Terms of Use and Contract of Services of BankofAthletes

By using and/or visiting this website (collectively, including all content available through the BankofAthletes.com domain name, the "BankofAthletes Website", or "Website"), you signify your agreement to the conditions of the terms, of use and contract, likewise the BankofAthletes privacy policies, found at http://www.bankofathletes.com/privacy_policy and incorporated here by reference. If the user does not agree to any of these terms and the BankofAthletes Privacy Policy, please do not use the BankofAthletes Website.

Although we attempt to notify the user when major changes are made to these Terms of Use and Contract of Services, you should periodically review the most up-to-date version http://www.bankofathletes.com/register_terms. BankofAthletes may, in its sole discretion, modify or revise these Terms of Use and Contract and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Contract shall be deemed to confer any third-party rights or benefits.

It is important to know that the website is controlled and offered by the service provider, 1 Sport Limited Liability Corporation, based in the United States of America, herein named BankofAthletes and Website. BankofAthletes does not guarantee that the BankofAthletes Website is appropriate or is available to be used in other jurisdiction. The people, who access or use the BankofAthletes Website by other jurisdiction, do it by their own behalf and are responsible for the fulfillment of the regional/national laws.

The Client, named and qualified in the identification page of the website, and is part integrant and inseparable of this contract, by all reason and effects, decide to establish Contract, being the Client 18 years of age or older or an younger emancipated, or is under the watch of legal authorization of parents or responsible, and fully capable to consent with this terms, conditions, obligations, affirmatives, representation and guarantees described in this Terms of Use and Contract, and obey and fulfill them. In all circumstances, the client states that is 18 years of age or older, notice that the BankofAthletes website is not projected to the person of younger age than 18 years. If the Client is younger than 18 years, shall not use the BankofAthletes Website. Therefore, in full agreement with the terms and conditions hereof:

1. DEFINITIONS

Are applied to the present Contract the following definitions:

BankofAthletes is a Website with a purpose to follow international news of the sport football (soccer) and news of athletes and/or coaches inserted by the Clients of the Website. BankofAthletes is a Virtual Window for self exposal and/or by third parties exposure for sport purpose only, exclusively for football.

BankofAthletes states clear that, the information inserted on the Website will be of total responsibility of the own Client. Negotiation, transaction, deals or any type of business involving a Client of the Website, it is of total incumbency, right and responsibility of the Client. BankofAthletes will not interfere in any merit of negotiation whatsoever or any type of participation, be it legal, financially or argumentative.

Client: Every person who contracts the BankofAthletes´s services, and will have access to own exclusive area.

Visitor: Every person who is browsing/visiting the BankofAthletes Website.

User: Every person who is browsing/visiting or using any type of service of BankofAthletes, be it a Visitor or a Client.

Virtual Window: Place to interact between markets and people through a center of common purpose, in which the Website proposes and makes possible the change of information to benefit both parties, be it from who searches or who offers.

Data Bank: Data found on the Website about football athletes and coaches.

Upload (Information of the Client, Client/User Material): registration/insertion of data of athlete/coach in text, image and video format to the BankofAthletes´s Data Bank.

2. OBJECT

This contract has by object the service provided by BankofAthletes to the Client, so that the same can expose athletes/coaches (amateur, professional or university athletes) of interest, which will have their data and image exposed by the total responsibility of the Client who registered (uploaded).

3. ACCOUNT IN BANKOFATHLETES

a) In order to access some features of the Website, the user will have to create a BankofAthletes account. A user may never use another\'s account without permission of the Client. When creating an account, the user must provide accurate and complete information. The user is solely responsible for the activity that occurs on his account, and must keep account password secure. The user must notify BankofAthletes immediately of any breach of security or unauthorized use of his account.

b) Even though BankofAthletes is not liable for any loss caused to the user for the non authorized use of his account, the user may be liable for losses of BankofAthletes or by other derivation due of such non authorized use.

4. CONTENT OF THE CLIENT AND UPLOAD

a) As a BankofAthletes account holder you may submit image and video content of athletes/coaches and textual content – file of athlete/coach to BankofAthletes’s Data Bank. The information inserted are collectively referred to as Upload. The Client understands that whether or not such Upload are published, BankofAthletes does not guarantee any confidentiality with respect to any information of the Upload on the part of the Client.

b) The Client shall be solely responsible for his own Uploads and the consequences of posting or publishing them. In connection with Upload, you affirm, represent, and/or warrant that: is the owner or have the necessary licenses, rights, consents, and permissions to use and authorize BankofAthletes to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Uploads to enable inclusion and use of the Upload in the manner contemplated by the Website and these Terms of Use and Contract.

c) For clarity, the Client retains all of ownership rights in his Upload. However, by submitting Uploads to BankofAthletes, you hereby grant BankofAthletes a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Upload in connection with the BankofAthletes Website and BankofAthletes ‘s business (and its successors\' and affiliates\'), including without limitation for promoting and redistributing part or all of the BankofAthletes Website (and derivative works thereof) in any media formats and through any media channels. The Client also hereby grant each User of the BankofAthletes Website a non-exclusive license to access his Upload through the Website, and to use, reproduce, distribute, display and perform such Upload as permitted through the functionality of the Website and under these Terms of Use and Contract. The above licenses granted by the Client in relation to the inserted information, terminates within a commercially reasonable time after the Client removes or deletes his Upload from the BankofAthletes Data Bank. The Client understands and agrees, however, that BankofAthletes may retain, but not display, distribute, or perform, server copies of Uploads that have been removed or deleted. The above licenses granted by the Client in relation to the inserted information are perpetual and irrevocable.

d) In connection with Uploads, the Client furthers agree that will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the Client is the owner of such rights or have permission from their rightful owner to post the material and to grant BankofAthletes all of the license rights granted herein.

e) The user agrees that his conduct on the site will comport with the BankofAthletes’s Privacy Policy, found at http://www.bankofathletes.com/privacy_policy, which may be updated from time to time.

f) BankofAthletes does not endorse any Upload or any opinion, recommendation, or advice expressed therein, and BankofAthletes expressly disclaims any and all liability in connection with the Client’s Upload. BankofAthletes does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BankofAthletes will remove all content and Upload if properly notified that such content or Upload infringes on another\'s intellectual property rights. BankofAthletes reserves the right to remove content and Upload without prior notice.

4.1 Content of Upload

a) BankofAthletes demands required fields for the content of an Upload. It is essential to fill out the fields stated below to validate it.

b) Validation is done by means of fulfillment on the part of the Client in filling out the required fields and the verification on the part of BankofAthletes of the information inserted, deleting inappropriate information to the content of the Website if it is necessary.

4.1.1 Required Fields

a) The required fields for Upload of an athlete are:

5. ACQUISITION

a) To make possible the utilization of the BankofAthletes service, the Client will be able to register by selection of one of the plans available on the Website.

b) The only form of payment in order to join the BankofAthletes Data Bank is through automatic debit with an international credit card and an authorization given by the Client on the Website. All the prices will be charged in American Dollars (US$), therefore the payment, independent of the currency, will be transferred to American Dollars (US$), according to the exchange rate of the dollar in the financial market, on the day of payment, corresponding to the operating currency of the Client’s credit card.

c) The rates of the plans will be available to consult on the Website. The prices applicable to the service will be effected as to the time of its realization and in accord with the Table of Prices published on the Website.

d) The services requested will be only available to the Client after payment confirmation from the credit card’s administrative side.

e) BankofAthletes can readjust the prices, in the manner to reestablish the contractual balance, for such, must inform the new prices to the Users on the Website.

5.1 Acquisition of Upload

Each plan contains a specific quantity of Uploads, being that there isn’t a single or universal value for this service. In case the Client wants to acquire extras Uploads exceeding the limit number pre-destined to each plan, the Client will be charged the value according with the determined plan. The values of each Upload are available on the Website.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1 Are obligations of BankofAthletes:

a) Provide service according to this Contract guaranteeing a quality service, and give assistance in case there’s any trouble to access the Website.

b) Update the information of athletes/coaches frequently, when the Client contributes or not to it. Update news periodically, providing news of international football as service to the Users.

c) Have virtual space to physical, legal person or third parties to self expose or to expose athletes/coaches of his authority, ownership or negotiable rights.

d) Provide total security to the Client, guaranteeing credibility of the information of the athletes/coaches uploaded on the Website and security on the transaction of payment to access the Website.

e) Make effort in solving eventual flaws and problems related to the service with the largest brevity possible.

f) Make available to the Client, through the Website, information on the service as for the: collected values and eventual alterations of prices, fruition conditions, and general conditions that reach the Client direct or indirectly.

g) Not refuse service to people whose dependencies are located in the area of service, nor to impose discriminatory conditions, except for in the cases in that the person is in geographical area still not assisted by the network of BankofAthletes.

h) Make available at the athletes page the contact information of the responsible that retains the greater portion of its federal rights.

i) Make available the contact information of the athletes current club if the federal rights are divided equally (50% each) between the club and the athlete/agent.

j) If a client desires to register an athlete/coach and the athlete/coach is already registered at BankofAthletes by another client, this new member will be asked to present legal documentation that proves the vinculum with the athlete/coach in order to activate the athlete/coach.

After the presentation of legal documentation by the client interested on registering an existing player at the website, even if the documents proves that the client holds more than 50% of the athlete/coach federal rights, BankofAthletes will also demand the documents of the client that has the player registered at BankofAthletes´s data bank proving its vinculum with the athlete/coach.

BankofAthletes determines a period of 3 days for the client responsible for the registered athlete to provide the documents to BankofAthletes, for verification of its legal rights.

If the client responsible for the athlete at BankofAthletes does not present the documents which proves the vinculum with the player in the determined 3-day period, the athlete will be automatically transferred. The documents must prove that the client holds at least 51% of the athletes’ federal rights, according to item “6.1” letter “h” of the Terms of Use and Contract.

6.2. Are obligations of the Client:

a) Assist to the technical recommendations with respect to the use of the service contained in the Website.

b) Not to use, in any circumstances, the service of the Website for different manner other than the exposal of athletes and/or coaches or for illicit ends, as well as in case of fraud or illicit commercialization of the service, under penalty of rescission of the present Contract and compensation of suffered damages for BankofAthletes.

c) Communicate to BankofAthletes, through the area of Help of the Website, all or any irregularity or bad operation of the service provided, seeking to make possible appropriate assistance and/or orientation.
d) Maintain updated their personal data with BankofAthletes, informing on all or any modification, either by e-mail, telephones for contact, among others.

e) Be responsible for the correct use of the access password to the service, and for the safety of the password and personal data, not liable any type of compensation or indemnity on the part of BankofAthletes in the occurrence of inadequate or fraudulent use of the service.

f) Respect the privacy and other User\'s intimacy and/or third parties in what refers to their personal data; not to defame, to insult or try to embarrass or any discrimination type, be sexual, of race, color, origin, age, social condition, deficiency presence, political faith or religious; to respect the applicable laws of nature civil or criminal to the service; not to send information with inappropriate content or files with virus; not to allow, to facilitate or to incite, direct or indirectly, the access of non authorized of any nature to computers or network of BankofAthletes or of any other entity or organization; to maintain the safety of the origin, authenticity, integrity or secrecy of the information or private data of BankofAthletes and of third; not to harm, intentionally, users of the internet through development of programs, virus, access to non authorized computers, alterations of files, programs and data resident in the network and use of cookies, in disagreement with the laws and/or with the best practice of the market; not to publish propagandas or to announce products and services through our Website; not to accommodate spamers.

g) Submit, when requested by BankofAthletes.com, legal documentation that proves vinculum of the athlete with clubs, agents and/or Universities.

h) When registered at BankofAthletes.com as a University Athlete, the client must maintain the vinculum with the school, in order to confirm its status.

6.2.1 In case of complaints received of third, sers of internet or of international organisms, or of any other entity regarding the irregular use of the service on the part of the Client, it is allowed to BankofAthletes the right of canceling the present Contract being applicable to the Client the penalties foreseen in this instrument and in the present legislation.

6.2.2 The User agrees to defend, indemnify and hold harmless BankofAthletes, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney\'s fees) arising from: (i) use of and access to the BankofAthletes Website; (ii) violation of any term of these Terms of Use and Contract; (iii) violation of any third party right, including without limitation of any copyright, property, or privacy right; or (iv) any claim that one of the Users Material caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and Contract and the use of the BankofAthletes Website.

6.3. Are rights of BankofAthletes:

a) Use, in the service, equipments and infrastructure that don\'t belong to BankofAthletes.

b) Subcontract the development of inherent activities, accessory or complementary to the service.

c) Request to the client, when necessary and appropriated, legal documentation that confirms all the information provided and that are available at BankofAthletes.com, such as the vinculum with clubs, agents and/or universities.

6.4. Are rights of the Client:

a) Non discriminatory treatment as for the access conditions and fruition of the service.

b) To be informed on the suspension of the service, when this occurs without the Client’s request.

c) Efficient and ready response to their complaints.

d) Not to be obligated or induced to consume services not of interest, as well as to not to be compelled to submit to the condition for service reception, except for subject of technical order, in the terms of regulation.

7. USE OF THE CONTENT ON THE WEBSITE

Besides the general restrictions above exposed, the following restrictions and conditions are specifically applied to the use of the content on the BankofAthletes Website.

a) The content on the BankofAthletes Website, except all Client´s Material (as defined below), including without limitating, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BankofAthletes, subject to copyright and other intellectual property rights under the law. Content on the Website is provided AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BankofAthletes reserves all rights not expressly granted in and to the Website and the Content.

b) The Client´s Material (Upload) can be accessed exclusively by the Client for his/her information and personal use of the normal functions of the service of BankofAthletes, and only for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the BankofAthletes Service to a User\'s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. Accessing Information of the Client for any purpose or in any manner other than Streaming is expressly prohibited. Information of the Client are made available "as is." Frauds in the access to the Information of the Client will constitute in violation of these Terms of Use and Contract.

c). Information of the Client are made available for personal information use solely as intended through the normal functionality of the BankofAthletes Service. Information of the Client are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the BankofAthletes Service or otherwise as prohibited under this Agreement.

d) The User may access BankofAthletes Content, Client´s Material and other content only as permitted under this Agreement. BankofAthletes reserves all rights not expressly granted in and to the BankofAthletes Content and the BankofAthletes Service.

e) The User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Client´s Material of third parties obtained through the Website for any commercial purposes.

f). The User agrees not to circumvent, disable or otherwise interfere with security-related features of the BankofAthletes Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the BankofAthletes Website or the content therein.

g) The User understands that when using the BankofAthletes Website, you will be exposed to Client´s Material from a variety of sources, and that BankofAthletes is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Client´s Material. The User further understands and acknowledge that may be exposed to Client´s Material that are inaccurate, offensive, indecent, or objectionable, and agrees to waive, and hereby do waive, any legal or equitable rights or remedies that have or may have against BankofAthletes with respect thereto, and agree to indemnify and hold BankofAthletes, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to the use of the Website.

8. SUSPENSION OF THE SERVICE

a) The payment is due. The Client will only have access to expose their players/coaches by realizing payment.

b) The Client will have access to the information of the Website with validity of 30 days after making the payment, being this final date denominated as “expiration date”.

c) The Client will also be able to make anticipated payment 10 (ten) days before the expiration date.

d) After the expiration date, the Client will have only 5 (five) useful days to renew his/her register. In case in this period the Client does not make new payment, The Client won\'t have access to the following month. When effecting the payment after the expiration date and before the period of 5 (five) days given, the number of days exceeding the expiration date will be discounted on the following month.

e) Concluding, the Client will have a period of 15 (fifteen) days to confirm payment to the Website, in case the Client doesn\'t effect it, the service will be canceled automatically, not having any right to recovery or reimbursement.

f) The Association will be: monthly, quarterly, half-yearly or annual. Each plan will have discount to its accordingly period. The annual plan will have the largest discount.

8.1 In case of change of a plan are important to know the possibilities:

8.1.1 In case of change of a plan with smaller capacity and/or period of time of service, for another of larger capacity and/or period (plan upgrade), the value of the new contract will be collected immediately as well as the new service will be available automatically and the current contract will be automatically extinct.

In case the Client has paid off his entire current plan and wants to accomplish this change before the expiration of current contract, a corresponding credit will be generated to be subtracted in the value of the new plan. This credit will be generated in agreement with the date of request change and the value paid already to the Website.
The credit will be subtracted trough new association to a new plan done by the Client. If the change is requested is in the last month of the current contract, there won\'t be any credit generated, and the option for this change will be done without credits to be subtracted. Therefore, plans with monthly duration will not have any credit generated.

8.1.2 The service once contracted, it cannot be cancelled without any circumstances of the item 8.2 and 10 (extinction) of the Terms of Use and Contract. Also, the Client cannot change a plan with larger capacity and/or period of time of service, for another of smaller capacity and/or period. In case the Client tries to such change seeking the non accomplishing of present contract, the change will not be considered a shortening of the same; in fact it will be considered as an extension by plan and period chosen upon the change, starting to validate after the conclusion of present contract.
For this case the Client should just wait for the last expiration date of contract for then not to be Client and not to count with the service of BankofAthletes.

8.2. BankofAthletes can suspend the Service, without incurring in any additional encumbrance or penalties, in the cases of:

a) Noncompliance of contractual obligations, legal or regulated, by the Client, without prejudice of the right of canceling the Contract.

b) Due to actions of public power or of third that impede service execution, temporarily, occasion in that BankofAthletes will endeavor their best efforts to communicate to the Client with the largest possible antecedence.

9. VALIDITY

The present Contract will go into effect starting when the services are available to the Client, and it will be in effect for period determined and requested by the Client when associated with the Website.

10. EXTINCTION

This Contract can be extinct, at any moment, independently of interpellation or notification, neither compensation to the Client, in the following circumstances:

a) By BankofAthletes, in the noncompliance circumstances of the Client, in their contractual obligations, legal or regulated, as for the use of the service, including a fraudulent way or purpose of harming third or own BankofAthletes.

b) Authorization extinction or judicial decision or of the competent authority that impedes the continuity of the service provided.

c) In 5 (five) days after the end of the Contract (expiration date), without a valid renewal of the monthly fee on the part of the Client.

d) Due to actions of the public power or of third parties that impede service execution, permanently, given this BankofAthletes will endeavor their best efforts to communicate to the Client with the largest possible antecedence.

11. RESPONSIBILITY

a) BankofAthletes does not take responsibility for any flaws, delays, stoppages or interruptions in the of the service provided caused by limitations or flaws of the Client’s network, inadequate use by the Client, or for any other cause that is not undoubtedly imputed to BankofAthletes.

b) BankofAthletes does not take responsibility for improper and inappropriate use in exposing athletes/ coaches, being such practices of exclusive responsibility of the Client, which should respect the laws and effective regulations, addressing the use of the service in an ethical and moral way, assisting to the purpose and to the nature of the rendered service, respecting the intimacy and privacy of such data as (but not limited to) passwords and information of exclusive use and/or confidential. The Client is the only responsible for losses, dismissed profits, damages direct or indirect, and incidents or consequent, or fines deriving from the use of the service in disagreement with this Contract, with the legislation and/or with the regulation present.

c) BankofAthletes does not make available mechanisms of logical security on the Client´s network, belonging to the Client the responsibility for the preservation of their data, as well as for the introduction of restricted access and control of violation of his network.

d) The parties cannot be made responsible by the non execution of their contractual obligations in the hypothesis of occurrence of fortuitous case and/or of larger force. In that case, the impeded part of accomplishing their obligations should inform the other, immediately, in writing, of the occurrence of the referred event.

e) BankofAthletes will only be responsible for the damages undoubtedly imputed direct to BankofAthletes, being excluded the responsibility of dismissed profits and the indirect damages. In any hypothesis the value of any compensation that comes to be paid by BankofAthletes won\'t exceed the total value paid for the Services in a period of 12 (twelve) months.

12. CONFIDENCIALITY

The Client at once authorizes BankofAthletes to publish/expose his/her name as being part of BankofAthlets’s client list, wherever BankofAthletes is present.

The Client recognizes and the Client agrees that, when clicking the button ACCEPT, the Client will be adhering all integrally to the terms and conditions of this Contract, as well as to the given commercial conditions, without restrictions, committing to respect them and to carry out all of the obligations in them established. In the same way, the Client confirms the truthfulness and reliableness of the personal data and data of billing informed in this section of the Website.