Terms of use

If you have installed our ProClubs application on one or more of your devices, then you are bound by the resulting terms of use.

We have tried to make these conditions a little more digestible and have therefore arranged them by paragraph and tried to be as clear as possible. If you still have any questions, contact us at this address: help@proclubs.app

ProClubs Terms of Use.

These Terms of Use (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, advertisements, commercial transaction services, referring to these Terms (collectively, the “Services”), as well as information, text, links, graphics, photos, sounds, videos or other elements or combination of elements downloaded from the Services or appearing thereon (collectively referred to as the “Content”). By using the Services, you agree to be bound by these Terms.

1. Who can use the Services?

You will only be able to use the Services if you agree to sign a contract binding you to ProClubs and if you are not prohibited from receiving this type of service under the laws of the country or territory to which you belong. In any case, to use the Services, you must be at least 16 years old. If you agree to these Terms and use the Services on behalf of a company, organization, state or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind that entity to these Terms, in which case the words “you” and “your” as used in these Terms refer to that entity.

2. Confidentiality

Our Privacy Policy (https://proclubs.app/privacypolicy.html) describes how we treat information you provide to us when you use our Services. You acknowledge that by using the Services, you consent to our collection and use (subject to the terms of the Privacy Policy) of this information, including in cases where this information is transferred to France or other countries in purposes of being stored, processed or used by the ProClubs application.

3. Content of the Services

You are responsible for your use of the Services and any Content you provide, including compliance with applicable laws, rules and regulations. You should only provide Content to the extent that you are comfortable sharing it with others.

Any use or reliance on Content or materials displayed or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or information posted via the Services, nor do we endorse any opinions expressed through them. You understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or inappropriate, or, in some cases, to messages that are misdirected or inappropriate. would prove misleading. All Content is the sole responsibility of the person who created it. We do not necessarily monitor or control all Content posted via the Services, and we cannot assume responsibility for it.

We reserve the right to remove any Content that violates the User Agreement, because it constitutes – for example – a violation of copyright or trademark or any other misappropriation of intellectual property, appropriation unlawful intellectual property rights, identity theft, unlawful conduct or harassment. Our team provides information on specific policies and procedures for reporting or contesting violations (report@proclubs.app).If you believe that your Content has been copied in a way that constitutes copyright infringement, please report it by contacting our Copyright Infringement Reporting Form (report@proclubs.app).

Your Rights and Grant of Rights to the Content

You retain your rights to any Content you submit, post or display on or through the ProClubs App. What is yours is yours. You own your Content (including your embedded sounds, photos and videos)

By submitting, posting or displaying Content on or through the ProClubs App, you grant us a worldwide, non-exclusive, royalty-free license (including the right to sublicense), authorizing us to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute this Content in any medium and by any distribution method currently known or developed in the future (for the sake of clarity, these rights include, for example, those of conservation, transformation and translation). This license allows us to make your Content available to the rest of the world and allows others to do the same. You agree that this license includes the right for the ProClubs application to provide, promote and improve the Services and to make Content submitted on or through the Services available to other companies, organizations or private individuals, for the purposes of syndication, distribution , distribution, Repost, promotion or publication of this Content on other media and services, subject to compliance with our conditions governing the use of this Content. The ProClubs application, or these other companies, organizations or private individuals, may thus use the Content that you have submitted, published, transmitted or in any other way made available via the Services without you being able to claim any remuneration for of this Content, given that it is hereby agreed that your use of the Services constitutes sufficient remuneration for the Content and granting of the rights cited in this provision.

The ProClubs App has an evolving set of rules governing how ecosystem partners can interact with your Content on the ProClubs App. These rules exist to allow an open ecosystem that takes your rights into account. You understand that we may modify or adapt your Content when we or our partners distribute, syndicate, publish or broadcast it, and/or make changes to your Content in order to adapt it to different media .

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted hereunder for any Content that you submit, post or display on or through the Services. You agree that such Content does not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or the legal right to post the material and grant the ProClubs application the license described above.

4. Use of the Services

We invite you to read the Rules and policies of the ProClubs application which are an integral part of the User Agreement and which define what is prohibited within the framework of the Services. You may use the Services only if you comply with these Terms and all applicable laws, rules and regulations.Our Services are constantly evolving. As such, the Services may be modified from time to time, at our sole discretion. We may stop (temporarily or permanently) providing you or more generally users with the Services or any functionality thereof. We further reserve the right to set usage and storage limits at any time and at our sole discretion. We may also remove or refuse to distribute any Content on the Services, restrict the distribution or visibility of any Content on the service or suspend or terminate a user and harvest usernames, without incurring any liability. responsibility towards you.

In return for the right to access and use the Services granted to you by ProClubs, you agree that ProClubs and its third party providers and partners may place advertisements on the Services, or in connection with the display of Content or information from the Services and submitted by you or others. You also agree not to misuse our Services, for example not to disrupt them or try to access them through a method other than the interface and instructions we provide. You agree not to circumvent any technical restrictions in the software provided as part of the Services, or to reverse engineer, decompile or disassemble the software, except and only to the extent expressly permitted by applicable law. When accessing or using the Services, you may not do any of the following: (I) access, tamper with, or use non-public areas of the Services, ProClubs computer systems, or technical delivery systems used by ProClubs providers; (II) probe, explore or test the vulnerability of any system or network, or violate or circumvent any security or authentication measures; (III) search for the Services, access them, or attempt to search or access them by any means (automated or not) other than the interfaces currently available, developed and provided by ProClubs (subject to compliance with the general conditions in force ), unless you have been expressly authorized to do so under a separate agreement with ProClubs (NOTE: crawling [systematic indexing] of the Services is permitted if done in accordance with the provisions of the robots file. txt; on the other hand, scraping [extraction for exploitation purposes] of the Services without the prior consent of ProClubs is expressly prohibited); (IV) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or otherwise use the Services to send identifiers of source altered, misleading or false; (V) hinder or disrupt (or attempt to do so) the access of any user, host or network to the Services, in particular and among other things, by sending viruses, overloading, flooding, spamming [spamming], mailbombing, or by running Content creation scripts in a manner that disrupts or overloads the Services. We also reserve the right to access, read, preserve and disclose any information as we deem necessary for the purposes of: (I) satisfying any applicable legal or regulatory obligation, legal process or administrative request; (II) enforce the Terms, including facilitating the investigation of potential violations hereof; (III) detect, prevent or otherwise address any issues of a fraudulent, security or technical nature; (IV) respond to user requests for assistance; (V) protect the rights, property and safety of ProClubs, its users and the public. We also reserve the right to access, read, preserve and disclose any information as we deem necessary for the purposes of: (I) satisfying any applicable legal or regulatory obligation, legal process or administrative request; (II) enforce the Terms, including facilitating the investigation of potential violations hereof; (III) detect, prevent or otherwise address any issues of a fraudulent, security or technical nature; (IV) respond to user requests for assistance; (V) protect the rights, property and safety of ProClubs, its users and the public. ProClubs does not disclose any personal data to third parties, unless our privacy policy allows it. ProClubs may offer certain services or features for which additional conditions apply in order to use them. By using or paying for any of these additional services, you agree to the additional terms applicable to those services; these terms form part of our agreement with you. If there is any conflict between the additional terms and these Terms, the additional terms will control when you use the services to which they apply.

Your Account / Profile

You may need to create an account to use some of our Services. You are responsible for protecting your account; We therefore invite you to use a strong password and limit its use to this account. We will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications emanating from the Services. We may communicate a certain amount of information to you, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you will not necessarily have the option to opt out of receiving them. If you associated your phone number with your account and then change or deactivate that phone number, you will need to update your account information so that we do not send messages to the new owner of your old number .

Your license to use the Services

ProClubs grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the Services provided by ProClubs in accordance with these Terms.

The Services are protected by copyright, trademark and other laws in France and other countries. Nothing in these Terms shall give you the right to use the name of ProClubs, nor the trademarks, logos, domain names, other distinctive attributes and exclusive rights of the ProClubs brand. All right, title and interest in and to the Services (except for Content provided by users) is and will remain the exclusive property of ProClubs and its licensees. Any comments or suggestions you may make about ProClubs or the Services are entirely voluntary, and we will be free to use such comments or suggestions as we see fit and without incurring any obligation to you.

Termination of these Terms

You may terminate your legal agreement with ProClubs at any time by deactivating your accounts and ceasing to use its Services. To deactivate your account, please follow the instructions at https://proclubs.xyz/deletemyaccount.html. If you would like to know what happens to your information, please review our Privacy Policy.

We may suspend or terminate your account, or stop providing all or part of the Services to you, at any time, for any or no reason, including if we have reason to believe that: I) you have violated the these Terms or the Pro Clubs Rules and Policies; II) you create a risk for us or expose us to possible legal action; III) your account must be deleted due to unlawful conduct; IV) your account must be deleted for prolonged lack of activity; or V) our provision of Services to you is no longer commercially viable. We will make reasonable efforts, depending on the circumstances, to notify you at the email address associated with your account or the next time you attempt to log in to your account. In any event, these Terms will terminate, together with, among other things, your license to use the Services, except that the following provisions will continue to apply: 2, 3, 5 and 6. If you believe that your account was terminated in error, you can appeal by contacting support. For the avoidance of doubt, these Terms survive deactivation or termination of your account.

5. Warnings and Limitation of Liability

The Services are provided to you “AS IS”

If you reside outside the European Union, EFTA States or the United Kingdom, including if you live in the United States, you agree that your access to and use of the Services or any Content is solely your own risk. You understand and agree that the Services are provided to you “AS IS” and “AS AVAILABLE”. “ProClubs Entities” means ProClubs, its parents, subsidiaries, associates, officers, directors, employees, agents, representatives, partners and licensors. Without limiting the foregoing and to the fullest extent permitted by applicable law, THE PROCLUBS ENTITIES DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND - VIOLATION OF THIRD PARTY RIGHTS. The ProClubs Entities cannot guarantee or represent, and disclaim all responsibility and liability with respect to: (I) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content whether it be ; (II) any damage to your computer system, loss of data or other harm arising from your access to and use of the Services or any Content; (III) the deletion of any Content or other communications maintained by the Services or the inability to store or transmit them; and (IV) the suitability of the Services to your needs or their uninterrupted, secure and error-free availability. No advice or information, in oral or written form, obtained from the ProClubs Entities or through the Services, shall create any warranty or assertion not expressly contained herein.

Limitation of Liability

If you reside outside of the European Union, EFTA States or the United Kingdom, including if you live in the United States, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROCLUBS ENTITIES WILL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, SUFFERED DIRECTLY OR INDIRECTLY, NOR FOR ANY LOSS OF DATA, USE OR CUSTOMERS NOR ANY OTHER INTANGIBLE LOSSES, ARISING FROM (I) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF A THIRD PARTY IN THE CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT ON THE PART OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE PROCLUBS ENTITIES EXCEED ONE HUNDRED FRENCH EUROS (€100.00) OR THE AMOUNT YOU HAVE PAID TO PROCLUBS, IF APPLICABLE, DURING THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE COMPLAINT, THE HIGHEST AUTHENTIC AMOUNT. THE RESTRICTIONS IN THIS SUBSECTION SHALL APPLY TO ANY BASIS OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER THE ENTITIES PROCLUBS HAVE BEEN ADVISED OR NOT OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF IT APPEARS THAT A REMEDY PROVIDED HEREIN HAS NOT FULFILLED ITS ESSENTIAL PURPOSE.

If you reside in the European Union, EFTA States or the United Kingdom, you agree that by using the Services, the liability of ProClubs, its parents, affiliated entities, associated companies, officers, directors, employees, agents, representatives, partners and licensors is limited to the maximum extent permitted in your country of residence.

6. General provisions

We may modify these Terms at any time. These modifications will not be retroactive and our mutual relationship will in any case be governed by the most recent version of these Conditions. Except for changes related to new features or made for legal reasons, we will alert you 30 days before any changes are made that affect the rights or obligations of any party to these Terms. This alert will be made, for example, by a notification from the Service or an e-mail sent to the e-mail address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by these Terms.

If you reside outside the European Union, EFTA States or the United Kingdom, including if you live in the United States, the laws of the State of California, excluding its provisions on the choice of applicable law, will govern these Conditions and any dispute arising between you and Proclubs. All disputes relating to these Terms or the Services will be brought exclusively in the French courts, and you agree to submit to personal jurisdiction and waive any inconvenient forum objection.

If you are a federal, state or local government entity in the United States using the Services in your official capacity and legally unable to agree to the above provisions regarding applicable law, jurisdiction or court, such clauses do not concern you. For such French government entities, these Terms and any related actions relating thereto will be governed by the laws of Switzerland.

In the event that any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. The fact that ProClubs does not request the execution of any provision or right under these Conditions shall not be construed as a waiver of such provision or right.

If you reside outside the European Union, EFTA States or the United Kingdom, including if you live in the United States, these Terms constitute an agreement between you and ProClubs If you have any questions regarding these Terms, please do not hesitate to contact us (help@proclubs.app). If you are located in the European Union, EFTA States or the United Kingdom, these Terms constitute an agreement between you and ProClubs. If you have any questions regarding these Terms, please do not hesitate to contact us (help@proclubs.app).

These conditions of use are subject to change, remember to consult this page regularly.

Last updated: 03/12/2024.