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Term of use

Welcome to the Website thefundingsport.com (“Site”) please read these terms of use carefully (“Terms of Use”) before using the site.

 

Foreword

The Site is owned, managed, maintained and updated by THE TALENT PLACE SRL (TAP) with registered office in Milano, Via Cappuccini n.14 VAT code number 08318210963, Company’s Register registration number and Tax Code 08318210963, e-mail [info@thefundingsport.com].
These Terms of Use govern access and use by the user ("User” or collectively the “Users”) of the Site.
The Site utilisation by the User implies full acceptance of these Terms of Use, as well as express acknowledgement that these are binding. TAP expressly reserves the right to change and/or amend these Terms of Use. The Site use after such changes or integrations implies acceptance of the same by the User:
  • the company recommends that users periodically check the Terms of Use;
  • the Company will define the procedures for accessing to services and reserves the right to improve them at any time, in order to increase their efficiency;
  • the company expressly reserves the right to make the Site off-line anytime and without prior notice;
  • the company informs Users that they should refer to the Italian texts;
  • translations into other languages ​​are an additional service given in bona fide. However, in case of any ambiguities between the Italian and the translated versions, the Italian one will prevail over any translated version.
The Web site can be used by persons who have already turned eighteen.
 Premises are an integral and substantial part of these Terms of Use.
 

Registration

It’s possible to browse the website and to read its contents without registering; however, for using certain services, it will be required to register and to choose a password and auser ID. User shall provide to the website accurate, complete and up to date information. Otherwise, it constitutes a violation of the Terms of Use, which may result in the immediate annulment of the User's account.
Useris not allowed to: select or use a user ID or a domain name belonging to another person, with the intent to impersonate that person; use User ID or the domain name of a person, who is not the actual user, without the necessary authorization; use a user ID or a domain name that is offensive, vulgar or obscene.
The company can disclose your personal information to business partners and use them for sending communications as required by law, for information on new services, and for surveys to improve them.
 

Obligations and prohibitions of the User

Users responsible for his confidential data which are stored on the site as well as for his password, that should remain confidential; he also must respect the law and the basic principles of data-processing law. User will have to act transparently in order to avoid possible misunderstandings; he will not discredit or compromise in any way the quality or the functionality of the platform. It’s required to the User to manually enter data into the platform, avoiding any automatic devices.
He’s also responsible for all the activities related to service’s personal use, so he commits to not use the service for purposes which are not permitted.
User shall not interfere or try to interfere with the proper functioning of the service, or with any carried out activities on the same (such as: acting and / or behaving in a way that may change and / or limit access to the service, or to other accounts, computer or networks which are connected to the service). User agrees not to decipher, decompile, disassemble, decode and also not try to extract secret codes and / or confidential ideas or algorithms from any part of the Service, except to the limited extent permitted; he commits not to modify, translate or create derivative works from any part of the service, or to copy, rent, lease, distribute or transfer any right.
They must also comply with all local, state and international regulations.
 

Service offered by TAP 

 TAP offers through the Site a Web platform allowing Users that registered an account on the Site (“Registered Users”):
 
  • acting as the project promoters (sport clubs), to receive contributions from third-party lenders in order to realise their projects;
  • acting as supporters, to promote sports business projects, presented on the web.
 

Use of the website 

Users agree not to use the materials and the information contained in this Site (from now onwards: “Content") with illegal intents which are specifically prohibited in these terms of use.
It is prohibited: to use the name of the Site and / or of the Company; to duplicate material or links on this website for commercial purposes; to spread viruses or use any other technology, designed to damage the site, the interests or the property rights of users; to copy manually or automatically or to gather in any way information about users, including their email addresses, without their consent; to send via post or by telematics information present on the website, that may be offensive, defamatory or considered illegal; to use software and programs that may damage the website; to conduct operations of  “spamming" (i.e. sending unsolicited e-mails for commercial or different purposes) and to undertake any other activities that may compromise the use or the enjoyment of this website by anyone else.
(Users also undertake: to not take any actions that may cause an unreasonable overloading of the technological infrastructures on the website and that may interfere with its proper use; to not violate the privacy of other website users; to not disclose any information which can be considered a calumny, a threat, an insult or any other information also punishable as criminal matters. They agree on not transmitting, distributing or publishing any content like: child-pornography, pornography, sexual or that may cause damage or disturbance to people on the network and / or to third parties and / or to the Company or which generally violate and / or incite others to violate the laws and regulations or the provisions legitimately issued by the Public Authority. They commit to not communicate, distribute, publish and encourage initiatives related to gambling, prize events, games whose purpose is purely commercial and which require participation that cost money and / or authorization from the Autonomous Administration of State Monopolies; to not infringe the copyrights belonging to others; to not use any tool to access the website and to not collect contents and information for any purpose without the Company’s consent; to not remove any sponsorship banners or other material published by the Company in any section of this site).
 

Rates and payments

  • Access to the service offered by Company is free;
  • at the end of the collection period, the Service will retain a percentage, equal to 5 % of the total amount;
  • each service will be paired with its the relative price, which you can review, and agree to the quantification. The rates to be charged may vary from time to time. These changes are effective after being published with an adequate notice on the website;
  • Company may temporarily change the fees for the offered services, related to promotional events or to new services;
  • Users are responsible for payment of all applicable fees and taxes, concerning the website use.

In the event that the published project on thefundingsport.com will reach the eligibility criteria, the designer will receive, within 30 days from the publication’s closing date, the collected amount, net of Company’s operating costs (5 % of the figure), of transaction costs depending from the used payment system, of VAT and of withholding tax, when due.
The below listed transaction costs will be on the designer’s charge, and then deducted from the collected amount within the releasing time of the project.
 

Stripe payment system

  • 1.4 % + 0.25 € on payments made with European cards;
  • 2.9 % + 0.25 €  on payments made with non European cards.
In the days following the end of the project, in case of reaching the eligibility criteria and after providing the documentation that may be possibly required according to the European anti-fraud and anti-money laundering regulations (Know Your Customer - KYC rules), the collected amounts (net of management fees, equal to 5 % of the VAT transaction costs if due and the possible withholding tax) will be credited to the account specified by the designer.
For more details visit stripe.com
Company will also provide the designer with the list of supporters who have acquired the right to get the "reward", with the data required.
 

Website reserved content and intellectual property

 
This website and all the contents hosted on Company, such for instance: logos, trademarks, images, icons, graphics, photographs, illustrations, texts, videos and audio-visual materials in general, sounds, songs and software, are owned by the Company or by its licensors. The website and its contents are protected by national and international laws for as concerns copyright, trademarks, designs and models, software protection, domain names and / or other intellectual and industrial property rights.
Company does not have any ownership rights on their content, but will need explicit permission from the inventor, in order to be able to host on the site such products.
The right to make the designed product available on the website, is then granted to "Company", in order to allow the use, acceptance, exposure; to perform the service in the name of its designer and in any case to allow you to visualise, sell, distribute and useits content differently, together with all the associated works, copyrights, or metadata, including, without limitation: photographs, graphics and descriptive text related to the Service. This is to allow other users the flow, transmission, reproduction, view, distribution and collection of the works.
The website users can not reproduce (except for purposes related to personal use and within the limits provided by the current applicable laws), publish, communicate to the public with any means, transmit, perform, portray, distribute, exhibit, remove, delete, add or change in any other way the website or its contents, neither create works inspired by them or derived from the same, commercialise the website and / or the content and / or take an active part in their marketing operations.
Presenting material on the website or differently using the Service, users expressly acknowledge: that they will be identified publicly with the user ID associated with any submission in question; that they grant Company the right to use the provided material for reproducing, distributing, preparing derivative works, exhibiting products pertaining users’ contribution according to the website, and this will be without limitation for promoting or redistributing some parts of the website or all of it, without excluding any means and / or channels.
User:
  • during his data request process, necessary for dispatching the reward, may choose between entering his name or a third party’s, and through a flag, to allow or deny the publication of his data;
  • you further agree that the use or other exploitations of these user submissions by Company do not infringe the rights of third parties, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, any other intellectual property or proprietary rights;
  • moreover, User shall not interfere or try to interfere with the proper functioning of the service, or with any carried out activities on the same (such as: acting and / or behaving in a way that may change and / or limit access to the service, or to other accounts, computer or networks which are connected to the service);
  • User agrees not to decipher, decompile, disassemble, decode and also not try to extract secret codes and / or confidential ideas or algorithms from any part of the Service, except to the limited extent permitted; he commits not to modify, translate or create derivative works from any part of the service, or to copy, rent, lease, distribute or transfer any right.
 

Links to third party sites and links of third parties to the Site 

Web pages comprising the Site could allow access - through dedicated hypertext links (hereinafter also the “Links”) - to other web sites or Internet resources. 
The Company may not be held liable for the actual accessibility of third party sites connected through the Links, nor for any damages, which could affect Users in relation to contents or materials or services offered or obtained by Users through such web sites. 
 

Exclusion of Warranty 

The User expressly acknowledges and accepts that the Site and Contents are provided “as is” and “as available” at the time of use. TAP does not provide any explicit and/or implicit warranty in relation to their adequacy for specific purposes or use of Site and its Contents. 
The Company makes any efforts so that Contents and Site are accurate and updated. The Company reserves the right to change, supplement or eliminate part or all of the Site Contents at its own discretion and without prior notice. 
 

Limitation of Liability 

The Company may not be held liable for damages arising from the use of Site and Contents by the User, except for the provisions of applicable laws. 
Any Contents downloaded or acquired from or through the Site are obtained at absolute discretion and exclusive risk of the User. The User is only and exclusively liable for any damages to its own computer or for the loss of data arising from downloading such Contents or use of the Site. Through the use of the Site, the User commits to taking charge of all risks related to such use and to take on full responsibility for failure to use, loss of data and costs related to assistance and/or hardware and/or software repair used in relation to Site, and accepts not to hold Company liable in any way for any damages arising or caused by use of this Site or relating to it. 
The company is unrelated, not subject to any kind of responsibilities or obligations for as concerns any fiscal aspect, accounting and / or tax; in any ways not attributable to the management of the amount received by the authors of the project as an offered by supporters, as well as to the potential development of commercial projects or to the possible giving of gifts and / or rewards related to the receipt of these funds.
The Company may be held liable against non-consumer Users exclusively for damages caused by wilful misconduct or gross negligence. The Company is liable against consumer Users for the functioning of the Site and any damages caused by use of the Site attributable to Company. The Company is not liable in any case for damages of any type or nature that may arise from improper or incorrect use of the Site or Contents by the User, or by unauthorised access or change of transmissions or User data, or by statements or behaviour from third parties.
 

Delete Account

In order to delete his account and not to avail himself of the services offered by the website, User must follow the cancellation procedure, sending an email to this address: [ info@thefundingsport.comxx ] ) with the subject "Delete Account".­
As soon as the account will be deleted, the user profile and all its activities will become inactive and no longer visible; its sensitive information will be turned ​​anonymous.
 

Governing law and Jurisdiction

These Terms of Use are governed by Italian laws. For any dispute arising about interpretation, execution, termination of these Terms of Use, the Court of Milan has exclusive jurisdiction.
 

Approval of clauses ex art. 1341 and 1342 of the Civil Code (so called restrictive clauses).

Pursuant to and for the effects of articles 1341 and 1342 of the Civil Code, after carefully reading them, the contents of the following clauses are expressly approved: concerning the obligations, prohibitions and the customer's responsibilities, limitation of liability, termination clause, and place of jurisdiction.
 

Protection of Personal Data. Privacy Policy - References

The Company takes into account and pays utmost attention to the right of confidentiality of its Users. The Company conducts treatment of personal data in compliance with applicable laws and the provisions of its privacy notice accessible at the following link…. and which forms an integral and substantial part of these Terms of Use.
 

Final Provision

If one or more provisions of these Terms of Use are considered invalid or ineffective according to applicable laws, such invalidity and ineffectiveness will not affect the other provisions of these Terms of Use, which will remain valid and effective between TAP and the User. TAP retains the right to replace the provision or the provisions considered invalid or ineffective with other provisions in compliance with applicable laws. 
User agrees that the non-fulfilment of his obligations, stated in this document, constitutes grounds for the automatic interruption of the contract which entitles the Company to suspend the service provided. The Company reserves the right to take action against the User for compensation of the additional greater damage. 
 

Terms and Conditions of Service - Project Sponsoring for Sponsors

THE TALENT PLACE SRL (“TAP”) designed and realised a Web platform  “thefundingsport.com” (“Platform”) that allows users (“Sponsors”) to support sport projects (“Projects”) submitted by third parties (“Creators”) delivering cash contribution. The company that manages " thefundingsport.com " portal, has no responsibilities on this contract and it merely facilitates contact between the parties.
 
The Backer may access the Platform free of charge, select the Project or Projects of interest and send money contributions supporting them. More specifically, through accessing the dedicated section in the Platform, the Sponsor specifies the money amount it intends to pay in favour of the selected Project.

User, during his data request process, necessary for dispatching the reward, may choose between entering his name or a third party’s, and through a flag, to allow or to deny the publication of his data. This contract contains the contractual terms and conditions for subscription to the crowdfunding project, presented in this website. This contract is concluded between the supporter and the creator; the contract is made when the financial support is delivered, by acceptance of the project.

The contract between the supporter and the proponent is completed through the payment of a contribution in favour of the project and it’s subordinate to the following terms and conditions. Before the contract conclusion, the supporter receives the following information, clearly and understandably, which are all included in the published project:
 
  • Proponent’s identity;
  • project’s characteristic and potential amount of money that the designer intends to collect (so-called: Budget);
  • duration or time limits of the collection (so-called: Timing);
  • possible rewards, goods or services offered to supporters;
  • payment methods, goods delivery, service rendering and all the other forms of execution of the contract;
  • possible right of withdrawal or exclusion of the same, according to provisions of Article 55, paragraph 2, of the Consumer Code; as well as the procedures and timing for returning or collecting of the goods. Any request concerning the Proponent’s obligations and the rights of the Supporter based on the Consumer Code, will have to be addressed directly to the creator of the project. 
The contract relationship can be distinguished, according to one of the following legal frameworks, depending on project’s contents:
 
  • donation of a limited worth, considering the economic conditions of the donor;
  • modal donation of a modest value, given the economic conditions of the donor, where the creator assumes the burden to provide the supporter a reward.

The user can pay via:
  • Stripe.inc circuit (All credit cards, including prepaid cards such as -information related to credit cards is stored, encrypted by the payment gateway); 
  • bank transfer –payments by bank transfer can be carried out up to seven days before the end of the fundraising; 

The user authorizes TAP to withdraw the fund and to pay it on its own, in favour of the Creator of the Project, on the bank account he provided during registration; only and exclusively in case the amount required by the inventor will be reached (payment system “All or nothing”) or immediately within the period specified on the same platform (payment system “Keep it all”). In this case, TAP will retain, as compensation for the services“ Projects support” rendered to the creator, an amount equal to [ 5 ] % of the total amount paid by the Supporter.
 
Project “All or nothing”: only if the amount indicated by the Company will be achieved at the end of the Project.
 
Project “Keep it all”: whatever the amount reached at the end of the project.

The Company makes no warranties, regarding the performances or proper operations of Stripe.inc payment platform.
The value limits of individual donations made ​​by users are set in Euro _5____ (lowest limit). You can not donate a fractioned amount.
Each user can make more than one offer for supporting the same project or to support several projects, given the credit availability on their card and / or the availability on their Stripe account.
 
The creator who will receive the collected amount, at the end of the publication period of the project on the platform, will become its only owner. The donor should know that the creator will always receive the donations achieved, even if the initial desired budget has not been achieved, unless he doesn’t renounce.
 
The offer made ​​by the user is a mere act of generosity. With it,he only obtains the right to gain the so-called "Reward", promised by the inventor in exchange of the same. The "reward" is a good with a negligible value. By donating, user does NOT acquire any ownership rights or other property rights on the project which he supports; he also has no right to share in the economic exploitation of the project supporting as well as any intellectual property rights, trademark or patent or on the possible subsequent development of the project in the future. The Sponsor is also entitled to receive products or services (“Compensation”), if the money contribution paid is equal or higher than the thresholds specified in the Project factsheet and within the terms and conditions agreed upon by the Sponsor with the Creator. The Project factsheet will specify Compensation that may be rendered by the Creator in favour of each Sponsor, if individual contributions received reach predefined thresholds, as well as the amount of products or services that may be part of such Compensation. Compensation, if possible, considering nature of the same, may be deferred in time and/or subject to specific conditions. The Sponsor and the Creator autonomously agree on the execution terms and conditions of the Compensation, and TAP will not be involved in the legal relationship among them. 

All the documentation concerning the contractual relationship, will be preserved by the inventor in electronic format.
The Supporter's data will be transmitted to the inventor in electronic format at the time of contract conclusion and they may be modified or updated, writing to the Supporter's e-mail address. The creator must process Supporter’s personal data in accordance with local regulations.
The proponent must note that Xx platform exclusively represents a connecting facility between the offer supplied by the supporter and the project published from the inventor; therefore, there won’t be any sort of bond between the platform and the supporters as a result of the offer.
Nothing contained in these terms and conditions may be interpreted as a mediation, agency or professional relationship between TAP and the Backer.

The Talent Place Srl

Via Cappuccini, 14 20122 - Milano
Piva 08318210963 Numero Rea: MI - 2017273
tap@pec.thetalentplace.com

by Pianetaitalia.com