TERMS OF SERVICE
Thank you for choosing “The Athletic Scholarship Guide” (“ASG”), created by “Monaco Sports” (“MS”, “us” or “we”). Please read through these Terms of Service (“TOS”) carefully before you create an account with us and/or use The Athletic Scholarship Guide. Use the ASG website will be deemed an acceptance of this TOS.
I. CONTRACT OF PURCHASE & PAYMENT
Our TOS represents a binding contract between you and MS, and by creating an account or using The Athletic Scholarship Guide (“ASG”), you expressly agree to be bound by them. If you do not agree with our TOS then you may not use or purchase ASG. You agree to have invoices sent to you electronically. Electronic invoices will be delivered to in the form of an email. All prices include applicable sales tax. The purchaser can pay the purchase price of ASG with either a credit card or with PayPal.
To be allowed to purchase and/or use ASG, you must (a) be at least 18 years old, or at least 14 years old with the consent of a parent of guardian who will be held accountable if the TOS are not adhered to (b) have the capacity to enter into legally binding contracts (c) have a place of residence in the country of purchase. You guarantee that any registration information you provide to be true, accurate and complete.
II. ACCOUNT & LOGIN DETAILS
The authorization of use for ASG is only valid for use by you, and you alone, the purchaser. Sharing any of the information contained within ASG with other persons is strictly forbidden. This includes the sharing of login details (username and password), as well as making the information contained with ASG available to third parties in any form. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for activities that occur under your account or password. You should take all the necessary precautions to ensure that your password stays a secret and kept hidden. If you believe someone has gained unauthorized access to your password and/or account then it is your responsibility to inform us of such without delay. It is your responsibility to ensure that any details and information that you provide us are true, correct and complete, as well as informing us if any of the information you have provided changes in the future.
III. RESTRICTIONS AND PROHIBITED USES
We are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our product and services. Except with our express written permission, you shall not:
- Attempt to impersonate another person or use another person’s account;
- Violate or attempt to violate ASG’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of our systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy ASG;
- Use ASG for the purpose of creating a product with a substantially similar look, feel or design;
- Interfere with others’ use and enjoyment of ASG;
- Use ASG or any trademarks, trade names, service marks, copyrights, or logos of MS, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
We reserve the right to refuse service, terminate accounts, remove or edit content at our own sole discretion. Examples that would warrant the termination of services include, but are not limited to, the infringement of the TOS and/or any applicable laws or guidelines. You may also be subject to civil or criminal penalties.
The duration of service depends on the chosen option in each instance of purchase and can either be for 3 or 30 days. Each option can be extended. The duration of service does not extend automatically at the end of the purchased term/option.
If you are a resident in Germany then after purchasing ASG the following termination conditions apply:
Right of withdrawal
You have the right to withdraw from your contract within 14 days, without the need to supply a reason of withdrawal. To exercise your right of withdrawal, you must contact us (Monaco Sports, Seidlstr. 8, 80335 Munich, Germany, Email: email@example.com) with a signed letter by post, fax or email, informing us of your decision to withdraw from the contract. You may use the standard withdrawal form we have made available through our website, however this is not mandatory. To meet the cancellation deadline, it is sufficient that you communicate with us before the deadline that you are planning on withdrawing from your contract.
Consequences following termination
If you choose to terminate the contract between yourself and MS, any payment we have received from you will be delivered back to you without delay. At the very latest you will be reimbursed 14 days after we receive your letter of termination. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly ask for otherwise. If either case, you will not be charged any extra fee.
If you started using the services during the withdrawal period, you will be required to pay us a partial amount of the total. This partial amount will be calculated from the date of purchase, up until you inform us that you wish to withdraw from the contract.
If a contractual relationship existing between you and us (MS) needs to be revised, amended or an inquiry needs answering, we will collect and use personal information about you to the extent necessary for those purposes (inventory data). We collect, process and use personal data to the extent necessary to enable you to use the web offering (user data). All personal data is stored for only as long at is required for this purpose (processing your request or the confirmation of a contract). Here, tax and commercial law retention periods will also be considered. By the order of certain authorities, we may be required to disclose this personal data (user data), for the purposes of law enforcement, national security, to fulfill the statutory duties of the constitutional protection authorities or the military or for the enforcement of intellectual property rights.
We point out that data transmission over the Internet can be a security risk and complete protection of data against unauthorized access by third parties is not guaranteed.
Right to information:
You have the right at any time, free of cost and without delay, to inquire about your personal data. You have the right to withdraw your consent given to use your personal data at any time. For more information please contact us using the details in provided under our site notice.
VII. ELECTRONIC COMMUNICATIONS
When you use our service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
VIII. COPYRIGHT AND DATABASE RIGHTS
All content provided by ASG including but not limited to: text, graphics, logos, button icons, images, clips, and data collections, are property and proprietary know-how of MS or third parties. Supplying to others or making this content available on other websites is protected under German and international copyright and database law. The content which is provided through the ASG, is also exclusive property of Monaco Sports and is protected by German and international copyright and database law.
You may not, without express written consent from MS, systematically extract, store and / or reuse parts of ASG. In particular, without express written consent from MS, you may not use any data mining, robots or similar data gathering and extraction programs whether once or many times. You may not remake and / or publish the essential parts of ASG in a database of your own creation, without the express written consent of MS.
IX. DISCLAIMER OF WARRENTIES AND LIMITATION OF LIABILITY
We make every effort to ensure that ASG is available without interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Access to ASG may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new features or services. We try to limit the frequency and duration of any such temporary interruptions or restrictions. MS is liable, if by an intentional or grossly negligent breach by MS itself or a legal representative or agent of MS, damage was caused. Furthermore, MS is liable for negligent breaches of obligations, which hinders the proper execution of the contract. However, in this case MS is liable only for foreseeable and typical damage. MS is not liable for the negligent breach other than those mentioned in the preceding sentences obligations. If the liability of MS is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
X. ALTERATION OF TMG SERVICE OR OUR TERMS OF SERVICE
We reserve the right to change the TOS and the service provided by ASG at any time. From time to time you should check the TOS to be aware of any changes. You are subject to the terms and conditions, contract terms and conditions of use that were in effect on the date on which you employed the services of MS. If any of the terms are held to be invalid, void, or for any reason unenforceable, these rules shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
XI. NO WAIVER
If you violate these TOS and we do not react immediately, we still reserve the right to make use of our right to react, at any time in the future.
XII. APPLICABLE LAW
So long as the mandatory laws of the member states of the European Union or other applicable jurisdictions do not apply, for the purpose of this agreement, German law will apply; but without the provision regarding international privacy laws.