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Terms of Use

Effective Date: November 27, 2018
Last updated: November 27, 2018

Before accessing and using the Platform, please read carefully the following terms and conditions contained in these Terms of Use. Please note that your accessing and using the Platform and the Services are subject to these Terms of Use as well as to all applicable laws and regulations.

This is a legally binding agreement between SPONSOR.ONLINE on one side and the User on the other side under which SPONSOR.ONLINE grants the User the right to access and use the Platform and the Services under the terms and conditions set forth in these Terms of Use.

    GENERAL PROVISIONS
  1. SPONSOR.ONLINE is a full service online platform (“Platform”) created and designed to provide sport sponsorship services aimed at connecting sport clubs, athletes, leagues, sport associations or any other sport - related entities ('Rights Holder') with corporates and brands around the globe (“Sponsor” or “Brand”) who are looking to enter into a sponsorship deal or any other similar agreement with Rights Holder under which Sponsor shall provide Rights Holder with direct and/or indirect financial and/or other performance (“Sponsorship”) intended to support the sports activities of Rights Holder as a consideration of which Rights Holder may provide Sponsor with stipulated counter-performance (“Sponsorship Deal” or a “Sponsorship Contract ”).
  2. For the purposes of these Terms of Use and for the avoidance of any doubt, the Platform shall mean https://sponsoronline.eu.
  3. For the purposes of these Terms of Use and for the avoidance of any doubt, Rights Holder shall always be any natural person or legal entity who register on the Platform as team.
  4. For the purposes of these Terms of Use and for the avoidance of any doubt, Sponsor or Brand shall always be any natural person or legal entity who register on the Platform as brand.
  5. For the purposes of these Terms of Use and for the avoidance of any doubt, Sponsor or Brand or Rights Holder shall also always mean any natural person and/or legal entity associated with the Sponsor and/or Rights Holder, controlled by them or controlling them, as well as parties concluding the Sponsorship Contract under instructions of the Sponsor and/or Rights Holder.
  6. For the purposes of these Terms of Use and for the avoidance of any doubt, the Sponsorship shall always mean any and all direct and/or indirect financial and/or other performance provided by Sponsor to Rights Holder for purchasing any and all items uploaded by Rights Holder via the Platform in the Rights Holder´s sponsorship inventory.
  7. For the purposes of these Terms of Use and for the avoidance of any doubt, the Sponsorship Contract or Sponsorship Deal shall be each contract, agreement or any other legal act (unilateral, bilateral or multilateral) regardless of its form, content or governing law and regardless of the fact whether it is concluded via or off the Platform, under which Sponsor shall pay to Rights Holder Sponsorship for purchasing any and all items provided by Rights Holder via the Platform in the Rights Holder´s sponsorship inventory.
  8. For the purposes of these Terms of Use and for the avoidance of any doubt, the Sponsorship Contract or Sponsorship Deal shall also be each contract, agreement or any other legal act (unilateral, bilateral or multilateral) regardless of its form, content or governing law and regardless of the fact between Sponsor and Rights Holder who connected via the Platform (whether it is concluded via or off the Platform), under which Rights Holder shall receive and/or shall be entitled to receive the Sponsorship regardless of the fact if Rights Holder provides Sponsor with any counter-performance for the Sponsorship or not.
  9. For the avoidance of any doubt, accessing and using the Platform or the Services shall, for the purposes of these Terms of Use, mean any accessing and using the Platform or any portion thereof, browsing its content, registration of the User and creation of an account as Right Holder or Sponsor, downloading or uploading any data from/on the Platform, accessing and using the Services or any other way of accessing or using the Platform or Services by which the User will or might get acquainted with content of the Platform or the Services or any portion thereof.
  10. Under the terms and conditions set forth herein, the Platform provides tools, technology and features enabling Rights Holder and Sponsors to communicate between each other and conclude the Sponsorship Deal which will meet their interests (“Services”). The Services´ functionality also provides team profile listing, analytics and management, brand profile listing, analytics and management, inventory listing, marketplace, messaging and dashboard analytics. SPONSOR.ONLINE is entitled to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice.
  11. These Terms of Use applies to all visitors, users, and others who access and use the Platform regardless of their intention as well as to all visitors, users, and others who register and create an account on the Platform as Rights Holder or Brand in order to access and use the Services (“Users” or “You” or “Your”). You can visit the Platform and access some of the features and functionality of the Platform without having to register. However, registration as Brand or Rights Holder (team) is required in order to use the Services and conclude the Sponsorship Deal. You may use the Services only in compliance with the terms and conditions contained in these Terms of Use and applicable laws and regulations.
  12. If you are accessing and using the Platform or the Services on behalf of Sponsor or Rights Holder as an agent (“Agent”) then “You” includes (a) you as Agent and jointly and severally the Sponsor and Rights Holder you are signing up on behalf of, and (b) You represent and warrant that you have the necessary authority and permissions required for You to conclude the Sponsorship Deal as well as to accept these Terms of Use in the name of the Sponsor and Rights Holder you are signing up on behalf of.
  13. By Your accessing and using the Platform You irrevocably and unconditionally agree to be bound by all and any of the terms and conditions set forth in these Terms of Use. If You do not agree with these Terms of Use or any provision herein, You are not granted permission to access or otherwise use any part of the Platform and/or the Services and You must cease from accessing and using the Platform and the Services or any part thereof with immediate effect.
  14. The owner of the Platform is the company SSPONSOR ONLINE LIMITED, registered seat: 21 D'Abernon Drive, Stoke D'Abernon, Cobham, England, KT11 3JE, Company Number: 12980112 and its affiliates (“SPONSOR.ONLINE”, or “We” or “Us” or “Our”). Except for Your content and material posted on the Platform, any and all content and material appearing on the Platform is the intellectual property right or copyrighted work of either SPONSOR.ONLINE or its contracted suppliers or business partners, and is protected by the respective applicable law to the full extent. The compilation (meaning the collection, arrangement and assembly) of all content of the Platform is also the exclusive property of SPONSOR.ONLINE, and is protected by the applicable law to the full extent. Except as otherwise expressly stated herein or as expressly permitted on the Platform, You may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any or dispose of information or content obtained from the Platform, in whole or in part, including any text, images, audio, and video in any manner, without Our prior written consent. The use of content, including images, by You, or anyone else authorized by You, is prohibited unless specifically permitted by SPONSOR.ONLINE in writing. Any unauthorized use of text or images may violate intellectual property laws, copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. SPONSOR.ONLINE does not warrant nor represent that Your use of any content or materials displayed on the Platform will not infringe rights of third parties.s
  15. These Terms of Use provides to You a personal, revocable, limited, non-exclusive, royaltyfree, non-transferable license to access and use the Platform and the Services solely for your own personal use. Your use of the Platform and the Services and any and all parts thereof is conditioned on Your continued compliance with the terms and conditions of these Terms of Use. You expressly acknowledge and agree that SPONSOR.ONLINE transfers no ownership or intellectual property interest or title in and to the Platform and/or the Services.
  16. All content and material that You supply to Us, upload, store, distribute, post, display or otherwise make available to or through the Platform is generated, owned and controlled solely by You, and not by SPONSOR.ONLINE. You hereby represent and warrant that You own content and material You post – or otherwise have the right to grant the rights and licenses – to upload, store, distribute, submit, send, exchange, share, post, display or otherwise make available to or via the Platform, including any such use on Facebook, Twitter and elsewhere. In regard to Your content, You grant to SPONSOR.ONLINE a non-exclusive, worldwide, perpetual, royalty-free, fully paid up, sub-licensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Platform and the Services to: (i) display such content in connection with operating the Services, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content and any other accompanying information; (ii) host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the content to appropriate media formats, standards or mediums as part of the Services; (iii) use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display content on the Platform, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; (iv) use the content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your content in any media format or medium and through any media channels.
  17. You may access and use the Services only provided that You have an account as Rights Holder (team) or Brand created by registration on the Platform in accordance with these Terms of Use and instructions and information provided on the Platform. If You intend to access and use the Services as Agent, You must register on the Platform as Rights Holder or Sponsor pursuant to your authorization. Your SPONSOR.ONLINE account gives you an access to the Services in Your sole discretion. Your account is not transferable, and You may never use another User’s account without permission. When creating your account, You must provide accurate and complete information including bank details and credit card information (if requested). You warrant and represent that any information provided during registration or at any time thereafter is true, accurate and complete and that You will update all such information as necessary to maintain its truth, accuracy and completeness. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify us immediately of any breach of security or unauthorized use of Your account. We shall not be held responsible for any losses caused by any unauthorized use of Your account. You may control your profile on Your account and how you interact with the Services by changing the settings in the account settings section pursuant to the instructions provided on the Platform. By providing us Your email address, You agree that we can send You Service-related notices, including any notices required by law. We may also use Your email address to send you other messages, such as changes to features of the Services or the Platform and special offers. If You do not want to receive such email messages, You may opt out. Opting out may prevent You from receiving email messages regarding updates, improvements, or offers.
  18. If You are registering on behalf of a company (ies), by registering, You confirm and agree that they you the requisite authority to register on behalf of such company (ies). The same applies if You act on behalf of other person(s).
  19. The Services enable Rights Holder, Sponsor and Agent to communicate with each other using the messaging tools and other tools and features provided on the Platform in order to conclude the Sponsorship Contract. By registering, You confirm that you are a valid business desiring to use the Services with aim to find, obtain/provide Sponsorship, also, advertise the business and/or to conclude the Sponsorship Contract.
  20. Once You register on the Platform and start communicating and negotiating with Rights Holder, Sponsor or Agent mediated to You by using the Services, You agree to finish the communication and negotiation on the Platform, unless otherwise agreed with SPONSOR.ONLINE.
  21. You hereby acknowledge and accept to the full extent that SPONSOR.ONLINE is not a party to the Sponsorship Contract in any way and therefore SPONSOR.ONLINE shall bear no responsibility for any breach, non-compliance or any other wrongdoing arising from and in connection with the Sponsorship Contract. Compliance with advertising, sporting or any other related regulations is the sole responsibility of Rights Holder and Sponsor. By using the Services (or any portion thereof), You represent and warrant that the Sponsorship Contract you enter into, together with any, annexes, schedules, other content or materials You provide complies with all applicable laws, regulations, policies and agreements, and does not violate any third party rights.
  22. You agree that We do not guarantee the suitability, reliability, or quality of the Rights Holders and Sponsors listed on the Platform. We also do not guarantee the abilities, background, or performance of Rights Holders, i.e. the ability of Rights Holders to deliver its stipulated performance and the ability of Sponsor to pay the Sponsorship.
    23. SUBSCRIPTIONS
  23. The fees for accessing and using the Services are indicated on the Platform. If You choose the paid package(s) or additional options of the Services as set forth on the Platform or in any other in these Terms of Use, You irrevocably and unconditionally agree to pay all charges for the paid Services as indicated on the Platform or in these Terms of Use. You also irrevocably and unconditionally agree that the address, the email address, fax and any other details You provide in Your account settings are valid business addresses and that We may invoice You at such addresses/numbers or through other electronic or facsimile communications.
  24. You acknowledge and accepts to the full extent that all fees paid to SPONSOR.ONLINE by You pursuant to these Terms of Use and the Platform are non-refundable. SPONSOR.ONLINE reserves the right, at any time and in its sole discretion, to change any fees and any other pricing terms for the Services or additional features on the Platform. Any changes shall be posted on the Platform or communicated to the User per email/fax/mail or other means and with an immediate effect.
  25. SPONSOR.ONLINE will invoice You on a monthly, yearly or single (depending on the chosen packages/service for the Services) basis, in advance, for all amounts due to SPONSOR.ONLINE. Each invoice shall set forth the fees to be incurred in the forthcoming month (“Invoice”). SPONSOR.ONLINE will post each Invoice on Your account within one week of the first day of the applicable calendar month (“Invoice Posting Date”).
  26. By providing Your credit card or any other payment information either during registration or at any time thereafter, You warrant and represent that such credit card or payment gateway is correct and valid, and authorize SPONSOR.ONLINE to charge such credit card or payment gateway for amounts due under the Invoices.
  27. For each Invoice, We will charge to the credit card or payment gateway, listed in the User´s account, all undisputed amounts of such Invoice not later at the day of the Invoice Posting Date.
  28. The User is entitled to dispute any fees or charges invoiced by SPONSOR.ONLINE by contacting SPONSOR.ONLINE by registered email not later than seven (7) days after the Invoice Posting Date. SPONSOR.ONLINE agrees to review the disputed charge claim and cooperate with the concerned User in order to find a timely and amicable solution. Should the User fail to exercise the right to dispute pursuant to the previous sentence, all amounts on Invoices shall be deemed to be undisputed. Once an amount has been charged to a User’s credit card or payment gateway, it is nonrefundable.
    29. SPONSORSHIP DEAL AND COMMISSION
  29. SPONSOR.ONLINE is entitled to charge for each completed Sponsorship Deal concluded between Rights Holder and Sponsor who connected via through the Platform a commission indicated on the Platform (“Commission”).
  30. The Sponsorship Deal shall be deemed completed and therefore formed and enforceable, once the Rights Holder confirms Sponsor´s acceptance of Rights Holders offer which Rights Holder provided via its account on the Platform, unless Sponsor cancels or withdraws the offer pursuant to Clause 31. The Sponsorship Deal shall be deemed completed and therefore formed and enforceable, if Sponsor and Rights Holder agree (in a way pursuant to the previous sentence) on the amount and payment conditions of the Sponsorship and the items or another performance provided by Rights Holder to Sponsor as a consideration for the Sponsorship (subject - matter of the Sponsorship Deal). Any and all further negotiations and agreements are considered as immaterial modifications of the Sponsorship Deal formed by the previous offer and acceptance of Sponsor and Rights Holder. For the avoidance of any doubt and for the purposes of these Terms of Use, any reserves, objections or comments related to other parts of the Sponsorship Deal than the subject-matter of the Sponsorship Deal shall have no affect on the completion of the Sponsorship Deal.
  31. Sponsor shall be bound by its acceptance of the Rights Holder´ s offer, unless Sponsor withdraws or cancels its acceptance before Rights Holder confirms the Sponsor´s acceptance. Otherwise, Sponsor may not cancel or withdraw its acceptance and must fulfil and perform its obligations arising from the Sponsorship Deal.
  32. Once the Sponsorship Deal is completed in accordance with these Terms of Use, the Platform enables Sponsor to pay the Sponsorship and Sponsor must pay the Sponsorship only via the bank account indicated on the Platform which has been established by SPONSOR.ONLINE solely for this purpose (“Escrow Account”). SPONSOR.ONLINE holds the Sponsorship on the Escrow Account and releases it to Rights Holder within 10 business days from the day when the Sponsorship or any part thereof has been credited on the Escrow Account. SPONSOR.ONLINE charges Rights Holder the Commission and deducts it from the Sponsorship before transferring the Sponsorship to Rights Holder. Once the Sponsorship is credited on the Escrow Account, it may be returned to Sponsor only upon consent of both Sponsor and Rights Holder.
  33. The amount of the Commission is indicated on the Platform and is based on the amount of the Sponsorship stipulated in the Sponsorship Deal. For the purposes of calculating the Commission, the Sponsorship relates to any cash value that is agreed between Sponsor and Rights Holder in the Sponsorship Deal and any ensuing royalties i.e. payments made from Sponsor to Rights Holder relating to contingent payments based on pre-determined criteria, e.g. sales, downloads or some other form of activity. The Commission relates to all deals entered into between Sponsor and Rights Holder who connected via the Platform after any and all communication via the Platform without any time limitation. The Commission is charged on the total, gross Sponsorship. Any renewed Sponsorship Contracts are subject to the commission payment after last communication between Sponsor and Rights Holder without any time limitation. If you act as Agent, you are subject to the same terms and conditions as the party, Sponsor or Rights Holder, on whose behalf You are acting.
  34. Sponsor shall pay the Sponsorship pursuant to Clause 32 within the period agreed with Rights Holder in the Sponsorship Contract. If Sponsor fails to pay the Sponsorship in the period set forth in the Sponsorship Contract and for this reason the Sponsorship Contract is terminated by Rights Holder, Sponsor shall be obliged to pay to SPONSOR.ONLINE an administrative fee in the amount of € 500.00 (EUR five hundred) for each terminated Sponsorship Deal. If the Sponsorship Deal is terminated due to the reasons for which Rights Holder is responsible, the administrative fee shall be charged to Rights Holder. If the Sponsorship Deal is terminated by an agreement of both Sponsor and Rights Holder for any reason or for no reason, SPONSOR.ONLINE is entitled to charge the administrative fee to both Sponsor and Rights Holder (jointly and severally). The provisions of Clauses 23 – 28 shall apply mutatis mutandis. The termination of the Sponsorship Deal for any reason or for no reason (regardless of the form of the termination, e. g. repudiation, notice of termination, agreement etc.) shall have no affect on (i) the Commission already paid under the terminated Sponsorship Deal and/or (ii) the right of SPONSOR.ONLINE to the Commission which has already arisen before the termination of the Sponsorship Deal.
  35. The SPONSOR.ONLINE´s right to the Commission shall arise upon the completion of the Sponsorship Deal in accordance with these Terms of Use and is payable once the Sponsorship or any part thereof is credited on the Escrow Account. If the Sponsorship is not paid via the Escrow Account, the Commission is payable once the Sponsorship is received by Rights Holder. Clause 41 shall not be affected.
  36. If the Sponsorship is not paid within 60 days from (i) the completion of the Sponsorship Deal or if the Sponsorship Deal being completed (ii) from the maturity date of the Sponsorship or any part thereof as stipulated in the Sponsorship Deal without the Sponsorship Deal being terminated, the Commission is payable upon the lapse of the period of 10 days from delivery of SPONSOR.ONLINE´s written request to Sponsor under which SPONSOR.ONLINE exercise its right to the Commission pursuant to these Terms of Use.
  37. SPONSOR.ONLINE is entitled to issue an invoice, charge and deduct the Commission or any part thereof from the Sponsorship in accordance with Clause 32. If the Commission becomes payable without the Sponsorship being paid as indicated in Clause 36, SPONSOR.ONLINE is entitled to demand the payment of the Commission from Sponsor and seek payment using any remedies allowed to it by the applicable law.
  38. The Commission may also be charged using Sponsor´s credit card on file, unless otherwise agreed in writing between SPONSOR.ONLINE and Sponsor.
  39. The Commission relates to any and all Sponsors and Rights Holder connected via the Platform who completed the Sponsorship Deal, unless otherwise agreed with SPONSOR.ONLINE in writing.
  40. SPONSOR.ONLINE reserves the right, at any time and in its sole discretion, to change the amount and payment conditions of the Commission set forth herein and indicated on the Platform. Any changes shall be posted on the Platform or communicated to the User per email/fax/mail or other means and with an immediate effect.
  41. Once Sponsor and Rights Holder start any and all communications between them via the Platform, they must complete the Sponsorship Deal only via the Platform and execute payment of the Sponsorship via the Escrow Account. Should Sponsor and/or Rights Holder fail to do so, SPONSOR.ONLINE is entitled to a contractual penalty in the amount of € 10,000.00 (EUR ten thousand) for any and each breach of these obligations. SPONSOR.ONLINE is entitled to demand the payment of the contractual penalty from both Sponsor and Rights Holder (jointly and severally). The right of SPONSOR.ONLINE to the Commission and the right of SPONSOR.ONLINE to receive compensation of damages shall not be affected.
  42. Once the Commission is charged or deducted from the Sponsorship, it is non-refundable.
  43. You must provide SPONSOR.ONLINE with any and all information and records related to Sponsorship Contract upon SPONSOR.ONLINE´s request.
  44. Sponsor and Rights Holder hereby irrevocably and unconditionally authorize SPONSOR.ONLINE to (i) receive, hold and transfer the Sponsorship credited on the Escrow Account in accordance with these Terms of Use and (ii) deduct the Commission from the Sponsorship without any further or additional consent, waiver, approval, order, permit or authorization of, or declaration or filing with, or notification to, any person or governmental body.
  45. If the Sponsorship consists of in-kind performance, the amount of the Commission shall be based on the actual value of the Sponsorship determined by the respective expert designated by SPONSOR.ONLINE.
    46. FURTHER UNDERTAKINGS
  46. If, for whatever reason, the User fails to pay to SPONSOR.ONLINE any payment due under these Terms of Use or SPONSOR.ONLINE charges the User’s credit card or payment gateway pursuant to these Terms of Use and the payment does not go through, SPONSOR.ONLINE reserves the right to suspend User´s access to the Platform and the Services. If the User fails to pay the applicable invoice within 10 days of the date of the maturity date, SPONSOR.ONLINE reserves the right to cancel the User´s account with immediate effect. In the event SPONSOR.ONLINE cancels the account for non-payment, all amounts due and unpaid to SPONSOR.ONLINE for access and use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in these Terms of Use, SPONSOR.ONLINE reserves the right to seek payment using any remedies allowed to it by the applicable law.
  47. You acknowledge that the Platform may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SPONSOR.ONLINE. SPONSOR.ONLINE does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that neither these Terms of Use nor SPONSOR.ONLINE’s Privacy Policy apply to Your use of such sites.
  48. For Your personal data protection and information and data provided to SPONSOR.ONLINE when accessing and using the Platform and the Services, please see Our Privacy Policy .
  49. In addition to any other restrictions or conditions of access and use, You hereby recognize, represent and warrant, that Your accessing and using of the Platform and the Services, will not be, or alleged to be (i) unlawful, unauthorized, fraudulent or malicious in purpose, (ii) violation, misappropriation or infringement of any rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights (iii) false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic, (iv) an invasion another's right of privacy or publicity.
  50. The User shall not (i) create a false identity for the purpose of misleading others or impersonate any person or entity; (ii) violate any applicable local, state, national or international law; (iii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or Platform or any of its part in any way; (iv) modify or make derivative works based upon the Platform;(v) create Internet “links” to the Services or “frame” or “mirror” the Platform on any other server or wireless or Internet-based device; (vi) reverse engineer or access the Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Platform and the Services, or (c) copy any ideas, features, functions or graphics of the Platform and the Services; (vii) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform, (viii) interfere with or disrupt the integrity or performance of the Platform or the data contained therein, or (ix) attempt to gain unauthorized access to the Platform or its related systems or networks.
  51. SPONSOR.ONLINE shall be entitled to investigate and prosecute violations of any of the above and/or any other violations of these Terms of Use as set out in the Terms of Use to the fullest extent of the applicable law. You hereby acknowledge that SPONSOR.ONLINE is under no obligation to monitor Your access to or use of the Platform or Services, but has the right to do so for the purpose of operating the Platform and providing the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
  52. SPONSOR.ONLINE has the right, but not the obligation, to monitor any activity and content associated with the Platform and the Services. We may investigate any reported violations of the Platforms policies or complaints and take any action that we deem appropriate. SPONSOR.ONLINE reserves the right, at any time and without prior notice, to suspend or terminate Your account, or restrict, disable or permanently bar your use and access to the Platform (or any part thereof) if We believe, in our sole discretion, that You have engaged, or may engage, in any activities that violate these Terms of Use, applicable law or for any other reason or for no reason.
  53. You shall not register under a false name or false pretence. You shall not impersonate any participant, or use another participant’s password(s) or engage in any fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Platform. You shall not intentionally try to deceive or post false or misleading information regarding the access and use of the Services.
  54. While SPONSOR.ONLINE endeavours to provide a reliable and functional services, the Platform (or any portion thereof), the Services (or any portion thereof) including any information, data or material arising therefrom are provided to You on an „as-is“ and „as available“ basis and may include errors, omissions, or other inaccuracies. You assume the sole risk of making use and/or relying on the Platform (or any portion thereof) and the Services (or any portion thereof) including any information, data or material arising therefrom. SPONSOR.ONLINE expressly disclaims all warranties and conditions with respect to the Platform (or any portion thereof), the Services (or any portion thereof) including any information, whether implied, expressed, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy, or any other implied warranty under the uniform computer information transactions act as enacted by any jurisdiction. SPONSOR.ONLINE also makes no representation or warranty that the Platform (or any portion thereof) and/or the Services (or any portion thereof) will operate error free or in an uninterrupted fashion or that any files or information that you download from the Platform (or any portion thereof) and/or the Services (or any portion thereof) including any information will be free of viruses or contamination or destructive features.
  55. You hereby undertake to comply with any and all national, domestic, local, federal, state, European or international applicable tax and accounting regulations relating to the Sponsorship Deal and performance of any and all rights and obligations arising therefrom. Notwithstanding anything herein to the contrary, SPONSOR.ONLINE makes no representation to You as to whether all or any portion of your payment is tax-deductible. SPONSOR.ONLINE is not liable for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of Your payment. You should consult your tax advisor as to whether and the extent to which any portion of Your payment is taxdeductible.
  56. Under no circumstances and in no event shall SPONSOR.ONLINE (and its successors, parents, subsidiaries, affiliates, officers, directors, agents, developers) be liable for (i) any direct, indirect, punitive, incidental, special, exemplary, consequential damages or any damages for loss of use, data, business or profits that result from the use of, or the inability to use, the platform or any of the services, or (ii) any misuse or unauthorized use of Your account due to, or related to, Your act or omission, or (iii) any action taken in connection with an investigation by SPONSOR.ONLINE or law enforcement authorities regarding Your or any other party's use of the Platform, or (iv) any errors or omissions in the Service's operation, or any damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, loss of goodwill, whether in an action of contract, negligence, strict liability, tort or any other action. Applicable law may not allow the limitation or exclusion of liability or exemplary, incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using this Platform, You expressly agree to the allocation of risk set forth herein; if You do not agree to this allocation of risk, You are not granted permission to access or otherwise use any part of the Platform and You must cease from accessing and using the Platform and the Services or any part thereof with immediate effect, otherwise it shall be deemed that you agree to the allocation of risk set forth herein without any objection.
  57. You must indemnify and hold harmless SPONSOR.ONLINE for any damages (direct, indirect, punitive, incidental, special, exemplary, consequential or any damages for loss of use, data, business or profits), costs, acts, legal actions, claims, expenses (including any legal fees and costs, court fees etc.) which SPONSOR.ONLINE suffers as a direct or indirect result of any of the following: (i) Your breach of this Terms of Use or any provisions thereof, including any failure to perform Your duties in accordance with these Terms of Use; (ii) any warranty given by You under these Terms of Use or provided when accessing and using the Platform and/or the Services being incorrect or misleading in any way; or (iii) any of Your negligent act or failure to act by except to the extent that any such loss, damage, claim, action or expense is caused solely by the negligence or other wrongful act or omission of SPONSOR.ONLINE; this is without prejudice to the right of termination or other remedies available to SPONSOR.ONLINE hereunder and under the applicable law.
    58. FINAL PROVISIONS
  58. These Terms of Use and Your right to use the Platform will take effect at the moment You access the Platform, and is effective, binding and enforceable, for as long as You use the Platform in accordance with these Terms of Use. Your right to use the Services will take effect at the moment of successful registration and creation of Your account as Brand or Right Holder according to these Terms of Use and information and instructions indicated on the Platform and is effective, binding and enforceable for as long as you use the Services in accordance with these Terms of Use.
  59. In addition, SPONSOR.ONLINE reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Platform and/or the Services for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this Terms of Use, or in order to protect Our name and goodwill, business, and/or other Users. Additionally, SPONSOR.ONLINE reserves the right to terminate Your access and use of the Platform and Your access and use of the Services at anytime, for any reason or for no reason. Termination will be effective without notice. You may also terminate this Terms of Use at any time by ceasing to use the Platform and all of its related features and, if you have registered with the Platform in order to access and use the Services, by emailing us at info@sponsoronline.eu requesting that we delete your account information.
  60. These Terms of Use may be changed, modified, supplemented or updated only by SPONSOR.ONLINE from time to time without advance notice by posting here and You will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Platform after such Changes are posted. You are encouraged to review these Terms of Service periodically for updates and changes.
  61. Any and all notices towards SPONSOR.ONLINE shall be effective only provided that they have been duly and provably delivered to SPONSOR.ONLINE.
  62. You shall not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SPONSOR.ONLINE. We may assign these Terms of Use or any rights and obligations hereunder without your consent. Failure by SPONSOR.ONLINE to insist on strict performance of any of the terms and conditions of this Terms of Use will not operate as a waiver by SPONSOR.ONLINE of that or any subsequent default or failure of performance. We reserve the right to limit the availability of the Platform or the Services or any portion thereof, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the Services or other features that the Platform provides. No joint venture, partnership, employment, or agency relationship exists between You and SPONSOR.ONLINE as result of this Terms of Use or Your utilization of the Platform. All provisions that are intended to survive termination of our relationship with you will so survive, including all provisions relating to intellectual property, confidentiality, disputes, representations/warranties, indemnities, and limitations of liability. Headings herein are for convenience only.
  63. These Terms of Use have been made in and will be construed and enforced solely in accordance with the laws of the Switzerland. You and SPONSOR.ONLINE each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the respective district courts located in Switzerland.