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GENERAL TERMS & CONDITIONS OF USE

Welcome to MYSPORTPROFILER!

By using MYSPORTPROFILER (hereafter referred to as the “Site”) and any service related to it, you accept to respect and adhere to the following General Terms and Conditions of Use (hereafter referred to as the “GCU”) and/or to any modified version. The use of the Site therefore implies that you adhere to the following GCU and that you agree to accept them fully and unequivocally. If you choose not to accept the present GCU, you should abstain from using the Site and its related services. Any new service that the Site makes available on-line or any changes to existing services will be governed by the present GCU, which are liable to be changed or updated at any given moment. We strongly advise you to periodically to review the GCU for any changes that might have been made. Only the GCU in effect on the day of using the Site are applicable.

The terms “You” and “User(s)”, as used herein refer to ndividuals and/or entities accessing the Site for whatever reason.

The term “Member” signifies any person that has subscribed for membership enabling access to the services proposed by MYSPORTPROFILER.

The term “Partners” corresponds to any of the internet Sites or Companies with whom MYSPORTPROFILER has concluded a commercial agreement relating to the use of the MYSPORTPROFILER’s contents, services and/or databases.

The term “Contents” corresponds to all of the information and multimedia elements archived by the User or the Company.

1. DESCRIPTION AND PURPOSE OF THE SITE – DATA PROCESSING

The Site is proposed bySPORT INVEST PRO, a simplified joint stock company with a capital of 81 000€, headquarters located at 2-6 rue Jacques Ibert, 92300 LEVALLOIS-PERRET, France («MYSPORTPROFILER » or « us »). The company registration number (in France) for SPORT INVEST PRO is 501 097 505 00017 RCS Nanterre and the Intra-Community VAT N° is FR1050109750500017. You may contact the company by calling the following number +33 (0)559 438 530, or by sending an email to contact@mysportprofiler.com. The director of the publication is Benoit COSSIN, General Manager.

MYSPORTPROFILER is a platform for connecting professional working people in the sports industry. The Site enables Users to create and present their profiles and/or the profile of the company that they represent, to other Users. The Site also enables the publication of job announcements and recruitment possibilities directly on the Site or via pages that have been purposely created on the Site for the use of SPORT INVEST PRO’s different partners that the Users will be able to access. In addition, the Site proposes different forums for which the terms and conditions of use are governed by the present GCU.

The information that you supply is destined for the Site Users and the different Partners.

For this purpose, you accept that the personal information that You communicate to and collect from the Site, in the framework of how the Site operates, may be processed by SPORT INVEST PRO as defined by the French law of January 6th 1978 concerning information technology, computer data files and personal rights, and by European Law.

You accept that we may use the information that You have communicated to us in order to propose to You by e-mail commercial propositions of similar services to those that You have registered for in the framework of your membership. In any event, we inform You that You have the possibility to object to this use of your data and to this type of communication each time You receive a prospection e-mail from us by sending a request to SPORT INVEST PRO at the address indicated above.

You also accept that we may hold and conserve the information that You communicated to us enabling us to identify You, and that we could communicate to any public service or legal authority, should we be requested to.

As stipulated by European Law, You have the right to access, modify or remove, for any legitimate reason, the personal information about yourself. You may exercise this right by contacting SPORT INVEST PRO, either by sending a letter to the afore-mentioned address or by sending an email to : contact@mysportprofiler.com

We are committed to respecting the legal procedures concerning any declarations, demands for authorisation or the collation of personal information in the framework of how the Site operates, as stipulated by the French law of January 6th 1978 concerning information technology, computer data files and personal rights, and by European law.

MYSPORTPROFILER is hosted by ADITU, Maison du Parc, Technopole Izarbel, 64210 BIDART, France.

2. REGISTRATION, BEHAVIOUR, SITE ACCESS AND SPONSORING

a) Membership – Retraction

To become a Site User, you must be an adult and have the legal capacity to buy from the Site.

You must enter the obligatory fields in the registration forms. If one of the obligatory fields is not filled in, your registration will neither be registered nor taken into account.

The price and the payment terms of the different services available on the MYSPORTPROFILER Site are permanently accessible to You on the Site during the introduction to and the use of the services you wish to subscribe for. The Site communicates the details about the applied tariffs and the eventual taxes or other taxes that could be applied as well as the validity of any price offers that are available. The Site also communicates information about any eventual reimbursement or compensation.

You can choose the length of your membership to suit your needs from a number of different propositions.

As stipulated by articles L 121-19 2° and L 121-20 of the French Consumers Act, You are informed that you are entitled, for a period of 7 calendar days, from the date of subscription, to exercise your right of withdrawal, without penalty and without cause. However, the right of withdrawal may no longer be exercised, even within the 7 calendar day withdrawal period, once you have accessed the features associated with this service.

In the event that the services to which You have subscribed are not available for any reason, You accept that You will be proposed an equivalent service and You agree to renounce your right to request any reimbursement, either partially or in total, of your registration fee.

Equipment (computer, software, means of telecommunication, etc.) used to access MYSPORTPROFILER services are under your exclusive responsibility, as are the telecommunication costs incurred by their use.

MYSPORTPROFILER reserves the right to deactivate the accounts of members who have not connected to the service for a period of 6 (six) months or more.

b) Behaviour

You specifically agree to comply with all the laws in force in your country of residence.

You also recognise that by creating, making available and sharing your Contents* on-line, you are responsible for the information supplied and You guarantee that your Contents (whether you are the author or not) conforms at any given moment (from the moment it is available on-line and for the duration of its accessibility) to the stipulations of the present GCU and to the applicable laws and regulations. You recognise and accept that MYSPORTPROFILER only undertakes a partial control (in the form of a check that takes places afterwards) over your Contents or the third party Contents and cannot be held responsible for communicating this information to the public.

In the event that you misuse the login(s) and authentication login(s)/password(s), MYSPORTPROFILER reserves the right to terminate your account without prior notice. You will be solely liable for the use of your identification authentication login(s)/password(s) by any third parties or for actions or statements made through your account, whether fraudulent or not. You hereby agree to indemnify MYSPORTPROFILER against any claim resulting from such misuse.

Furthermore, MYSPORTPROFILER does not have the means to check the identities of people registering for its services. MYSPORTPROFILER will not be held responsible for any alleged or actual identity theft. If you think that someone is using your account or your identity, you must inform us immediately by post at the following address.

2-6 rue Jacques Ibert,
92300 LEVALLOIS-PERRET,
France.

c) Registration, Email and Password

Only your surname, first name, email and password are needed for You to access the Site. Your email address must remain valid for as long as your MYSPORTPROFILER account remains active. Failing this, you are wholly responsible for updating your email address. Also, any personal information communicated to MYSPORTPROFILER must always be quikly updated, as soon as it ceases to be exact, accurate and/or true.

Your password is confidential and under no circumstances should it be communicated to or shared with third parties. You must contact MYSPORTPROFILER immediately if you have reason to believe that your password is being used or has been used by an unauthorised third party. You will be held responsible for any action undertaken using your password and for any loss or damage caused by this misuse. In the event of a violation of the present GCU, we reserve the right to delete your account at any given moment without prior notice.

You guarantee that the data you share with us is accurate and true. You agree to provide a real email address, of which you are the actual owner. You waive any claim and/or legal action against MYSPORTPROFILER if you do not to receive service messages from MYSPORTPROFILER sent by email.

d) Access to the services

As soon as you are registered, you will be able to access the MYSPORTPROFILER services.

Once registered, you will be given one or several personal and confidential login(s) and password(s). These must not be communicated to or shared with third parties. In no case will MYSPORTPROFILER be held responsible for the loss of your usernames and/or passwords.

e) Sponsoring

When a User wishes to sponsor a friend and provides MYSPORTPROFILER with this person’s coordinates, the User must have previously informed his/her friend who the coordinates are destined for and the friend must have given his/her consent that his/her coordinates will be treated by SPORT INVEST PRO for the purpose of the Site as outlined in Article 1. These coordinates may be accessed, modified or deleted for any legitimate reason by contacting SPORT INVEST PRO. The User is wholly responsible for the consequences of communicating the coordinates of this person and any third parties to MYSPORTPROFILER.

3. AUTHORISED USE OF THE SITE.

a) General Rules :

The Users may not use the Site for sending, distributing, conserving or destroying elements or contents :

- that infringe the applicable laws in force,

- in such a way that is harmful or could cause harm to copyrights, trademarks, commercial secrets or other intellectual property rights of any third person, or to private life or to any other individual rights,

- that could be false or misleading, discriminating, libellous, insulting or offensive, contrary to accepted standards of decent behaviour, causing harm to public order, violating laws relating to journalism or laws relating to the protection of minors or any other damage caused to a third party,

- deemed to be disrespectful to MYSPORTPROFILER or to other Site users.

It is forbidden for Users to harm or attempt to harm the security of the MYSPORTPROFILER Site. As a result, Users cannot :

- access data that is not destined for them or connect to a server or to a User account that they are not authorised to have access to,

- attempt to probe, scan or test the vulnerability of the system or the network, or to infringe the security or authentication methods of the MYSPORTPROFILER Site,

- attempt to interfere with the service that is provided to all Users, hosters or networks, for example, by uploading a computer virus onto MYSPORTPROFILER, overloading, flooding, spamming, mailbombing or crashing,

- disguise or imitate any TCP/IP address or any part of the information at the top of any e-mail or any intervention within a forum.

By violating the security of the system or the network, the User could be held legally responsible. You are informed that and you accept that MYSPORTPROFILER may put into place control measures following such violations and that MYSPORTPROFILER could well resort to cooperating with public authorities in order to prosecute the Users responsible for such violations.

b) Strictly forbidden uses of the Site :

The MYSPORTPROFILER Site may only be used for lawful purposes by people looking for jobs or information about their career and for employers, both indivduals and entities, looking to recruit employees.

MYSPORTPROFILER strictly forbids any use of the MYSPORTPROFILER Site for the following means, and all Users agree not to use or allow any persons under their guidance not to use the MYSPORTPROFILER Site for the following means :

- posting any biographical information that is untrue or misleading, or information that does not correspond wholly to the CV of a particular User looking for either full time or part time employment.

- the distribution of any offer consisting of :

- a pyramid system,

- membership to any club,

- distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no fixed salary), requires recruitment of other members, sub-distributors or sub-agents.

- participate directly or indirectly to a network designed to implement practices comparable to "pyramid selling" as stipulated by articles L 122-6 and L 122-7 of the French Consumer’s Act.

- participate directly or indirectly, in the implementation or in the development of a network designed to implement practices comparable to multilevel marketing (MLM) network-based sales.

- participate directly or indirectly to the recruitment of Independent Door-to-door Salespersons (IDS) for the purpose of creating such a network or other similar practices.

- sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a User of the MYSPORTPROFILER Site.

- any unauthorised deletion or modification of any contents diffused by any individual/entity.

- any action that could overload the MYSPORTPROFILER Site.

- divulge or share with any third person a password enabling access to a part of the MYSPORTPROFILER that is non-accessible to the public, or any other non-authorised use of the password.

- the use or the attempted use of any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents for navigating or undertaking a research on any MYSPORTPROFILER Site, other than the search engine made available by MYSPORTPROFILER on the MYSPORTPROFILER Site and those generally made available by third parties.

- attempting to decipher, decompile, disassemble or reverse engineer any of the software used or owned by the MYSPORTPROFILER Site.

- publishing offers that require Users to provide information related to his/her racial and ethnic origin, political beliefs, philosophical or religious beliefs, membership of a trade union or political party, physical and mental health, sex life, the commission of criminal offences or proceedings, and/or age.

c) Consequences of non-authorised use :

In case of infringement by a member of one or more of these rules, MYSPORTPROFILER reserves the right to terminate the contract unilaterally and without prior notification, to block the account(s) of the User in question, to automatically delete litigious messages, to prevent the posting of all or part of a User's profile, and/or to block his/her access to all or part of the services, on a temporary or permanent basis. In any event, taking these conditions into account, no reimbursement of sums paid by the User nor any compensation shall be made following the permanent deletion of an account by MYSPORTPROFILER.

d) Furthermore, the User also agrees not to :

- harm or attempt to harm minors in any form whatsoever ;

- download, post or send any emails or distribute in any manner any Contents of a pornographic, child pornographic, racist, xenophobic, defamatory nature, and/or a potentially harmful to the rights of others, any behaviour inciting crime or misdemeanour, contrary to any applicable laws and regulations ;

- pretend to be another individual or entity, including and without limitation, an official representative of MYSPORTPROFILER or a Site partner ;

- download, post or send any emails or distribute in any manner any Contents that the User is not authorised to send legally, a contract or well established commercial relationships ;

- download, post or send any emails or distribute in any manner any Contents that violate patents, industrial trademark secrets, including but not limited to intellectual property rights, privacy rights, publicity rights, or any other rights ;

- download, post or send any emails or distribute in any manner any unwanted or non-authorised emails, promotional supports, competitions, junk mails or spam, mass e-mailing activity with or without a corrupt response, chain-mails, any system of pyramidal communication, any type of ‘snowball’ effect communication or any other type of commercial soliciting. The behaviour of the Member is governed by the Internet’s regulations and procedures ;

- download, post or send any emails or distribute in any manner any element containing a virus or any other computing code, file code or program code designed to interfere with, destroy or restrict the operating of any software, material or telecom equipment ;

- manipulate any Username’s in order to dissimulate the origin of any information or Contents transferred through the Site;

- promote or provide instructions or information about illegal or violent activities, or any activities that incite violence towards individuals or groups of people, or exhibiting or inciting cruelty towards animals;

- propose for sale any object, good or service that violates the law or for which the User does not have the right or legal authority enabling him/her to propose such an object, good or service for sale, or anything that MYSPORTPROFILER would find inappropriate to sell through its Site;

- behave in such a way that could be harmful to the image or the reputation of MYSPORTPROFILER.

In addition, the User, as the editor and director of publication in the eyes of the law, must respect all of the applicable laws and regulations in force governing this activity. Notably, the User is committed to respecting European law related to confidence in the digital economy, and the French law of January 6th 1978 concerning information technology, computer data files and personal rights.
4. LIABILITY

MYSPORTPROFILER cannot be held liable for the truthfulness, accuracy or inaccuracy of information provided by Users, and does not adhere or advocate the opinions communicated by its Users. You acknowledge that the credit that you could give to contents posted by other Users is at your own risk.

MYSPORTPROFILER acts as a passive venue, as a simple hoster of information, for the on-line distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, MYSPORTPROFILER may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. MYSPORTPROFILER has no liability or responsibility to Users for performing or not-performing such an activity. MYSPORTPROFILER reserves the right to expel users and prevent their further access to the Site for violating the present terms and conditions or the law and the right to remove communications which are abusive, illegal or disruptive. MYSPORTPROFILER may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for MYSPORTPROFILER or may cause MYSPORTPROFILER to lose (in whole or in part) the services of its Internet service providers or other suppliers.

The User must wholly acknowledge and accept that :

- under no circumstances may MYSPORTPROFILER be liable for the Contents and/or information that the User has published or for any other information or communication (whether they be published texts, images, files, data, hyperlinks, software, codes or any other type of content).

- MYSPORTPROFILER assumes no responsibility whatsoever for any Contents published by a User that could be of a threatening, anti-constitutional, vulgar, racist, pornographic, defamatory, offensive, criminal, or degrading character or that violates any intellectual property laws and/or could harm trademark copyrights or any damage caused through illegal behaviour.

- MYSPORTPROFILER cannot be held responsible for the Contents and/or the information communicated and/or published by the User deemed to be of an illicit nature as MYSPORTPROFILER would not have known of the illicit nature of the said information, or as soon as MYSPORTPROFILER learned of the illicit nature of the information, it would have undertaken actions to delete the information or make access to it impossible. In any event, MYSPORTPROFILER is not obliged to survey these Contents and/or information nor is it obliged to seek out such illicit information. The User alone is wholly responsible for the Contents and/or information that he/she decides to communicate on-line and the nature of the information.

MYSPORTPROFILER does not and will not view all of the contents entered onto or via the Site before these information are posted.

The User acknowledges and accepts that he/she is wholly liable for all Content, whether available for public or private access or transferred in a public or private way.

In other words, the User, and not MYSPORTPROFILER, is wholly responsible for all Contents that the Member downloads, posts, publishes, sends or transfers through the Site. MYSPORTPROFILER may decide, at its own discretion, to delete or to block all or any part of any User’s Contents.

The User is aware that the Contents that he/she posts and makes available for public viewing is therefore accessible to all and this until the User is advised otherwise. Contents that are destined for private posting may also be viewed by the public if for example an error of manipulation or publication should occur or via an illegal entry by a third party to the Site’s programming or the existence of an error in the software.

5. CONFIDENTIALITY AND COLLECTED DATA

The MYSPORTPROFILER site respects your right to privacy and has complied with the relevant Data Protection registrations in France, under the number 1280064.

MYSPORTPROFILER offers functions that enable Users to prevent other User’s from viewing certain information that has been recorded, totally or in part, for a chosen time period.

Users may make certain information, indications or contents (notably any visual or audiovisual files) available on the website. The member is wholly responsible for all such information and contents, including any decision to disclose personal information including, but not limited to, their ethnic origin, nationality and/or religion. By providing such data, the User concerned demonstrates their explicit wish and, consequently, consent to the processing of this 'sensitive' data by MYSPORTPROFILER within the parameters accepted by law, and freely accepts exclusive responsibility for doing so.

You have the right to access, modify and delete your data under European Law. You can exercise this right by writing to the customer service department by mail at the address cited above or by sending an email to the following address: ++++ ++++ ++ +++

The information that may be collated and stored on MYSPORTPROFILER is exclusively intended to help you develop your professional network.

The information that you provide us with is used to propose to you our various services. All precautions have been taken to store your data in a secure environment. None of the information you enter and that relates to you will ever be communicated to a third party, neither sold nor exchanged, except for information destined for MYSPORTPROFILER’S partners, because of whom you have had access to our services, to which you give your consent.

Due to the nature of a website, some non-personal data may be collected such as the version of your browser (Netscape, Internet Explorer, etc...), of your operating system (Windows, Mac, Linux, etc...) and your IP address.

MYSPORTPROFILER uses cookies when you visit our site, so that you do not have to enter the same information every time you access a page. You may deactivate the use of cookies by changing your preferences in your Internet browser. In this case, certain MYSPORTPROFILER features may no longer be available.

Your profile information is accessible on MYSPORTPROFILER. You therefore authorise MYSPORTPROFILER to reproduce and distribute this personal information throughout all or part of MYSPORTPROFILER or by email. If you no longer want MYSPORTPROFILER to reproduce or distribute this information, you may terminate your MYSPORTPROFILER account directly on the MYSPORTPROFILER site.

6. USE AND INTELLECTUAL PROPERTY

6.1 For the needs of the present terms and conditions, the “affiliates” of MYSPORTPROFILER are all the companies or entities controlled by, controlling or under the same control as MYSPORTPROFILER, or with any entity that MYSPORTPROFILER has signed an affiliate agreement with.

The contents of the MYSPORTPROFILER Site (distinguishable from the Contents supplied by the User) or of its affiliates sites (such as texts, graphics, images, logos, button icons, software and other Contents, collectively called the "Site Content"), other than the Contents published and/or communicated by the Users, are protected by Intellectual property laws, such as trademark and copyright law. MYSPORTPROFILER has acquired, either directly or via the intermediary of its affiliates, Contents providers or customers, the support material for the Site’s Contents and the rights to operate and/or use what is associated.

MYSPORTPROFILER is the owner of the Usage rights of the Site’s Contents and any elements that compose them. MYSPORTPROFILER grants you access only under digital format on your computer for the purpose of viewing the pages accessed by your browser. Hard copy printing is authorized for exclusive private purposes. Any other use is prohibited without the prior written consent of MYSPORTPROFILER.

However, as an exception, you may reproduce the MYSPORTPROFILER button icon on your own internet site in order to enable Users to add your Contents onto their own personalised MYSPORTPROFILER pages.

The compilation (meaning the collection, arrangement and assembly) of any part of the Site, protected by copyright laws, can only be undertaken by MYSPORTPROFILER or failing that by its partners and you are not authorised to act thus under the present terms and conditions.

You are aware that your usage of the Site’s Contents that is not authorised under the present terms and conditions could violate copyright laws, trademark laws and other intellectual property laws. You should retain any mention regarding copyrights, trademarks or intellectual property that appears on the original Site Contents for any authorised reproduction that you make of the Site. It is forbidden to sell or modify the Site’s Contents or to reproduce, publish, display publicly, distribute or use the Site’s Contents for any public or commercial means, without requiring the prior consent for the usages cited above from MYSPORTPROFILER or which would be permissible by law.

You are prohibited from copying or adapting the HTML code that MYSPORTPROFILER creates for generating Site Contents or the pages of the MYSPORTPROFILER Site, which is also protected by the copyrights and intellectual property held by MYSPORTPROFILER.

You are specifically prohibited from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and/or distributing in any manner whatsoever the services, pages from the www.MYSPORTPROFILER.com site or the computer codes of the items making up the services and the www.viadeo.com site.

6.2 You accept to grant MYSPORTPROFILER a license to use the intellectual property rights associated with the Content provided by You, the Member, and/or User for the purpose of communication on the www.MYSPORTPROFILER.com site. This license specifically grants MYSPORTPROFILER the right to reproduce, present, adapt, translate, digitalize, use for advertising, commercial or non commercial purposes, to sub-license or surrender any of your personal Contents (information, description, etc.).

You authorize MYSPORTPROFILER to modify the aforementioned Content to respect the graphic appearance of the www.MYSPORTPROFILER.com site or other communications media cited above and/or make it compatible with its technical performance requirements or the media formats concerned.

If You believe that your copyrighted work or trademark has been reproduced by a third person violating your copyright or any other authorisation infringement, please contact contact@mysportprofiler.com leaving your contact details, a description of your work, where it has been reproduced on the Site, the proof of your copyright and statement from you certifying that you have not consented to any illicit use.

7. HOW MYSPORTPROFILER WORKS

a) Availability

You must possess the skills, hardware and software required for Internet use and acknowledge that the features and restrictions of the Internet do not make it possible to guarantee the security, availability and integrity of Internet data transmissions.

MYSPORTPROFILER does not guarantee that the services will function without any interruption or error. Specifically, their operation may be momentarily interrupted for reasons of maintenance, update or technical improvement, or for the upgrade of content and/or presentation, and You, the User, acknowledge this fact.

Whenever possible, MYSPORTPROFILER shall inform its members ahead of time of any maintenance or update operation. You waive the right to hold MYSPORTPROFILER responsible for the operation and exploitation of the www. MYSPORTPROFILER.com site.

Likewise, MYSPORTPROFILER will not be held responsible in the event of failure, access denial, or poor conditions of use of the MYSPORTPROFILER site due to inadequate equipment, to interruptions attributable to the member's access provider, to Internet network congestion, and/or any other reason out of MYSPORTPROFILER 's control.

Under no circumstances may MYSPORTPROFILER be held liable for indirect losses including loss of data (including copies) or back-ups that you could have made.

b) Links to Other Sites

The Site and certain other MYSPORTPROFILER Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by MYSPORTPROFILER of the contents on such third-party web sites. MYSPORTPROFILER is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party websites, you do so at your own risk.

8. FORUM - AVIS

The forums of MYSPORTPROFILER, called “Clubs”, are open for all Users to openly talk about topics related to sport or any related subject. However, in order to guarantee the highest level of quality for discussions and to protect Users from insulting or inappropriate messages from dishonest uses, the forum is moderated afterwards, meaning that people with the appropriate authorisation (the moderators) have the possibility of deleting messages that do not conform to the current terms and conditions.

The Forums are governed by the same general terms and conditions of use as the Site.

All of the Site’s Users must respect other users by adopting an attitude that is generally considered as publicly acceptable, decent and respectful and that conforms to the philosophy of the Site.

Users have the possibility to publish, and are fully responsible for, one or more contributions that are hosted on the Site (notably posted on the Forums).

Any contributions could be liable to modification afterwards by MYSPORTPROFILER and/or its partners in order that the contributions respect the laws and regulations in effect (notably those concerning intellectual property…), that they remain courteous and respectful and that they are associated with the topics that the Site is used for or does not manipulate the purpose of the Site. By applying Article 4 of these present terms and conditions, MYSPORTPROFILER, as a hoster of information and in accordance with the law, reserves the possibility to delete any contribution that it judges being contrary to the principles of good morals, respect and courtesy mentioned above or a third party, believing one or more of these contributions to be harmful, could request that the said information be removed.

As simply a moderator, MYSPORTPROFILER cannot guaranty that the contributions are true, exact and honest. The authors of the contributions may be held responsible.

We appreciate hearing from our customers and welcome your comments regarding our services and the MYSPORTPROFILER Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions inventions or contents other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions or contents. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (hereafter known as the "Submission"), the Submission may be freely used by MYSPORTPROFILER. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission.

When addressed a question formulated by You, the User, we will do our utmost to reply to your request.

9. MODIFICATION TO THE MYSPORTPROFILER SITE

MYSPORTPROFILER reserves the right at any time to change or modify the pages of its Site www.MYSPORTPROFILER.com, the services, prices or conditions of use applicable thereto.

These modifications shall become effective as soon as they are put on-line on the www.MYSPORTPROFILER.com Site and will not constitute a cause for termination by a member of their MYSPORTPROFILER subscription.

Failing that, you shall be deemed to have accepted these modifications by continuing to use the www.MYSPORTPROFILER.com Site. Members are therefore advised to review the most recent on-line version on the site. A member's presence on the site implies their full acceptance of any revision or modification of the www.MYSPORTPROFILER.com Site. 10. APPLICABLE LAW – CHOICE OF JURISDICTION

These present general conditions are governed, interpreted and applied according to French law, and the version in the French language will be used in the case of any dispute or claim arising from the meaning of any term or the present conditions of sale and use. Subject to applicable law, the courts in the locality of the registered office of the defendant shall have exclusive jurisdiction for any claim or dispute arising from these terms and conditions including, but not limited to, their validity, interpretation, execution and/or account termination and the subsequent consequences.

If any provision of these present conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the general sales conditions, any particular "Legal Notice" or material appearing on particular Internet pages, these GCU constitute the entire agreement between You and MYSPORTPROFILER with respect to the use of Site. No changes to these GCU shall be made except by a revised posting on this page.

11. GENERAL

a) Nominations of articles

The nominations of the articles are only for indicative purposes and have no effect on the interpretation of the present terms and conditions.

b) Language

These terms and conditions have been produced in two versions, French and English. However, in the event of a dispute between the two versions, the French original will always preside over the English edition.

Thanks for using MYSPORTPROFILER

Last update 10/06/2008.