Terms and Conditions
These terms and conditions apply to the User of this Website and 17 Sport, Company Number: 880 349 444, incorporated under the laws of France having its offices at 42 Rue des Tilleuls, Boulogne-Billancourt, 92100, France (“17 Sport”) operating for adidas AG, Company Number: HRB 3836 Adi-Dassler-Strasse 1, 91074 Herzogenaurach (“adidas”), the owner of this Website. Your subscription to this Website constitutes your agreement to agree to be bound by these Terms and Conditions. If you do not agree, you should stop using the Website immediately.
1. Definitions
"Account": means collectively the personal information and credentials used by Users to access any communications System on the Website.
“Intellectual Property Rights”: means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“You”: means the individual subscribing and accepting the Services.
“Confidential Information”: means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
“Course Materials”: means the information provided by adidas to accompany a course provided as part of the Services in hard copy or electronic form.
“Intellectual Property Rights”: means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course”: means the delivery by Us of an online course pursuant to which you learn course materials remotely.
“Services”: means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and offered to you through the Website.
"System": means any online communications infrastructure that adidas makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
“Website”: means https://www.breakingbarriersacademy.com/
"We/Us/Our": means 17 Sport and adidas,
“You”: means the individual subscribing and accepting the Services.
2. THE SERVICES
2.1 A description of the Services together with the dates on which the Services will begin are available on our Website. 17 Sport and adidas will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2 We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 You acknowledge that the Services you are accepting will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
2.4 Services provided by 17 Sports and adidas on the Website are free of charge. You may cease to use the Services at any time by deleting your Account.
2.5 You shall be responsible for all costs you incur in connection with your access onto any Online Course.
2.6 Whilst every effort has been made to ensure that all general descriptions of Services available from adidas correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. We neither represent nor warrant that such Services will be available at all times.
3. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Should adidas learns that the User is less than 13 years old, adidas shall cancel without delay said User Account.
4. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
5. Use of Communications Facilities
5.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 5.1.1 You must not use obscene or vulgar language;
- 5.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 5.1.3 You must not submit Content that is intended to promote or incite violence;
- 5.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 5.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 5.1.6 You must not impersonate other people, particularly employees and representatives of adidas or Our affiliates; and
- 5.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail";
- 5.1.8 You must not share your password, let anyone besides yourself access your account, or do anything that might put your account at risk;
- 5.1.9 You must not attempt to access any other User's account;
- 5.1.10 You must Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so;
- 5.1.11 You must not Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- 5.2 You acknowledge that adidas reserves the right to monitor any and all communications made to Us or using Our System.
- 5.3 You acknowledge that adidas may retain copies of any and all communications made to Us or using Our System.
- 5.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
6. Accounts
6.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:
6.1.1 All information you submit is accurate and truthful;
6.1.2 You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
6.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
6.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account.
6.4 When choosing your username you are required to adhere to the terms set out above in Clause 5. Any failure to do so could result in the suspension and/or deletion of your Account.
7. Intellectual Property
7.1 All Intellectual Property Rights in the Course Materials and Online Courses are, and remain, the intellectual property of adidas or its licensors.
7.2 You are not authorised to:-
7.2.1 copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
7.2.2 record on video or audio tape, relay by videophone or other means the Online Course given
7.2.3 use the Course Materials in the provision of any other course or training whether given by us or any third party;
7.2.4 remove any copyright or other notice of adidas on the Course Materials;
7.2.5 modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services.
7.3 In consideration of your subscription, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course. By continuing to use the Website you acknowledge that such material is protected by French intellectual property law and International intellectual property and other laws. Notwithstanding the above, Course Materials may be re-used without written permission where any of the exceptions detailed in French intellectual property law apply
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of 17 Sport or adidas and its affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the homepage of the site www.breakingbarriersacademy.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by adidas@17-sport.com at or call us in the following number: +33 01 86 47 80 15.
10. CONFIDENTIALITY
10.1 Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
10.2 Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
10.2 Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
11. Termination and Cancellation of Accounts
11.1 Either We or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If termination, as mentioned above, occurs, clause 17 (limitation of liability), 7 (intellectual property rights), 10 (confidentiality) and 18 (indemnification) shall continue notwithstanding such termination.
12. ASSIGNMENT
- Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
- We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
13. ENTIRE AGREEMENT
These terms and conditions, together with the Privacy Policy and Cookies Policy displayed on the Website are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
14. FORCE MAJURE
We shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
15. data protection
The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). The use of your Data shall be carried out in accordance with the principles of the Regulation (EU) 2016/679 (General Data Protection Regulation). Details on how we comply to said regulation and your related rights are displayed at https://www.breakingbarriersacademy.com/privacy which you acknowledge having read it in full.
16. Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 17 SPORT AND ADIDAS FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
17. LIMITATION OF LIABILITY
17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, FORESEEABLE OR OTHERWISE, INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN. YOU SHOULD BE AWARE THAT YOU USE THE WEBSITE AND ITS CONTENT AT YOUR OWN RISK.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR RESTRICTS OUR LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING OUT OF THE INCORRECT PROVISION OF SERVICES OR OUT OF RELIANCE ON INCORRECT INFORMATION INCLUDED ON THE WEBSITE.
17.2 IN THE EVENT THAT ANY OF THESE TERMS ARE FOUND TO BE UNLAWFUL, INVALID OR OTHERWISE UNENFORCEABLE, THAT TERM IS TO BE DEEMED SEVERED FROM THESE TERMS AND CONDITIONS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING TERMS AND CONDITIONS.
17.3 YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU, 17 SPORT AND ADIDAS, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
17.4 YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless 17 Sport and adidas from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
19. GENERAL TERMS
19.1 Revisions to the Terms and Conditions.
We reserve the right to revise the Terms and Conditions at our sole discretion at any time. Any revisions to the Terms and Conditions will be effective immediately upon posting by us. For any material changes to the Terms and Conditions, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
19.2 Severability; Waiver
If it turns out that a particular provision of these Terms and Conditions is not enforceable, this will not affect any other terms. If you do not comply with these Terms and Conditions, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
19.3 Content Providers
adidas and integrated service providers are third party beneficiaries of the Terms and Conditions and may enforce those provisions of the Terms that relate to them.
20. NOTICES
20.1 All notices and communications shall be given to Us either by email to adidas@17-sport.com.
Such notice will be deemed the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
Such notice will be deemed the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
22. LAW JURISDICTION
This Agreement is subject to French law and the parties submit to the exclusive jurisdiction of the French courts in connection with any dispute hereunder.
GET IN TOUCH
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adidas@17-sport.com
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