Terms and Conditions

1. INTRODUCTORY PROVISIONS

1. LinkBall is an application that brings together the entire football community, which allows its users to contact athletes, share their football achievements and exchange football experiences (hereinafter referred to as ‘LinkBall’). Our mission is to build a sports community and bring players, sports clubs and fans together. LinkBall aims to exchange experiences and connect people with passion. These Terms and Conditions (hereinafter referred to as ‘Terms and Conditions’) define the way of using LinkBall.  
2. LinkBall had been created by LinkBall spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: Szeligowska 32D/100, 01-320 Warsaw, NIP (tax identification number): 5223201519, REGON (state statistical number): 388792138, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS No 0000896344  (hereinafter referred to as ‘Creator), which owns exclusive intellectual property rights to LinkBall.
3. Terms and Conditions constitutes an agreement concluded between the Creator and a natural or legal person using LinkBall (hereinafter referred to as ‘the User’ or collectively “Users”) regarding the use of LinkBall by the User.
4. The use of LinkBall is free of charge, whereas during using of LinkBall Users may see advertisements of products and services provided by companies and organizations that pay LinkBall to display these advertisements.

2. USERS

1. User can choose one of three types of accounts:

1. Player's Account - allows you to share your football achievements, post photos, videos, reports, watch content shared by other Users and send them messages. Player's Account can be created by a person from the age of 13 years. For a player under the age of 13 (hereinafter referred to as ‘Minor Player’), the account can be created by legal guardians, and to set up such an account it is required to provide the legal guardian's data. A Minor Player cannot use LinkBall alone.
2. Fan's Account – created by fans, allows you to post photos, videos, reports, watch content shared by other Users and send them messages;
3. Organization's Official Account – created for sports clubs by their authorized representatives, allows you to post photos, videos, reports, watch content shared by other Users and send them messages;
4. Coach's Account - created by trainers, allows you to post photos, videos, reports, watch content shared by other Users and send them messages;
5. Scout’s Account - created by scouts, allows you to post photos, videos, reports, watch content shared by other Users and send them messages;

2. LinkBall enables Users to:

1. contact with other Users,
2. customize advertisements,
3. connect with players, sports clubs and fans.

3. LinkBall is available to anyone interested in sports, excluding persons:

1. under the age of 13 – for such people accounts can be created and administered only by their legal guardians;
2. convicted of sexual crimes;
3. who have been banned from holding positions, performing professions or activities related to the upbringing, education, treatment or care of minors;
4. whose account has been deleted or blocked as a result of violation of Terms and Conditions or generally applicable provisions of law;
5. who, in accordance with the law, cannot use applications that enable remote communication or the transfer of their data.

4. Users themselves decide with which of Users they contact and what accounts they follow. LinkBall's goal is to connect people with a common passion, moreover we believe that suggesting activity will help to create bonds and make friends, therefore LinkBall uses Users' data to suggest new contacts and new accounts to follow.
5. It is necessary to store Users' data and the content Users provide in systems operating globally, also outside the User's country of residence. The LinkBall data storage infrastructure is powered by Google Cloud - service provided by Google Asia Pacific Pte. Ltd.
6. LinkBall had been created to associate the football community, therefore its Users undertake to comply with the highest standards of behaviour, sports competition and good manners. In order to build a friendly community, Users should follow the provisions of Terms and Conditions, in particular, Users cannot:

1. share unlawful content that violates the rights of others, including intellectual property rights;
2. share content that violates the rules governing LinkBall, in particular Terms and Conditions;
3. share false content;
4. share misleading content;
5. share content not appropriate for children;
6. share content that contains viruses and other malware;
7. impersonate other people, pretend to be other people;
8. use a false identity;
9. create accounts for other people (except a family account where an adult who is the legal guardian creates an account for a minor);
10. use other people's accounts;
11. copy Users accounts;
12. commercialize the services provided by LinkBall without the explicit consent of the Creator;
13. monitor LinkBall for competitive purposes, including copying the appearance and functionality of LinkBall;  
14. gathering personal data from LinkBall in an automated manner without the written consent of the Creator;
15. violate the intellectual property rights of others;
16. violate the intellectual property rights of the Creator, including trying to recreate the source code of LinkBall.

7. LinkBall is not responsible for the content posted by Users (hereinafter referred to as ‘Content’) and does not verify it before the publication by Users, however LinkBall has the option of deleting or temporarily blocking the content or accounts of Users that violate generally applicable provisions of law, provisions of Terms and Conditions (in particular the provisions of points II.3 and II.6) and LinkBall’s Privacy Policy.
8. User shall be notified of deleting or blocking of the content provided by him.
9. LinkBall may notify the relevant state authorities, including law enforcement agencies, about the Content that violates provisions of law.
10. If the User believes that his/her account or the content shared by him/her has been deleted or blocked against to the provisions of Terms and Conditions or the provisions of generally applicable law, User may submit a complaint to LinkBall on e-mail adress: [email protected], or by letter to the correspondence address LinkBall spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: Szeligowska 32D/100, 01-320 Warsaw.
11. Access to information about or provided by Users may be restricted or may not be available to see by other Users, in particular, if it is necessary to avoid legal consequences with regard to LinkBall and Creator.
12. Users have access only to the data that was shared with them, attempts to access data inaccessible to Users are prohibited.

3. CONSENTS

1. By using LinkBall, the User grants a free, transferable, non-exclusive, including the right to sublicense, territorially unlimited license to use and process the content and data provided by the User (hereinafter referred to as ‘the License’). The License entitles to store, copy, publicly play or display, distribute, modify, translate and create derivative works based on them. The license is granted, inter alia, to make the Content available to other Users.

1. The License expires on the date the User delates the Content or the User’s account from LinkBall.
2. The User may at any time delete his account from LinkBall. By deleting the account from LinkBall the User delates all the content that has been shared by him and it will no longer be visible to other Users.
3. The Content provided by the User and his data will be removed from LinkBall at the time of deletion of the User’s account, except when it is technically or legally impossible or significantly difficult, in particular when:

1. the Content was used by others in accordance with the license – in such cases the Content will be delated when person who was using it accordingly to License delate it;
2. it is necessary due to the obligations or demands of state authorities, including courts, administrative authorities or law enforcement agencies – in such cases, the Content will be stored as long as it is necessary due to the obligations imposed on the Creator by state authorities.

2. By using the LinkBall, the User agrees to the use of his data, such as the User's name and surname, profile photo and information about his activities in LinkBall, including sponsored content activities, without remuneration.
3. The User also gives consent to share his image in the photos and videos constituting the subject of the License for the purposes of promoting and advertising LinkBall and events organized by LinkBall and its Creator. The consent to share the image of the User may be withdrawn by deleting the Users account.
4. By downloading LinkBall the User agrees to automatically download and install updates of LinkBall.
5. The deletion of the account means the termination of the contract concluded between Creator od LinkBall and User, except for points regarding:

1. grant a License;
2. delete the account;
3. limitation of liability;
4. disputes.

4. ADVERTISING

1. By using LinkBall Users agree to display advertisements, including profiled advertisements (for which Creator will receive remuneration from advertisers).
2. Advertisements may be displayed to a selected group of Users, which can be selected on the basis of Users' activity and the personal data they shared, including gender or age. Advertisers will be able to get reports on the effectiveness of their advertisements divided into specific categories of Users.
3. Advertisers do not have access to information that allows direct identification of Users without the express consent of the User.
4. LinkBall collects and uses Users' personal data, inter alia, to provide the services described in this section. Details regarding the protection of personal data and its use by LinkBall are included in point VI of Terms and Conditions and in LinkBall Privacy Policy.
5. Users can verify and change the settings options regarding the use of their data and advertising profiling at any time.

5. INTELLECTUAL PROPERTY RIGHTS

1. Intellectual property rights to LinkBall belong to the Creator. It is forbidden to copy the appearance and functions of LinkBall, also attempts to reverse engineer LinkBall's source code, as well as distributing similar applications are strictly forbidden
2. The Creator retain all intellectual property rights to the content posted by them on LinkBall including content that has been posted by the Creator on LinkBall and then made available by Users.  

6. PERSONAL DATA

1. Creator, being aware of the rights and obligations of Users, undertakes to comply with the requirements set out in applicable law on the protection of personal data, in particular in the Regulation of the European Parliament and of the Council of the European Union 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and the repeal of the directive, became applicable on May 25, 2018 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as „RODO”) and the Act of May 10, 2018 on the protection of personal data (Journal of Laws No. 2018 item 1000 as amended).

2. In order to protect the integrity and confidentiality of Users' personal data, Creator takes appropriate technical and organizational security measures specified in the provisions on the protection of personal data, taking into account both the development of technology, protecting against unauthorized or unlawful processing of personal data, as well as their accidental loss or destruction or damage.

3. Creator, in order to protect the integrity and confidentiality of User’s personal data takes appropriate technical and organizational security measures specified in the provisions on the protection of personal data, taking into account the development of technology, protecting against unauthorized or unlawful processing of personal data, as well as their accidental loss or destruction or damage.

4. Creator declares that it is the administrator of personal data in accordance with the definition set out in article 4 point 7 RODO and fulfils its obligations arising directly from the applicable legal provisions referred to in paragraph 1 above.

5. Detailed information on the collection and processing of data by the Creator is regulated by the Privacy Policy, which specifies:

1. address and contact details of the administrator of personal data,

2. description of marketing techniques used in LinkBall,

3. description of personal data protection measures applied in the Creator's database.

6. Detailed rules for the processing of personal data by the Creator specifying:

1. goals,
2. scope,
3. legal bases,
4. processing period,
5. information about recipients,
6. the rights of  Users,
7. profiling,

constitute an integral part of the Privacy Policy and in this form they fulfill the information obligation in accordance with the provisions of law specified in paragraph 1 above.

7. LinkBall stores the content and information entered by Users into LinkBall for the purposes described in the Terms and Conditions and the Privacy Policy, to the extent necessary to provide the service offered by LinkBall, in particular to enable Users to communicate and share content available to other Users.
8. By installing LinkBall, the User consents to the processing by LinkBall of User’s data and the Content provided by him. If the User does not consent to the processing of the data described in the above sentence, he/she should delete the User’s account and the LinkBall application from his device.
9. Users can download copies of their data stored in LinkBall at any time.

7. RESPONSIBILITY

1. LinkBall takes appropriate technical and organizational measures to ensure the security of the offered services, however, there are security risks that are beyond the possibility of LinkBall to prevent, such risks include, among others:

1. bad quality of service, bad internet connection quality,
2. the type and content of messages sent by Users,
3. use by third parties of the User account due to lack of security in the phone,
4. hacking attacks,
5. sending unsolicited commercial information (spam), software, malware, spyware, internet worms or attempts to break passwords by other Users (cracking or phishing), sniffing.

2. LinkBall takes the utmost care to keep security measures to protect Users, including securing the confidentiality, privacy and integrity of the information and data provided by Users, in particular by:

1. protection in the transmission layer (SSL certificate) of the login panel and User personal data entry;
2. encryption of Users' personal data in the LinkBall’s database;
3. access to the Users' personal database allowed only to authorized LinkBall’s employees or associates;
4. use of two-factor authentication (login + password), which is an additional form of protection for logging in to LinkBall. Moreover SMS notification - when authorizing the account in LinkBall;
5. periodically changing passwords and making regular backups.

3. LinkBall and Creator are not responsible for the actions of Users, in particular they are not responsible for the use of Users accounts in a manner inconsistent with the law or Terms and Conditions. LinkBall and Creator are also not liable for damages that could not be foreseen at the time of accepting the Terms and Conditions by the User and for force majeure and any other violation of Terms and Conditions or generally applicable provisions of law by Users.
4. If LinkBall will be an intermediary for Users to access services provided by third parties, LinkBall will not be liable for services provided by third parties, and these services will be provided on the terms specified by third parties.

8. JURISDICTION

1. Terms and Conditions are governed by Polish law.
2. Disputes arising from these Terms and Conditions will be resolved in accordance to Polish law by courts in the Republic of Poland competent for LinkBall. In addition, consumers residing in European Union Member States may refer a case to the European out-of-court online procedure available on the website: Internetowe rozstrzyganie sporów | Komisja Europejska (europa.eu).

9. FINAL PROVISIONS

1. Terms and Conditions may be updated to comply with applicable law and the functionality of LinkBall. Notification of changes to Terms and Conditions will be sent to Users at least 30 days before the date of entry into force of the new Terms and Conditions.  The above deadline may not be met, only if the change of Terms and Conditions is necessary due to generally applicable provisions of law. If the User does not agree to the change of Terms and Conditions, he should delete his account from LinkBall before the effective date of the new Terms and Conditions. Leaving an active account on the effective date of the new Terms and Conditions means its acceptance by the User.
2. If any part of Terms and Conditions becomes unenforceable or illegal, the remaining provisions of Terms and Conditions shall remain in effect.
3. Users may not transfer the rights and obligations arising from Terms and Conditions.
4. Rights and obligations arising from Terms and Conditions may be transferred by the Creator to third parties.  
5. Sending by Users to LinkBall or to Creator opinions and suggestions regarding LinkBall’s updates, means consent to their free use by Creator without any restrictions. The opinions and suggestions regarding LinkBall do not constitute confidential information.  
6. Users may submit complaints in case of dissatisfaction with the services provided by Creator on e-mail address: [email protected], or by letter to the correspondence address: LinkBall spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: Szeligowska 32D/100, 01-320 Warsaw.
7. Acting pursuant to article 102 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code, we hereby provide the following information regarding the LinkBall's distance communication services:

1. Service quality - we make effort to ensure that the services we provide are of the highest quality, however, we cannot guarantee that communication via LinkBall will always run smoothly and without errors, because the quality of communication services is influenced by many factors, including the internet provider or local network.  
2. Duration of services – each User has the right to delete the account at any time, which will mean the termination of the contract between him and Creators and the cessation of using LinkBall.
3. Price – we do not charge for the use of electronic contact services, however, Users may incur fees for using the Internet, in accordance with their contracts with Internet providers.
4. Security of messages – if we find out about messages violating the safety of Users, we will take appropriate actions to stop the threat, including contacting the relevant state authorities.
5. Users’ Data –Privacy Policy and Terms and Conditions contain a summary of what information about Users is collected in the context of the provision of messaging services.
6. Facilities for users with disabilities – LinkBall does not provide facilities for Users with disabilities.
7. Complaints – in case of dissatisfaction with the electronic communication services we provide, please submit a complaint on e-mail address: [email protected], or by letter to the correspondence address LinkBall spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: Szeligowska 32D/100, 01-320 Warsaw. Users who wish to take legal action against claims resulting from the electronic communication services provided by LinkBall may refer disputes to the court indicated in Terms and Conditions or depending to the case to the European extrajudicial internet proceedings available on the website: Internetowe rozstrzyganie sporów | Komisja Europejska (europa.eu).
8. Emergency services - LinkBall does not enable emergency notification of emergency services, including the police, fire brigade or hospitals, and does not in any way facilitate reporting about accidents.

The above information may be downloaded by Users for evidence purposes, future access and restoration in an unchanged form by clicking on LINK.^[a]

Date of last update: 12.01.2022