FC Urban Terms & Conditions

These terms and conditions apply to the use of FC Urban (as defined below). We advise you to read these terms and conditions carefully so that you are aware of your rights and obligations when using FC Urban. If you have any questions and / or comments about these terms and conditions, you can contact us at pim@fcurban.es

1. Definitions

In these General Terms and Conditions we have defined a number of terms. 

These are always capitalized and can be used in singular or plural. These terms include the following:

Account: the user account you have created, which gives you access to FC Urban;
Terms and Conditions: the conditions that apply when using FC Urban
Content: all data, information and images in the broadest sense of the word made available by us or our licensor via FC Urban / the Website;
FC Urban: the private company, FC Urban B.V., with its registered office in (1017AX) Amsterdam, Singel 496-1, registered in the Trade Register of the Chamber of Commerce under number 68439695.
IP rights: all intellectual property rights and related rights, such as copyrights, trademark rights, database rights, trade name rights and related rights, as well as related rights such as know-how rights and so-called one-line performance;
Agreement: the agreement between us and you for the use of FC Urban;
Platform: FC Urban’s platform, accessible via the Website, which allows Urban Players to register for a football event at a Spot via their Account.
Privacy Statement: the FC Urban privacy statement, accessible via www.fcurban.nl
Urban Player / You: the natural person who uses FC Urban;
Website: the FC Urban website, accessible via www.fcurban.es and all underlying pages;

2. Applicability

2.1 These General Terms and Conditions apply to your use of the Platform and to all legal relationships between you and FC Urban.

2.2 FC Urban can change or amplify these General Terms and Conditions. You can always find the current Terms and Conditions on the Website. Any changes or additions to the General Terms and Conditions will be brought to your attention during your use of the Platform. If you continue to use the Platform, you irrevocably agree to the amended or supplemented General Terms and Conditions. If you do not agree with the amended or supplemented General Terms and Conditions, then your only option is to terminate the Agreement in accordance with Article 9.

3. The platform & availability

3.1 If you have fully complied with all obligations under these Terms and Conditions, FC Urban grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Platform for the duration of the Agreement

3.2 FC Urban strives to deliver the Platform as well as possible. You agree that the Platform contains only the functionalities that are available at the time of use (“as is”). You agree that the use the Platform is at your own risk and at your own responsibility at all times.

3.3 FC Urban is, without becoming liable to you in any way, at all times entitled to:
a. Make procedural and technical adjustments and / or improvements to the Platform; and
b. Decommissioning or limiting the Platform or Account (temporarily) if this is necessary in its opinion, for example for preventive, corrective or adaptive maintenance and / or if you act in violation of the General Terms and Conditions. FC Urban will inform you as soon as reasonably possible of the temporary decommissioning or the temporary limited use of the Platform / Account.

4. User Account

4.1 In order to use the Platform, you must create a personal Account. During the registration process you will be requested to provide certain information for the purpose of creating an Account. To enable you to use the Platform, you represent FC Urban and are responsible for ensuring that:
i) the information you provide when creating your Account is correct, complete and current, and
ii) that you update information in your Account if changes occur.

4.2 You are responsible and liable for all use made of your Account. You must keep the login details of your Account confidential. FC Urban can assume that you are the only one who logs in with your login details. As soon as you know or suspect that your login details are no longer secret or that the Account has been misused, you must immediately notify FC Urban via pim@fcurban.nl

4.3 You may not register or use more than one Account at a time. FC Urban can close one or more Accounts if FC Urban reasonably suspects that you have multiple Accounts.

5. Use platform & participation in matches

5.1 Football matches are played as much as possible on the day (s), time (s) and location (s) stated on the Website. FC Urban, however, reserves the right to make changes in this regard at any time, if this is necessary in its opinion.

5.2 The cancellation, cessation or non-completion of a football match does not entitle you to a refund of (any part of) the prize or other compensation. This also applies if there
it is a matter of moving a football match in time or location or a decision of the referee that the game (partially) cannot take place.

5.3 Participation in a football match is always at your own risk and responsibility. FC Urban is not liable for any kind of injury sustained by an Urban Player or any damage caused by other incidents on or off the playing field.

5.4 The registrations for a football match are registered in order of receipt of registrations via the registration form until the maximum number of Urban Players for this Football Match has been reached.

5.5 If the number of registrations is too small, any football match can be canceled, without this in any way leading to any right to compensation and / or liability of FC Urban.

5.6 FC Urban is not liable for theft of or damage to property of any kind. Taking and storing property is entirely at your own risk.

5.7 FC Urban is entitled, without becoming liable to you in any way, at all times entitled to cancel or block (the access to) your Account. FC Urban created rules of engagement which entitles FC Urban to temporary cancel or block the access to FC Urban:

– 5.7.1 When not showing up for a game:
When during a year Urban players do not show up for a match they are subscribed for the following rules apply:
i) One time not showing up – Official warning
ii) Second time not showing up – Block access to FC Urban for two weeks, not able to play a FC Urban match for two weeks
iii) third time not showing up – Full block of the access to FC Urban matches, not able to play FC Urban matches anymore.

– 5.7.2 When too late for a game:
When during a month Urban players are too late for a game they are subscribed for the following rules apply:
i) one time too late – First official warning
ii) Second time too late – Block access to FC Urban for one week, not able to play a FC Urban match for one week
iii) Third time too late – Block access to FC Urban for one month, not able to play a FC Urban match for one month

– 5.7.3 When violation of FC Urban social principles, norms & values:
When during a year Urban players violate the social principles, norms & values as presented in “our club” the following rules apply:
i) First time violation of principles – Official warning
ii) Second time violation of principles – Block access to FC Urban matches for one month
iii) Third time violation of principles – Full block of the access to FC Urban matches

6. FC Urban Master

The FC Urban master is the host of a FC Urban match. The master a social engager, provides all materials, leads the game & tracks all stats. 

6.1 Urban players must follow & respect all instructions, instructions and decisions of an official during a football match. FC Urban is not liable for any damage you suffer as a result of any decision the master may make under the rules of the game relating to the normal procedures required to conduct, play and direct a match.

6.2 Such a decision may be a decision:
a. that the state of the playing field or the terrain or the weather conditions are such,
whether or not they allow a match to be played;
b. to stop a football game for any reason;
c. on the suitability of the field and ball equipment during a football match;
d. to interrupt or not to interrupt a match due to public nuisance or because of any problem along the playing field;
e. whether to interrupt a football game to allow an one injured Urban Player leaves the playing field to be cared for;
f. to request that an injured Urban Player be removed from the playing field removed to allow care;
g. whether or not to allow an Urban Player to wear certain clothing or equipment; or
h. any other decision the referee may make in accordance with the game rules.

7. Privacy

During your use of the Platform, you provide personal data to FC Urban. This provision of information is subject to privacy laws and regulations, including the Personal Data Protection Act. The FC Urban Privacy Statement describes how FC Urban handles your personal data that you have provided to use the Platform and how FC Urban protects your privacy when you use the Platform.

8. IP rights

8.1 The IP rights with regard to the Platform, the Website and the Content rest with FC Urban or its licensor (s). Nothing in these Terms and Conditions is intended to transfer any IP rights to you.

8.2 You are not allowed to:
a. reproduce the Content and other information, make it public, to resell, use for commercial purposes or otherwise make available (to third parties), unless mandatory law allows this;
b. reproduce, decompile, or reverse engineer the Platform unless mandatory law permits;
c. to use tools other than those provided by FC Urban to search the Platform, use data mining, robots or other means to collect data or to use any software and / or hardware tools and / or solutions (in-house or made available by third parties), insofar as these are aimed at taking over Content, or to divide, scrape, search or otherwise use and / or inspect the Platform in any other way;
d. engage third parties to perform one of the actions mentioned in this article.

8.3 In principle, you retain the IP rights with regard to the data placed and provided by you. By submitting and / or providing data, you automatically grant FC Urban a free, worldwide, perpetual, irrevocable, sub-licensable and transferable license to publish and reproduce this content to the extent that it is part of providing it. Platform is required, including to other Urban Players.

9. Prices & payments

9.1 You owe FC Urban a fee for the use of the Platform. This fee consists of a monthly fee on a subscription basis, which is payable (monthly) in advance.

9.2 Unless otherwise stated, all amounts stated by FC Urban are in euros and Inclusive of turnover tax (VAT) and other government levies.

9.3 FC Urban is entitled to increase the prices for the use of the Platform, without you having to cancel the Agreement with FC Urban.

9.4 Complaints regarding FC Urban and / or the Platform do not suspend your payment obligations. FC Urban is entitled to suspend the fulfillment of its obligations until you have fulfilled all your due and payable obligations.

10. Duration & termination

10.1 You enter into an Agreement for an indefinite period. You can terminate the Agreement on https://fcurban.es/cancelation/ , subject to a ten (10) days’ notice.

10.2 Upon termination of the Agreement, for whatever reason, FC Urban will delete your Account and you will no longer have access to the Platform. FC Urban is not obliged to provide you with any Content or information or to convert or convert such information
to export. The license as referred to in Article 8.3 with regard to your data, will remain in force and apply after termination of the Agreement.

11. Liability

11.1 FC Urban’s liability for a shortcoming, tort or any other act or omission by FC Urban, its employees or third parties engaged by it, expressly including any shortcoming in the fulfillment of a guarantee obligation, is limited to the compensation of direct damage. FC Urban’s total liability (that is, regardless of the number of damage-causing events during the term of the Agreement) in respect of direct damage is limited to compensation of up to the amount you paid under the Agreement in twelve (12 ) calendar months prior to that event (ex. VAT). However, FC Urban’s total liability will in no case exceed EUR 500 (ex. VAT).

11.2 Direct damage exclusively means:
a. Reasonable costs you should incur to achieve FC Urban’s performance bring it into line with the Agreement, unless you have the Agreement dissolved;
b. reasonable costs you have incurred to determine the cause and extent of the damage to the extent that the determination relates to direct damage; and
c. reasonable costs incurred to prevent or limit damage, insofar as these can be considered direct damage.

11.3 Any liability of FC Urban other than for direct damage, including but not limited to indirect damage, consequential damage, loss and / or damage to data, loss of profit, loss of turnover, missed savings and damage as a result of claims by third parties is excluded.

11.4 You are only entitled to compensation if you report the damage in writing to FC Urban immediately after it has arisen. Any claim for compensation against FC Urban lapses by the mere lapse of one (1) year after the claim for damage arose.

12. Force Majeure

12.1 There is no culpable shortcoming in the fulfillment of the Agreement by FC Urban in case of force majeure.

12.2 Force majeure includes illness of employees and / or absence of employees who are crucial to the delivery of the Platform, interruptions in the supply of electricity, strikes, riots, weather conditions, government measures, fire, natural disasters, floods, shortcomings of FC suppliers. Urban, shortcomings of third parties engaged by FC Urban, failures in connection to the internet (whether or not due to an (attempted) DDoS attack), hardware failures, failures in (telecommunication) networks and other unforeseen circumstances.

12.3 If the force majeure continues for at least thirty (30) days, FC Urban is entitled to terminate the Agreement, without it being obliged to compensate any damage with regard to this dissolution.

13. Warrenties & indemnitiesa

13.1 FC Urban does not guarantee that:
a. the Platform is accessible at all times and without interruptions, defects or malfunctions;
b. all football matches continue;
c. the Platform is effective or that the use of the Platform provides certain results has an effect; or
d. the Content provided via the Platform is correct, current and complete.

13.2 We are not responsible for:
a. errors in data transfer, failure or unavailability of computer, smartphone, tablet, data or telecommunication facilities, including internet;
b. creating backup copies of Content.

13.3 You are liable to FC Urban for and fully indemnify FC Urban against all damage and costs that FC Urban suffers or incurs as a result of (i) an attributable shortcoming in the fulfillment of the Agreement by you, (ii) any acts of you when using the Platform or (iii) any wrongful act.

14. Final Provisions

14.1 FC Urban may transfer rights and obligations arising from these General Terms and Conditions or the Agreement to third parties and inform you thereof. You are not permitted to transfer the Account and the rights derived from it to third parties without the prior written permission of FC Urban.

14.2 The obligations under these Terms and Conditions which by their nature are intended to survive termination will remain in force even after termination of these Terms of Use.

14.3 If and insofar as any provision of the General Terms and Conditions is declared void, invalid or non-binding, this will not affect the validity of the other provisions. In that case FC Urban will replace the relevant provision with a new provision, which will approach the nature and tenor of the old provision as closely as possible, without being void, invalid or non-binding.

14.4 Dutch law applies to these General Terms and Conditions and the use of the Platform.

14.5 Disputes arising from or arising in connection with these General Terms and Conditions and / or Agreements concluded in application of these General Terms and Conditions will be brought exclusively before the competent court in Amsterdam, unless mandatory (inter) national rules prescribe otherwise.