSESSION FOOTBALL provides to the Users consist of access to the Platform where they will find all the contents.

Website: POSSESSION FOOTBALL website through which the Services described herein are provided and which is available through the link https://members.cruyfffootball.com

Linked Third Party: A Linked Third Party is understood to be the User who lawfully accesses, within the limits established in these Conditions of Use, the Contents of the Platform or, where applicable, any services offered to Users when contracting Services. Only natural persons (in no case legal persons) may have the status of Linked Third Party. In particular, the term refers to the pupils of coaches or players who have access to this platform, if necessary.

User: Any natural or legal person who, after agreement and acceptance of the Conditions of Use set forth herein, provides all personal data and documentation that is required or may be required for this purpose and, after the corresponding acceptance by POSSESSION FOOTBALL, is empowered to legally access the Services offered by it, so that it is authorised to access, browse and use the Contents of the Platform.

In particular, the User will be understood as those clubs and/or coaches (individually) who have contracted the Services offered by POSSESSION FOOTBALL.

Website visitor: Any person who accesses the website and browses the open content displayed on the website without being a User of the Service.

3. USE OF THE WEBSITE AND PLATFORM

POSSESSION FOOTBALL is the creator and owner of the software to be accessed (the Platform). POSSESSION FOOTBALL holds all the Intellectual and Industrial Property rights exclusively over the Website and the Platform, claiming to be the owner, licensee or legitimate user of the Content included therein.

IT IS PROHIBITED TO CARRY OUT ANY ACT OF EXPLOITATION OF ALL OR PART OF THE ELEMENTS INTEGRATED IN THE WEBSITE AND/OR PLATFORM WITHOUT THE PRIOR WRITTEN CONSENT OF POSSESSION FOOTBALL. This is without prejudice to the uses allowed to Users of the services offered by POSSESSION FOOTBALL.

The User will respond to POSSESSION FOOTBALL, holding it harmless, from any claim (judicial, extrajudicial, administrative or of any kind) resulting from the violation by the User of obligations in the field of intellectual or industrial property or publication of material that could be considered inappropriate. In case of notice of any infringement of this nature, POSSESSION FOOTBALL will contact the User immediately requiring them to remove the content from the Platform which is considered inappropriate or which could violate the rights of third parties. Any violation of these obligations will also result in a serious breach of the Agreement, which will entitle POSSESSION FOOTBALL to terminate the Agreement.

4. USER SERVICES

Through the Services offered on the Website, POSSESSION FOOTBALL makes available to the User, through the Platform, a repository of training content resources, aimed at football team coaches and/or players. Access to the Platform includes access to the Contents that make up the Platform, all of which are intended for use by Users for training purposes.

5. ACCESS TO THE PLATFORM: CONTRACTING PROCEDURE

Access to the Services by the Users is subject to the prior contracting and payment of an amount of money in the form determined by POSSESSION FOOTBALL. Minors are not allowed to contract the Services.

The User must have a device (terminal/PC/Tablet/mobile phone…) that has a compatible operating system, as well as access and a secure connection to the Internet, the cost of which will be assumed by the User with the telephone provider they have chosen. POSSESSION FOOTBALL hereby informs that the contents are optimised for viewing via PC or tablet.

To access or use the Platform, the User must be registered on it, filling in the fields that are required in the corresponding Form, to create their own Account.

To register, the User must generate a Username and a Password that will be personal, confidential and non-transferable. They will be obliged not to share these with third parties. The User must also provide a valid email address, through which communications and/or notifications regarding the Services can be established. Once the Platform has been accessed for the first time, it is recommended that the password is changed in order to ensure greater security.

The Services provided to the User through the Account created will be personal and non-transferable. Any assignment, transfer, sublicensing, etc., of the rights conferred by POSSESSION FOOTBALL to the User is therefore forbidden. By registering, it will be understood that the User has totally accepted these Conditions of Use of the Service, as well as the Privacy Policy.

In the event that the Services have been contracted by an Entity (for example, a Club) that has acquired a certain number of users (whose number is specified in the Service Provision Agreement linked to these Conditions), POSSESSION FOOTBALL will provide said number of users and passwords, and said Entity shall be solely liable vis-à-vis POSSESSION FOOTBALL for any actions, uses contrary to the Conditions specified herein, etc., that Users and Linked Third Parties may carry out in relation to the Platform.

Guarantees provided by the User:

• By registering, the User guarantees to be of legal age and to have full capacity to act. In addition, in the case of signing contracts on behalf of a legal entity or a third party, the User guarantees POSSESSION FOOTBALL that it has sufficient power of representation to enter into contracts in accordance with the applicable legislation in force at any given time.
• Likewise, the User guarantees and responds to POSSESSION FOOTBALL and/or any authority, confirming that all registration data are true, accurate, complete and up to date. To this end, the User is obliged to notify POSSESSION FOOTBALL of any changes to this data.
• The User is solely liable for the use of their Account. In the event of any loss or improper use of the Username and/or Password, the User must immediately change the latter within a maximum period of twenty-four (24) hours from the time they became aware of it. If the User does not make this modification within the established period of time, they will be solely liable for the damages caused as a result of the non-consensual or improper use of their Account, whether vis-à-vis POSSESSION FOOTBALL or any other third party.
• The User acknowledges and accepts that under no circumstances will POSSESSION FOOTBALL be liable for the acts or omissions of the Users or the Third Parties whether or not they are Linked, including any damages and injuries derived from such acts or omissions.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

All Intellectual and Industrial Property rights on the Platform belong exclusively to POSSESSION FOOTBALL. This intellectual property also covers the software, its source code and the structure of its database. Likewise, POSSESSION FOOTBALL is the owner of all the industrial property rights over the distinctive signs included in the Platform or in the materials generated by it.
Acceptance of these Conditions does not imply the transfer of any type of right over the Platform, its contents, tools, materials or distinctive signs. Thus, apart from the actions expressly permitted, the User may not without the prior and express authorisation of POSSESSION FOOTBALL reproduce (by any means, physical or digital), distribute through any means, communicate publicly, make available to the public or transform (including but not limited to any translations, adaptations, modifications, etc.) in any way all or part of the Platform.

The User will respond to POSSESSION FOOTBALL, keeping it harmless, from any claim, judicial, extrajudicial, administrative, or any kind of which POSSESSION FOOTBALL could be a recipient as a result of the violation of the obligations assumed in this clause. In this regard, the User agrees to compensate POSSESSION FOOTBALL for any damages that, directly or indirectly, such unauthorised use by users may cause. Any violation of these obligations by the User will also result in a serious breach of the Conditions which will entitle POSSESSION FOOTBALL to terminate the Service Agreement linked to these Conditions.

7. AUTHORISED USES OF THE PLATFORM:

7.1. General provisions regarding the use of the Content offered by POSSESSION FOOTBALL

Once the registration has been properly completed, the Users will be able to access through the Platform the available contents in the terms allowed by these Conditions.

POSSESSION FOOTBALL AUTHORISES THE USER, ON A NON-EXCLUSIVE BASIS AND ONLY FOR AS LONG AS THEIR ACCOUNT REMAINS ACTIVE, TO REPRODUCE, DISTRIBUTE AND PUBLICLY COMMUNICATE (WITHOUT MAKING IT AVAILABLE) THE CONTENT AVAILABLE ON THE PLATFORM EXCLUSIVELY TO THE LINKED THIRD PARTIES AND ONLY FOR TRAINING PURPOSES.

In the event that the Contents of the Platform are displayed or distributed to Third Parties, the User agrees to transfer to them the obligations and responsibilities arising from these Conditions. The User shall be solely liable to POSSESSION FOOTBALL for the uses made by the Linked Third Parties of such Content, and shall indemnify POSSESSION FOOTBALL.

Apart from the cases provided for in the previous paragraph, the rights conferred on the User are non-transferable, meaning that the User may not assign them either totally or partially without the prior express written consent of POSSESSION FOOTBALL.

7.2. Content generated by the User

The Users may generate their own content (such as videos) resulting from their training with POSSESSION FOOTBALL and offer it to this company for publication on the website https://members.cruyfffootball.com

In these cases, the User authorises POSSESSION FOOTBALL to use of such files or content (including their reproduction, distribution and access to the public through any form of public communication), through digital or electronic media, and all audiovisual and/or graphic media that already exists or that may be created in the future, such as (but not limited to): POSSESSION FOOTBALL’s web pages, Internet broadcasting on YouTube, Facebook, Twitter, Instagram and any other POSSESSION FOOTBALL social networks. This authorisation is granted for the entire world and for the duration of the Service Provision Agreement.

The Content generated by the Users will be the exclusive responsibility of the User, exempting POSSESSION FOOTBALL from any damage or harm that the use of such content may cause, directly or indirectly, to any third party, as well as from the inaccuracies, omissions, incorrectness, etc. thereof.

In any case, the Contents generated by the Users will have to meet the requirements established in these Conditions, as well as to respect the legislation of Intellectual and Industrial Property in force at any moment. In the event that any User uploads content (e.g., photographs or video), it shall be their sole responsibility to have the appropriate authorisations for this purpose, including consents and authorisations relating to image rights of individuals, whether they are adults or minors.

8. EXPRESSLY PROHIBITED USES

Since the only permitted use of the Contents is for training purposes, the following, among others, is expressly prohibited:

• Use the Contents or the rights conferred by them as their own.
• Outside the uses authorised by POSSESSION FOOTBALL to the Users, to reproduce, distribute, allow access to the public through any means of public communication, transform or modify the Contents, unless they have the authorisation of the owner of the corresponding rights or express legal provision that authorises it.
• Use the Contents to create any Industrial Property Rights such as brands, commercial names or any others susceptible of protection.
• Use the Content in a manner that competes with the Services offered by POSSESSION FOOTBALL.
• Use the Contents or any information derived from them, as well as any information obtained from the Website or the Platform, to send advertising or any other communications or commercial purposes.
• The downloading of Content and making it available to third parties, whether free of charge or for a fee.
• Allow access to the Contents to third parties other than the Linked Third Parties for their use, whether private, public, for profit or free.
• Rent, sell, donate, transfer or any other act of transmission of the Contents to any other person.
• Make any use of the Content contrary to the law, morality or public order, or any other use that could damage the rights of any kind held by the owners of the Content or any person who appears in it.
• Any other use for purposes other than those expressly detailed in these Conditions and, in particular, any use for purposes other than training.
• In particular, any use that could violate the rights of Intellectual Property or Industry Content, or any other rights of third parties outside the Services or the Platform.

THE CARRYING OUT OF ANY OF THE PROHIBITED USES, OR USES WHICH ARE NOT EXPRESSLY PERMITTED, WILL BE SUFFICIENT REASON FOR POSSESSION FOOTBALL TO CANCEL THE REGISTRATION, AUTOMATICALLY, IMMEDIATELY AND WITHOUT PRIOR NOTICE, WITHOUT THE OFFENDING USER HAVING THE RIGHT TO A REFUND OF THE AMOUNTS ALREADY PAID AND, THEREFORE, WITHOUT THE RIGHT TO ANY COMPENSATION.

9. RESPONSIBILITIES AND GUARANTEES

POSSESSION FOOTBALL declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the correct functioning of its Services.

However, POSSESSION FOOTBALL shall not be liable for any interruptions, delays or errors in the provision of any of the Services, nor for any damage that may result from the incorrect or inappropriate use of the Platform by the User.

Likewise, POSSESSION FOOTBALL shall not be liable for any limitations, disturbances or inaccuracies that may occur in the use of the Services through the Website (for example, due to involuntary interruptions due to user saturation, network issues, essential Platform updates), provided that these are due to fortuitous causes, force majeure and/or any other cause that could not have been foreseen or that, being foreseeable, could not have been avoided.

Notwithstanding the above, POSSESSION FOOTBALL undertakes to try to resolve any incident that occurs on the Website in the shortest possible time and with the utmost diligence.

POSSESSION FOOTBALL reserves the right to interrupt access to its Services, in particular the provision and/or making available of any of the Content, at any time and without prior notice, whether for technical, security, control, maintenance, supply failure or any other cause.

POSSESSION FOOTBALL shall not be liable for any damages that the User may suffer due to errors or omissions that may affect the Contents of the Platform.

POSSESSION FOOTBALL does not assume any responsibility for damages that may be caused to the equipment of Users by possible computer viruses or any other damage incurred by the User as a result of the use, dissemination or distribution of the Content.

POSSESSION FOOTBALL shall not be liable in any case for any Intellectual or Industrial Property infringements that may arise from the misuse of its Services. In this sense, POSSESSION FOOTBALL states that the only purposes, aims and destinations of its Services and the Platform, as well as the existing Contents therein, are those aimed at the training of football coaches and players.

10. OBLIGATIONS OF THE USER

• Use the Platform and all the resources, contents and tools contained in it in the same diligent, correct and licit way, in accordance with the provisions of the Conditions and strictly for the purposes described therein, all without contravening current legislation, nor harming the image, interests or rights of POSSESSION FOOTBALL or of third parties.
• Refrain from transferring the subscription to third parties and assign the subscription to third parties, so that they can enter data on the Platform, or access it or its contents, materials and tools, without the prior and express authorisation of POSSESSION FOOTBALL.
• Refrain from infringing through technological means or any type of security measures that the Platform and/or its contents, materials or tools may have, and in general, from carrying out reverse engineering on possible developments that are incorporated into them for their own benefit or that of third parties.
• Be responsible for the proper custody and confidentiality of the Usernames and Passwords provided by POSSESSION FOOTBALL, being obliged to immediately notify POSSESSION FOOTBALL of any misuse of them, such as loss, hacking or unauthorised access or access by persons other than users, in order for them to be immediately cancelled. Until such facts are communicated, the User will be liable for any occurrence that may arise from the improper use by third parties of the users and passwords granted, leaving POSSESSION FOOTBALL harmless from any damage that may be caused as a direct or indirect consequence of such misuse.
• Respond to POSSESSION FOOTBALL for any breach of the obligations under these Conditions. The User shall be liable for any occurrence that may arise from the improper use of the Platform (including its content, materials, tools, etc.), leaving POSSESSION FOOTBALL harmless from any damage that may be caused as a direct or indirect consequence of such improper use or contrary to the terms of these Conditions.
• In the event that the Services have been contracted by an Entity which has acquired a certain number of users, this Entity will be liable for any improper use of the Platform by its Users and, in general, for any breach on their part of the obligations contracted by means of these Conditions.
• Guarantee the truthfulness and accuracy of the data provided for the fulfilment of these obligations, responding to any damage caused to POSSESSION FOOTBALL that may arise from the incorrectness, outdated or insufficient nature.
• Respect the industrial and intellectual property rights over the Platform and the contents, tools and resources that are integrated in them, in the terms previously established.

11. MODIFICATION AND TERMINATION

POSSESSION FOOTBALL may modify these Conditions, in whole or in part, by publishing any changes on the Website or through any type of communication to Users and/or the Entity that has contracted the Services.

POSSESSION FOOTBALL reserves the right to modify the contents, tools and materials supplied on the Platform without prior notice.

POSSESSION FOOTBALL may automatically terminate, suspend or interrupt access to the Platform:

1. Due to termination or cancellation of the Agreement for the Provision of Services to which these Conditions are attached. In case of contradiction between the Service Agreement and these Conditions, the Service Agreement signed with the Club or coach will prevail.
2. Due to a breach of these Conditions.
3. If the User has provided false, inaccurate, outdated or incomplete data, or where there are reasonable grounds for suspicion. In this case, POSSESSION FOOTBALL will send a communication to the User via email to correct the errors/breaches within forty-eight (48) hours. If within this period the User has not carried out the requested correction, POSSESSION FOOTBALL may automatically deny the User’s registration or terminate the access to the Platform, without the User being entitled to a refund of the amounts paid up to that point.

12. GENERAL ASPECTS

POSSESSION FOOTBALL will ensure compliance with these Conditions. To this end, it reserves the right to exercise any civil and/or criminal actions that may correspond in the event of infringement or breach of these Conditions by the User, the Entities that have contracted the services for other users or Linked Third Parties.

The interpretation and application of the Conditions, especially with regards to the access to the Services offered and the use of the Platform and the Contents, will be governed by the Spanish legislation in force at any given time.

Without prejudice to the above, for cases in which the regulations provide for the possibility of the parties submitting to a specific jurisdiction, any dispute or litigation in relation to these Conditions and their content will be submitted to the Courts and Tribunals of Barcelona.

If any provision of these Conditions is declared invalid, the remaining provisions shall not be affected.

The failure of POSSESSION FOOTBALL to exercise or enforce any right or provision of these Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by POSSESSION FOOTBALL.

Any consultation or claim that you wish to address to POSSESSION FOOTBALL, can be done so at: contact@possessionfootball.com

Latest version: December 2020