Terms of Service – Sportoora

These Terms of Service apply from December 1, 2018.

Welcome! By using the Sportoora service on the website, mobile application or any other platform developed by Sportoora d.o.o., you undertake to act in accordance with these Sportoora Terms of Service ("Terms of Service"). These Terms of Service define the rights and obligations of all users of Sportoora services, regardless of how you access them. These Terms of Service are proprietary to Sportoora d.o.o, which creates and amends them in accordance with the law. Please read these Terms of Service carefully. If you do not agree with the entirety of the Terms of Service, do not access Sportoora services.

The words “we”, “our”, “us” and “Sportoora” refer to Sportoora d.o.o. (“Provider”) and the words “you”, “your” and similar refer to the users of Sportoora services and all contributors of content to our platforms (“users”). User means any person who uses online services in any way: watching content, posting content, accessing the website, etc. A registered user of Sportoora services means any user who successfully completes registration. All provisions apply equally to registered and unregistered users, unless expressly determined otherwise in the Terms of Service.

By using Sportoora services, you unconditionally agree to these Terms of Service and Privacy Policy. The Terms of Service are updated periodically, and the latest applicable version is available at www.sportoora.com. Sportoora reserves the right, at its sole discretion, to change the Terms of Service or Privacy Policy at any time, of which it will notify you by email or with a message that will greet you the first time you use our services after the Terms of Service or Privacy Policy have been changed. By continuing to use our services, you expressly agree to the changes.

These Terms of Service and Privacy Policy are subject to the laws and regulations of the Republic of Slovenia and the European Union and by using our services you expressly consent to the jurisdiction of Slovenian courts.

In the event any of the provisions of these Terms of Service is declared invalid or unenforceable, such a provision will be limited or revoked to the minimum extent possible and replaced with a valid provision which comes as close as possible to the original intent of these Terms and Service to preserve the validity and full effect of these Terms of Service.

1. Privacy and data protection

Sportoora makes sure to always protect your privacy in accordance with your preferences. Read our Privacy Policy to see how you can use Sportoora services and share information with others, and how we collect and use your data, content and information.

2. Use of Sportoora services

To use our services, you must:

• Make sure the information and personal data you provide is true, accurate, up-to-date and complete
• Always carefully protect the information about your Sportoora profile
• Be solely responsible for the content you post and not allow others to use your profile
• Be older than 16

The provider reserves the right to disable, at its sole discretion, access to its services for users who violate these Terms of Service or for any other reasons.

Any copying, transferring or dissemination of the content hosted on Sportoora platforms is strictly prohibited without the prior consent of Sportoora d.o.o. You may request consent by contacting us at:

Sportoora d.o.o.
Pregljeva 3
1230 Domžale
Slovenia

3. Creating a safe environment

To keep Sportoora a safe and welcoming environment for all users, all registered users and all others accessing Sportoora services are required to comply with the following provisions on prohibited activities:

• Do not use the platforms provided by Sportoora d.o.o. to spread unauthorized commercial messages (spam).
• Do not access Sportoora with automated tools such as bots, crawlers, scrapers and other tools, or use such tools to access or collect data on users, their posted content and other information. Collection of any data or access to any content is prohibited without our prior written consent.
• The content you post may not instigate, spread, promote or provide instructions for the execution of any illicit or criminal activities or acts constituting violations of human rights, as determined in national or international law.
• Your content will not provide instructions on how to make or purchase weapons, violate individual rights, or make computer viruses or other malware.
• You will not intimidate, disparage or threaten other users.
• You will not use any Sportoora platforms to post hate speech or pornographic content, violent content or content containing nudity or graphic depictions of violence.
• You will never request the registration data of other users or access the profiles of other users.

4. Registering a user profile

To maintain the highest quality of service, we require our registered users to use their real name and personal data. By registering as a user, you agree to comply with the Terms of Service and Privacy Policy, which are applicable to unregistered and registered users as soon as they start using our services and register a user profile.

To register a user profile, complete the form online or in the mobile application. By completing the form, you confirm that you have read, understand and completely agree with the Sportoora Terms of Service and Privacy Policy without additional limitations or reservations.

You bear sole responsibility for all activities conducted in your user profile. We advise you to select a secure password (it must be at least 8 characters long, of which at least one character must be lower case and at least one upper case) and keep it safely stored. Change your password regularly and never share it with third parties. You are solely responsible for exposing your user profile to any risk if you share access to your profile with other persons, share your user data, or jeopardise the security of your profile in any other way. Sportoora does not have two-factor authentication.

We reserve the right to remove or edit your personal data if we have reasonable grounds to believe that they are inappropriate (for example, if a trademark holder complains about your username when the username is not closely associated with your actual name but is the same or very similar to the trademark).

By registering a user profile, you agree to:

• Provide your actual personal data, create the user profile for yourself only, and update the information as necessary
• Register only one personal profile
• Not create a new profile without our approval if your profile is suspended due to violations of the Terms of Service

4.1.  Registering an animal profile

Every registered user may create a profile for their dog, cat, horse or any other animal, on condition that the user has registered their own personal profile and that they use a different email address for the animal’s profile.

Our system will register who the owner of the animal is. The owner of the profile to which the animal profile is linked will be considered the owner of the animal profile, and the connection will be visible in the profile. The owner who registered the animal account is responsible for all posts on the animal profile, which is subject to the same Terms of Service. The owner may request that the animal profile be deleted.

5. Deleting a user profile

Your user profile does not have a time limit. You can delete the profile at any time, but please bear in mind that once it is deleted it cannot be restored. When you delete your profile, you cannot sign in again.

For more about which data we collect, how we use it and how you can delete it, read the Privacy Policy.

6. Posted content

We do not moderate the content that users post on our platforms before it is posted. We use tools to automatically scan posted photos and texts, which means that a post may be rejected if it is in violation of the rules. In this case, only the activity will be posted, and you will receive the message that your photo and/or comment have not been posted. Owners of Sportoora user profiles and other website visitors have the right to report inappropriate or illicit content.

We reserve the right to remove, at our sole discretion and at any time, content that we judge to be illicit, insulting, threatening, defamatory, in violation of the rights of other users, or in violation of our Terms of Service.

The following applies to all users:

1. You own the content and information on your user profile and, using the privacy settings, you determine who will have access to your content and information. We do not request intellectual property rights for your posted content, but by agreeing to these Terms of Service you give us the irrevocable right to reproduce, change and distribute your posted content in any existing or potential future format. These rights expire when you delete your posted content or your profile, unless the content has been shared by other users who have not deleted it.
2. Once you have deleted content, it is no longer accessible to you or other users.
3. You hereby give the provider of the service the irrevocable right to use posted content in anonymized analysis of data for the purposes of research, whose results may be publicly released.
4. When you post content with your privacy setting set to Public and your user profile is set to Public as well, this means you allow everyone, including those without a Sportoora user profile, to access this content and information, use it, and associate it with you (e.g. with your name or profile picture).
5. The service provider undertakes to respect all applicable copyright laws. We will examine any copyright infringement notices we receive and remove content deemed to have been posted or distributed in violation of these laws. To submit a copyright infringement notice, send us the following:
6. Physical or electronic signature of the copyright holder or the person authorised to act on their behalf
7. Description of copyrighted work you claim is the subject of infringement
8. Description of the material infringing on copyright and information that is reasonably sufficient to allow us to identify the infringing material
9. Your contact information, including address, telephone number and email address
10. The statement that you are convinced in good faith that the use of content the notice refers to is not permitted by the copyright holder, their representative, or under the law
11. The statement that the information in the notice is accurate and that you are authorized to act on behalf of the copyright holder
    
    You may email the notice to

7. Limitation of liability

All the services developed by Sportoora d.o.o. are available as is. We always strive to make sure our services are secure and accessible, but we do not guarantee service provision will be flawless and completely reliable. Uptime may be affected by a variety of software or hardware issues, which we will always try to address in a reasonable time. Insofar as we act on downtime with reasonable actions and due diligence, we do not accept responsibility for any loss of data or posted content that was not caused by our violation of these Terms of Service, not reasonably predicted at the publication of these Terms of Service, or that you did not predict and notify us thereof in advance. This does not exclude or limit liability for death, bodily harm or fraudulent impersonation due to our negligence, nor does it exclude or limit other liability insofar as such exclusion or limitation is not permitted by law.

The provider does not accept any responsibility for health problems (for instance injury, illness, death) incurred because of sports activity, exercise or any other actions triggered or in any other way connected with our services.

8. Payment of services

The use of basic Sportoora functionalities such as logging of activities and other content, connecting with friends, making goals and monitoring progress, is free for all users. Our services will always be free for you, but you may incur data transfer costs (including, without limitations, your costs of internet access and mobile data) when you use our services. These costs will be borne by users, they will never be incumbent on Sportoora.