Ellevate is a social network connecting football talents, coaches, scouts, and teams. We provide a recruitment platform on which the Ellevate User can upload performance statistics, photos, and video content, and comments, as well as interact with the community of Ellevate Users. Ellevate Affiliates, who have entered into an agreement with Ellevate, offer benefits to Ellevate Users through the Ellevate Service including information about try-out and scouting events, news and special offers.
You may post, save, upload, and/or contribute content to the Ellevate Service, including photos, text, videos, and performance statistics. You retain ownership rights in, and are solely responsible for “User Content”, meaning anything posted by an Ellevate User through the Ellevate Service, but grant Ellevate a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license. Users have the sole responsibility for the accuracy, integrity, legality, appropriateness, and intellectual property ownership or right to use any and all uploaded data that you submit. Ellevate shall not be responsible or liable for the loss or failure to store any uploaded data. Ellevate does not make any warranty to recovering or restoring lost data. Inappropriate content is subject to removal and abusive users will be suspended. By using the Ellevate Services, the Ellevate User agrees for their information to be shared with applicable Ellevate Affiliates in order to be profiled, sponsored, scouted, or to receive special offers. Ellevate Users and Ellevate Affiliates shall be responsible for obtaining and maintaining any devices or equipment and connections needed for access to and use of the Ellevate Service and all charges related thereto. All information disclosed by Ellevate to an Ellevate User or Ellevate Affiliate shall be confidentially handled, irrespective of its form and medium in which it is contained, and proprietary information shall be regarded in particular: products, know-how, business secrets, business relationships, business strategies, business plans, financial planning, statistics, personnel matters. Such proprietary information shall also only be used if and to the extent required for using the Ellevate Service.
We are liable only as follows: We have unlimited liability in accordance with statutory provisions; arising out of injury damaging to life, limb or health; in case of intent; of gross negligence; and in accordance with the Product Liability Act. Without limiting any of the above, we shall be liable for slight negligence only in the case of violation of an “essential” obligation under this agreement. “Essential” obligations in this sense are obligations necessary for the fulfillment of the agreement, the breach of which would jeopardize the purpose of the agreement in question, and which you can trust to be complied with. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Ellevate, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Ellevate Service, Your Content, or your breach of this Agreement.