Terms of use | Mobile Soccer Academy

Terms of use

Mobile Soccer Academy
Terms of Use

These terms of use were updated on 15.12.2014.

By using the mobilesocceracademy.fi website (“Website”) and the services provided on, from or through the Website (collectively the "Service") or by registering as a user of the Service, you accept the following terms of use (the “Agreement” or the “Terms”).

The Service is made available by Mobile Soccer Academy Oy, a company registered in Finland (business ID 2360758-5) with registered address at Tasankotie 10 E 18, 00730 Helsinki, Finland (“MSA”). These Terms constitute a binding agreement between you and MSA. A description of the Service and information on system requirements, functionalities and interoperability of the Service are available on the Website.

These Terms shall also apply to your use and installation of any possible applications or software relating to the Service, which may be downloaded by you from the Website or from third-party partner websites or platforms. Additional terms and conditions may apply to your use and installation of the applications.

Using the Service is governed also by our Privacy Policy, which is incorporated into these Terms by this reference. In the event of inconsistency between these Terms and the Privacy Policy, these Terms shall prevail.

1 REGISTRATION

In order to access the Service, you will have to register to the Service and purchase a subscription to the Service (“Subscription”). MSA offers different types of Subscriptions containing different Service functionalities and amounts of user licenses as set out on the Website.

When registering to the Service, you must provide such registration and other information to MSA as requested by MSA from time to time. If you register as a company, association or any other legal entity you confirm that such entity and each person using the Subscription of such entity accepts these Terms. BY REGISTERING A COMPANY OR OTHER LEGAL ENTITY, THE REPRESENTATIVE REGISTERING THE COMPANY PERSONALLY REPRESENTS AND WARRANTS THAT THE SUBMITTED INFORMATION IS TRUE, ACCURATE AND COMPLETE AND THAT THE PERSON REGISTERING A LEGAL ENTITY IS AUTHORISED TO BIND THE ENTITY INTO THIS AGREEMENT.

If you register as a private person, by agreeing to these Terms, you confirm that you are at least 18 years old or that you are at least 13 years old and have the legal capacity to accept and be bound by these Terms and/or have obtained your legal guardian’s consent where necessary. Any access to or use of the Service by anyone under 13 is expressly prohibited. You also warrant that any registration information that you submit to us is true, accurate and complete.

It is your responsibility to keep your user name and password used for registering to the Service confidential. The user name and password are personal and may not be transferred or disclosed to any third party. You undertake to notify MSA immediately of any known or suspected unauthorised disclosure or use of your user name and password. Until receipt of such notification by MSA, you are responsible for all use of your user account.

2 USE OF SERVICE

MSA hereby grants to you a personal, revocable, limited, non-exclusive and non-transferable right to use the Service during the term of this Agreement, subject to and limited by the type of your Subscription. All Intellectual Property Rights in and to the Service are and shall at all times remain the sole and exclusive property of MSA and/or any relevant third parties. Nothing in this Agreement shall constitute a transfer of any Intellectual Property Rights of MSA or any third party to you. All rights not expressly granted to you herein shall be retained by MSA. For the purposes of this Agreement “Intellectual Property Rights” shall mean copyrights and other similar rights and related rights (including database and catalogue rights), patents, utility models, trademarks, trade secrets, know-how and any other form of registered or unregistered intellectual property rights as well as any applications for any of the foregoing.

You understand that MSA is continuously developing the features and the functionality of the Service. MSA may, from time to time, under its sole discretion, modify and update the Service or a part thereof and may cease to provide the Service in whole or in part. The Service may also be temporarily unavailable for maintenance or other reasons.

You agree to use the Service only pursuant to these Terms and in compliance with any and all applicable laws and regulations, and not to reproduce, modify, translate, distribute, sublicense, or create derivative works based on, the Service. You also agree not to (i) reverse engineer, decompile, hack or disassemble the Service, except as expressly permitted by law; (ii) access the Service through any technology or means other than the Website or other means explicitly authorized by MSA from time to time; (iii) engage in any illegal or unauthorized conduct on or through the Service. You agree to comply with all applicable export control laws and regulations in the US and elsewhere.

You are responsible for obtaining the equipment, connections and software required for using the Service. If changes in the Service made by MSA require changes in your equipment, connections or software, you are responsible for making such changes at your own expense.

3 CUSTOMER DATA

You shall be solely responsible for the content you upload to the Service (“User Content”). You warrant that you own or have the necessary licenses, rights, consents, and permissions to upload your User Content to the Service and that the User Content does not violate applicable law or the intellectual property rights of others. You agree not to submit to the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material.

For sake of clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to the Service, you grant MSA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use the User Content in connection with the Service.

MSA does not monitor or review the User Content, but reserves the right to remove any User Content for any reason, including but not limited to User Content that violates these Terms.

You agree to indemnify, defend and hold MSA (and its subsidiaries, affiliates, officers, employees, agents, partners or licensors) harmless from and against any and all claims, demands, damages, losses and expenses (including but not limited to reasonable legal fees) made by other users or any third party due to or arising out of any acts by you, including but not limited to any User Content submitted by you, in connection with using the Service. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

In case the User Content contains any personal data of third parties to the Service, you (or the entity you represent) act as data controller of such personal data.

We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.

4 FEES AND PAYMENT

The fees applicable to using the Service are made available at the Website. Fees may vary in different territories and for different customers and Subscriptions.

By purchasing a Subscription, you authorize us to charge you a recurring subscription fee either through automatically billing your credit card or against invoice issued by MSA as described on the Website. The subscription fee will be billed at the beginning of the agreed billing period of your Subscription and each billing period thereafter unless and until you cancel your Subscription. The cancellation will take effect on the day after the last day of the current billing period. We will not refund any subscription fees already paid to us.

MSA may change the fees charged for the Subscriptions from time to time and will notify such changes to you in advance. By continuing to use the Service after such price change, you accept the amended subscription fees.

5 NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MSA MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICE, AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ITS QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY, MERCHANTABILITY, SECURITY, RELIABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

DEPENDING ON YOUR COUNTRY OF DOMICILE, THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION DOES NOT LIMIT MSA’S STATUTORY LIABILITY FOR DEFECTS IN THE SERVICE OR DELAYS IN DELIVERING THE SERVICE OR YOUR STATUTORY REMEDIES FOR SUCH DEFECTS OR DELAYS UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS.

6 LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MSA OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER OR NOT MSA KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

DEPENDING ON YOUR COUNTRY OF DOMICILE, THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION DOES NOT LIMIT YOUR STATUTORY RIGHTS AS A CONSUMER TO CLAIM DAMAGES FOR DEFECTS IN THE SERVICE OR DELAYS IN DELIVERING THE SERVICE UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS.

7 TERM AND TERMINATION

These terms and conditions come into effect when you accept them and they are in force until further notice.

MSA may terminate this Agreement at any time with a one month prior notice. You may cancel your Subscription at any time, and you will continue to have access to the Subscription through the end of your billing period whereupon the Agreement will be terminated. You will not be refunded any payments you have made prior to termination for the use of Service.

For consumers in the EU: By purchasing a Subscription, you give your consent to the immediate digital delivery of the Service to you by MSA. Upon being granted access to the Service you lose your right as a consumer to withdraw from the Agreement within 14 days and therefore your purchase of a Subscription cannot be withdrawn by you.

8 COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 ("DMCA"). If you see any material on the Service that in your good faith belief may infringe someone's copyright, you may notify us by e-mailing us at info@mobilesocceracademy.com and by inserting "Copyright" in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information: (i) the identity of the original copyrighted work that you claim is infringed or - if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed; (ii) a sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work; (iii) your contact information, including your full name, mailing address, telephone number, and email address, if available; (iv) a statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and (v) this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed"; and (vi) a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.

9 MISCELLANEOUS

Links to Third Party Websites. The Service may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third-party and do not have control over any materials made available therein. Our inclusion of a link to a third-party website does not in any way imply our endorsement, advertising, or promotion of such websites or any materials made available therein. By accessing a third-party website you accept that we do not exercise any control over such websites. We have no responsibility for such third-party websites. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.

Governing Law and Dispute Resolution. Unless otherwise required by a mandatory law, this Agreement shall be governed by and construed in accordance with the laws of Finland, without reference to its conflict of laws or private international law provisions. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. All disputes that cannot be solved amicably shall be settled by the district court of Helsinki, Finland, unless otherwise stipulated by mandatory law. As a Finnish consumer, you may always initiate proceedings in the court of your domicile or refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi for instructions).

Force Majeure. A party shall not be deemed to be in breach of this Agreement as long as its failure to perform any of its obligations hereunder is caused solely by labour disturbance, fire, act of war or nature, information network or telecommunication network malfunction, government order or any other, similar cause beyond the party’s reasonable control. If such event persists for over one (1) month, a party may terminate this Agreement immediately upon written notice to the other party.

Assignment. Unless expressly agreed otherwise herein, neither this Agreement, nor any interest hereunder shall be assignable by either party without the prior written consent of the other party. Notwithstanding the foregoing, MSA shall be entitled to assign and transfer this Agreement as a part of a sale of its business operations pertaining to this Agreement or a part thereof.

Amendments. MSA reserves the right to change the Terms of this Agreement from time to time in its sole discretion in which case the revised Terms will be notified to you by posting them on the Website. If you are an existing user of the Service, by continuing to use this Service following such changes you agree to be bound by the amended Agreement after a period of one (1) month from the date of notice.

Entire Agreement. These Terms, any applicable additional terms included in the Service, and any documents expressly incorporated by reference herein (including MSA Privacy Policy), contain the entire understanding of you and MSA, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.

Waiver and Severability. Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity of the remainder of this Agreement shall not be affected.

Contact information. Should you have any questions or complaints, you may contact MSA at info@mobilesocceracademy.com or by sending us a letter at Tasankotie 10 E 18, 00730 Helsinki, Finland.

Privacy Policy
Last updated: 2014.12.15
I. Introduction
We at Mobile Soccer Academy Oy (“we,” us”) think that privacy and the protection of personal data are a very important element of the user experience of mobilesocceracademy.com and of any related services or applications (the “Service”), as described in our Terms of Use.
In this Privacy Policy the term “personal data” means information that relates to an identified or identifiable natural person, which we collect to our client register. This Privacy Policy tells you about the ways in which we protect your privacy and personal data we process about you. This Privacy Policy constitutes a description of the data file of the users of the Service as set out in the Finnish Personal Data Act.
We know that you, the user of the Service, are concerned about how we use and disclose personal data. We are dedicated to openness regarding the ways in which we use and disclose personal data, and we are committed to complying with data protection and privacy laws that apply to us. Importantly, we want to give you control over personal data that we process about you when you use the Service.
We may use third party service providers for processing of personal data in relation to offering the Service to you.
We wish to remind you that this Privacy Policy applies to personal data that we process when you use the Service. It does not apply to any links to third parties’ websites and/or services that you may encounter when you use the Service. We encourage you to carefully familiarize yourself with privacy policies applicable to any websites and/or services operated by third parties. Please be aware that we are not responsible for the privacy practices of any third parties.
By using the Service, you accept the privacy practices described in this Privacy Policy.
In the event of any conflict between the Terms of Use of the Service and this Privacy Policy, the Terms of Use shall prevail.
II. The Data We Collect
The personal data is primarily collected from you as information voluntarily provided to us, but also from external sources or through automated means. In this Section II we describe in detail the personal data we collect.
(i) Data You Provide to the Service
We may collect the following information from our users (“Users”, “you”) that may, in certain circumstances, constitute personal data:
• Username;
• Password;
• E-mail address;
• Address;
• Phone number;
• Name;
• Business ID or personal identity number;
• Billing and payment information;
• Product and order information;
• Client contacts and feedback;
• Information concerning the use of the Service;
• Information necessary for communications;
• Permits and consents; and
• Other data obtained under the User’s consent

(ii) Data Collected from Other Sources
We may also collect personal data, where lawful to do so, from public sources and third party service providers.
(iii) Data Collected Automatically
The Service may automatically collect the following information from Users of the Service that in certain circumstances may constitute personal data:
• The logging technology used in the Service automatically collects the URL of the site from which you came and the site to which you are going when you leave the Service. We also collect the Internet protocol (IP) address of the device you use to access the Service, information about the operating system of your device, as well as the name of your Internet service provider.

• We may place a “cookie” on the hard drive of the device that you use to access the Service. Cookies are text files that are saved on the hard drive of your device by means of your browser, enabling us to recognize your browser. Most of the currently available browsers give you the option of managing cookies by, for example, disabling them entirely, accepting them individually, and deleting saved cookies from your hard drive. We would like to remind you that if you completely disable cookies on your browser, you might not be able to use some features of the Service.

• Google Analytics is an element of the Service. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the website, the Internet Protocol address, and the type of operating system used in the devices used to access the Service. By using a browser plugin http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.
Moreover, details of transactions you carry out through the Service, and details of your visits to the Service including, but not limited to, traffic data and other communication data may also be collected.
III. The Purposes for Which We Use the Data
We use the collected data described in Section II for the following purposes:
• To manage and develop the client relationship;
• To provide and develop the Service;
• To prevent and investigate fraud and other misuses;
• To protect our rights and/or our property;
• To operate and improve our products and services;
• For marketing;
• For payment control;
• For analytics and statistics;
• For opinion and market research;
• To personalize user experience; and
• For other comparable purposes.
IV. How We Disclose Data
We do not sell, lease, rent or otherwise disclose the personal data relating to our Users to third parties unless otherwise stated below.
The personal data collected in the Service may be disclosed to the following categories of third parties:
• To service providers, such as payment processors, which enable us to provide the Service to you;
• To public authorities, such as law enforcement, if we are legally required to so or if we need to protect our rights or the rights of third parties; and
• To our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the Service and their advisors in connection with a corporate merger, consolidation, restructuring, or the sale of substantially all of our stock and/or assets, bankruptcy, or other corporate reorganization, in accordance with this Privacy Policy.
Moreover, we may disclose information to third parties in an aggregate format that does not constitute personal data and does not allow the identification of individual Users.
V. Your Rights
You have the following rights with respect to the personal data we hold about you:
• The right to know what data we hold about you: If you would like to know what personal data we hold about you, you can approach us with a written request using the address below. We seek to swiftly respond to your inquiry. We may charge a small processing fee if less than twelve (12) months has passed since your last inquiry relating to personal data we hold about you.

• The right to have incomplete, incorrect, outdated, or unnecessary personal data corrected, deleted, or updated. The easiest way to correct, delete, or update the personal data you have provided to the Service is to log in to the Service and enter the necessary changes there. If you have additional questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us using the address below.

• The right to opt out of receiving electronic direct marketing communications from us: All electronic direct marketing communications that you may receive from us, such as e-mail messages and SMS-messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at using the address below.
VII. Data Security
We take reasonable measures to protect personal data about you from unauthorized access or against loss, misuse or alteration by third parties. Despite these efforts to store personal data collected in and through the Service in a secure operating environment that is not available to the public, we cannot guarantee the security of personal data during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of personal data, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to personal data. We do not warrant or represent that personal data about you will be protected against, loss, misuse, or alteration by third parties.
VIII. Transfers of Personal Data outside European Union or European Economic Area
We do not transfer any personal data outside EU/EEA.
IX. Children’s Privacy
The Service is not intended for users younger than thirteen (13) years of age. We do not intend to collect any personal data from children under thirteen (13) years of age. See our Terms of Use for additional information.
X. Changes to the Privacy Policy
From time to time we may change this Privacy Policy. You can tell when changes have been made to the Privacy Policy by referring to the “Last Updated” legend at the top of this page. We encourage you to review this Privacy Policy regularly for any changes. If we materially change the ways in which we use and disclose personal data, we will post a notice in the Service and send an e-mail to our registered Users. Your continued use of the Service following any changes to this Privacy Policy constitutes your acceptance of any such changes made.
XI. Questions or Concerns?
Should you have any questions regarding this Privacy Policy, your privacy as it relates to the use of the Service, or the protection of the personal data we hold about you, please contact us via e-mail at info@mobilesocceracademy.com or by mail at Tasankotie 10 E 18, 00730 Helsinki, Finland. We seek to swiftly resolve any concerns you may have.