These Terms of Use (as defined below) will apply to the use of the Service (as defined below). Please read these Terms of Use carefully so know what your rights and obligations are when using the Service. If you make any use of the Service during, you agree to be bound by these Terms of Use and you will be considered User (as defined below). These Terms of Use are available for download and print at http://www.yupool.com/terms-of-use.pdf.

Article 1 Definitions
1.1 The following terms, indicated with a capital, whether single or plural, will have the following meaning: a. Account: the personal section created by the User when he/she registers for the Service, which section is maintained by him/her and which section includes the Personal Data that the User provided during the registration process;
b. Agreement: the agreement between Yupool and the User for the access to and use of the Service;
c. Credentials: the User?s username and password to the Service;
d. Intellectual Property Rights: all the intellectual property rights including but not limited to rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as the rights to know-how;
e. Notice: the complete and correctly filled in ?Notice of Illegal Content? that can be found at http://www.yupool.com/ollegal-content which serves to inform Yupool of allegedly unlawful content;
f. Parties: the User and Yupool;
g. Personal Data: any data that directly or indirectly relates to a natural person;
h. Service: the service provided by Yupool via the Website, by means of which the User can access and use sports pools;
i. Terms of Use: the terms of use apply to any and all use of the Service and Website, which may be amended from time to time;
j. User: means the end-user that is allowed by Yupool to access and use the sports pools in accordance with the Terms of Use;
k. Yupool: the company Yupool having its office at (4704RK) Roosendaal at the Belder 80c, The Netherlands;
l. Website: Yupool?s website www.yupool.com and all underlying pages.

Article 2 Scope
2.1 These Terms of Use apply to any use the User make of the Service.
2.2 Yupool is at all times entitled to amend or supplement these Terms of Use. The most current version of the Terms of Use can be found on the Website or will be brought to the User?s attention during its use of the Service. If the User continues to use the Service after these Terms of Use have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented Terms of Use. If the User does not agree with the amended or supplemented Terms of Use, the User?s only remedy is to no longer use the Service and to terminate its Account. Yupool therefore recommends that the User regularly consults the Terms of Use.
2.3 The applicability of any of the User?s purchasing conditions or other conditions is expressly rejected.
2.4 If any provision of these Terms of Use is void or held unenforceable, the other provisions of these Terms of Use will remain in full force and effect. In such a case, Yupool and the User will consult with one another to agree new provisions to replace the void or unenforceable ones. In doing so, the purpose and meaning of the void or voided provision will be taken into account as far as possible.
2.5 In the event of a dispute between the Parties concerning the explanation of a Dutch legal term, the Dutch translation shall prevail.

Article 3 License to use the Service
3.1 Yupool hereby grants the User a non-exclusive, non-transferable, limited right to access and use the Service solely for personal and non-commercial purposes, under the terms and conditions of these Terms of Use.
3.2 The User is responsible for the activities it performs by means of the Service and the Website. Notwithstanding any other provisions of these Terms of Use, these activities may not:
a. include viruses, Trojan horses, worms, bots or any other software that can damage, make unavailable or inaccessible, erase, appropriate an automated work, such as a computer, or data or that are meant to bypass technical security measures of the computer systems of Yupool or third parties;
b. make unreasonable or disproportionate use of the infrastructure of the computer systems of Yupool or third parties or impede the functionality or functionalities of the Service;
c. breach these Terms of Use;
d. infringe on any third party Intellectual Property Rights, privacy rights or any other rights;
e. be unlawful in any way whatsoever; and/or
f. harm the interests and reputation of Yupool.
3.3 The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The risk of loss, theft or damage to any of its data will be borne by the User.
3.4 Yupool does not warrant that the content available via the Service, including the results of sportsmatches, will be errorfree, complete or up-to-date at all times. In the event the User is of the opinion that a certain result is incorrect or not up-to-date, it shall notify Yupool thereof.
3.5 Yupool has no influence over and is not liable and / or responsible for the content accessible via the Service or the Website, provided by the User or third parties. Yupool is not a party to, and therefore can not be held liable for damages arising out of any agreements between the User and the initiator of the sports pools, or any activities performed by them.

Article 4 Account
4.1 In order to be able to use the Website optimally, the User has to create an Account in the way as described on the Website. The User guarantees that the information provided in order to create the Account is complete, true and accurate. The User is not allowed to create an Account in the name of someone else.
4.2 The User is responsible for keeping the Credentials confidential. The User is therefore responsible and liable for all use made of the Service by means of its Account. As soon as the User knows or has reasons to assume that its Account has come into the hands of unauthorised persons, the User should inform Yupool of this, notwithstanding its own obligations to take immediate effective measures itself, such as changing the password to the Account.
4.3 If the User is below the age of sixteen (16) years old, the User needs the consent of its legal representative(s) (its parents or its legal guardian) for creating an Account and/or using the Service. By accepting these Terms of Use the User guarantees that it is indeed at least sixteen (16) years old or that it has obtained the consent of its legal representative(s) to create an Account and to use the Service.
4.4 Yupool accepts no liability for any damages resulting from unauthorised access to or use of the Service by the User or third parties.
4.5 Yupool reserves the right to change the registration and/or sign in procedure and/or Credentials if Yupool deems this necessary for the functioning of the Service.

Article 5 Intellectual Property Rights
5.1 In principle the User retains all Intellectual Property Rights, if any, that vest in you with regard to any submission you post via the Service. The User agrees and acknowledge that by posting any submissions via the Service, including but not limited to predictions of results of sport matches, it automatically grants Yupool a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive license to use, reproduce, circulate and make public the submissions in connection with the Service and to use the submissions for marketing and/or promotional purposes in connection with the Service.
5.2 The User agrees and acknowledges that the submissions posted by the User by means of the Service may be used by other Users of the Service. Yupool cannot guarantee that these other Users will use the submissions in accordance with these Terms of Use and/or applicable legislation. Yupool is not responsible for the submissions or actions of other Users and therefore accepts no liability for any actions of other Users which are in violation of these Terms of Use, the applicable legislation and/or which are otherwise unlawful.
5.3 Yupool and/or its suppliers reserve all rights not expressly granted to the User in this Agreement. The User acknowledges and agrees that except as specifically set forth in this Agreement, Yupool and its suppliers retain all rights, title and interest, including the Intellectual Property Rights, in and to the Service and/or Website as well as any modifications, adaptations or translations thereof. The User acknowledges and agrees that it does not acquire any rights, express or implied, therein, except for the rights expressly granted under this Agreement.
5.4 The User is not allowed to remove or modify any designation concerning the confidential nature or concerning the Intellectual Property Rights from the Service.
5.5 The User is not permitted to sell, rent out, transfer or grant restrictive rights to the Service, or to make it available to third parties in any way or for any purpose. The User will also refrain from granting third parties access ? remote or otherwise ? to the Service or to provide the Service to a third party for the purpose of hosting, even if the third party in question only uses the Service on behalf of the Client.
5.6 Yupool and/or its suppliers are allowed to take technical measures to protect the Service. The User shall not be allowed to remove or evade such a technical measures.

Article 6 Database
6.1 The collection of data in the Service is to be regarded as a database within the sense of Directive 96/9/EC on the legal protection of databases. Yupool and/or its licensors are the producer of this database and in that capacity has/have the exclusive right to grant consent for the use of data from this database. The User may only use data from the database insofar as use is allowed pursuant to these Terms of Use. The User is not allowed, without the prior written consent of Yupool and/or its licensors, to retrieve and re-use a substantial part of the data of the database and/or retrieve and repeatedly and systematically re-use non-substantial parts of the data of the database within the sense of the Directive 96/6/EC and the Dutch Databases Act (?Databankenwet?).

Article 7 Privacy
7.1 During the use of the Service, the User provides Personal Data to Yupool, for instance by creating an Account. These Personal Data will be saved and processed in accordance with the Privacy Statement (available at [url]) and the Dutch Personal Data Protection Act (?Wet bescherming persoonsgegevens?)

Article 8 Notice and takedown
8.1 In order to terminate infringements of the rights of third parties as soon as possible, Yupool has developed a procedure for reporting infringing content by means of a notice.
8.2 If the User claims that certain content infringes its rights, it can report this alleged infringement to Yupool by sending a notice to e-mail address info@yupool.com. Yupool will examine the notice and, if possible and necessary, take the measures as stated in this article.
8.3 The notice should include:
a. the URL within the Website on which the allegedly infringing content can be found;
b. a statement that the User?s rights have been infringed and why;
c. contact details which Yupool can use to contact the User, such as its complete name, address, telephone number and email address;
d. a statement supported by documentary evidence that the information in the User?s notice is accurate and complete and ? if it concerns the alleged infringement of Intellectual Property Rights ? that the User is the holder of the respective Intellectual Property Rights or that it is authorised to act on behalf of the holder;
e. a description of the work or works which has or have been allegedly infringed, with a specification of the precise nature of that alleged infringement.
8.4 Yupool reserves the right to forward the notice to the party responsible for the content to which the notice refers. 8.5 In the event it is evident from the notice that the content the notice refers to are manifestly unlawful, Yupool will remove or block access to the content.
8.6 Yupool reserves the right not to grant a request to remove content or make content inaccessible if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted or if the content to which the notice refers does not appear to be manifestly unlawful. Within that scope Yupool may for instance require a judicial decision of a competent court in the Netherlands, which decision demonstrates that the content concerned is manifestly unlawful.
8.7 By issuing a notice the User indemnifies Yupool against any claim of third parties with regard to removing or making inaccessible the content and/or the provision of the name, address and place of residence of the User that sent the notice. Such indemnification also covers all the damage that Yupool suffers and the costs it incurs in relation to such claim, including ? but not limited to ? reimbursing the costs of legal assistance.
8.8 Yupool will not in any way whatsoever be a party to any dispute between the party that issued the notice and the other party.

Article 9 Indemnities and interruptions
9.1 The User indemnifies and holds Yupool harmless against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from its use of the Service; a violation by the User of these Terms of Use; and/or any unlawful activities.
9.2 Yupool is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to the User, if in the opinion of Yupool this is necessary for instance in connection with the reasonably required maintenance of the Service.
9.3 Yupool does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur, as a result of failures in the internet or phone connection or by viruses or faults/defects. Yupool is not liable or obliged to the User to pay compensation in any way whatsoever for any damage resulting or arising from the Service being (temporarily) unavailable.

Article 10 Limitation of liability
10.1 Yupool will not be liable for attributably failing (?toerekenbare tekortkoming?) to perform the Agreement or any unlawful act (?onrechtmatige daad?), as far as this is allowed by a mandatory or peremptory rule of law.
10.2 The only remedy that the User has if it thinks that it has suffered damages is to discontinue the use of the Service and/or to cancel its Account.
10.3 In the even that Yupool is liable for damages by a mandatory or peremptory rule of law, it can only be held liable for direct damages resulting from an attributable failure to perform its obligations under these Terms of Use and/or resulting from an unlawful act of Yupool. ?Direct damages? will in this respect solely mean:
a. property damages (?zaakschade?);
b. reasonable expenses which the User would have to incur to make Yupool?s performance conform to the Agreement;
c. reasonable expenses incurred by the User to determine the cause and scope of the damage, insofar as the determination relates to direct damage within the meaning of this Agreement;
d. reasonable expenses incurred to prevent or mitigate damage, insofar as the User demonstrates that these expenses resulted in mitigation of direct damage within the meaning of this Agreement;
In no event will Yupool?s liability per event exceed EUR 1,500.00. In no event will Yupool?s total, aggregate liability exceed EUR 2,000.00.
10.4 Yupool will not be liable for any other damages than direct damages, including, but not limited to, consequential damages (?vermogensschade?, ?gevolgschade?) arising out of, or in connection with this Agreement, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill or reputation, or other incidental, indirect, punitive or exemplary damages of any kind, independent of whether the User provides notice to Yupool of such potential injury, damages or loss.
10.5 The limitations mentioned in the preceding paragraphs of this Article 10 shall not apply if and insofar as the damage or injury is the result of intentional acts or omissions or gross negligence by Yupool or its managers.

Article 11 Termination
11.1 The User is entitled to terminate the Agreement at any time by discontiuing the use of the Service and/or by terminating its Account.
11.2 In addition to the other remedies or means available to Yupool, Yupool is at all times at its own discretion and without prior notice or explanation and without becoming liable to the User entitled to:
a. (temporarily) restrict or suspend the User?s activities in connection with the Service; and/or
b. temporarily or permanently terminate the User?s Account.
11.3 All provisions which are meant to survive any termination of the Agreement, in order to give effect to their meaning will survive the termination of the Agreement, including but not limited to, all of the User?s representations, warranties and indemnification obligations.

Artikel 12 Contact details
12.1 Yupool can be contacted by means of the contact details as mentioned at http://www.yupool.com/contact.

Article 13 Applicable law and competent court
13.1 These Terms of Use, the Agreement and the use of the Service and/or the Website are governed by and construed in accordance with the laws of The Netherlands. The applicability of the Vienna Convention on the Sale of Goods is expressly excluded.
13.2 All controversies, disputes or claims arising out of or relating to these Terms of Us, the Agreement and the use of the Service and/or the Website shall be exclusively and finally settled by the competent civil court in the district of Amsterdam, The Netherlands unless another competent court has been prescribed by a mandatory or peremptory rule of (international) law.

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YUPOOL PRIVACY POLICY

Your privacy is very important for Yupool. Yupool therefore respects and honours the privacy of all of its users. This document gives a description of how Yupool collects and processes the User?s personal data. We recommend that you, as a User, read this Privacy Policy carefully. The words in this Privacy Policy indicated with a capital letter are defined in the Yupool Terms of Use, which can be downloaded at http://www.yupool.com/terms-of-use.pdf.

1. Yupool
Yupool is a company established under the laws of the Netherlands, and is has its registered office at (4704RK) Roosendaal, the Netherlands at the Belder 80c, and is registered at the Dutch Chamber of Commerce under number 52793761.

Yupool provides a service through the Website that can be described as an online platform for sports pools. The sports pool is organised and maintained by a third party company by means of the Yupool Website. The User can join a sports pool and provide its own predictions for the sports pool via the Service. All factual sports information for the pools is automatically provided by Yupool.

2. The personal data collected and processed by Yupool
Account
To make use of the Service, the User must create an Account. When creating the Account, the User is asked to enter its email address and a password. This Account will be processed together with the User?s IP-address (the unique number of its computer making it possible to recognize it). The User?s email address will be shown in the concerning sports pool only. Thus, only the other Users [and Company of the concerning sports pool will be able to view the email address of the User by means of the Service. The User may also provide its usernames of social media platforms such as Twitter, Facebook, Hyves and LinkedIn. These personal data are also only viewable by means of the Service for the Users and Company of the concerning sports pool. Other personal data can not be viewed by third parties. The User can always inspect and, if necessary, amend the provided personal data in its Account.

Automatically generated information
Yupool collects automatically generated information about the User?s surfing behavior during the User?s use of the Service. This information consists of, but is not limited to, the User?s IP-address, the browser type (the computer program for viewing internet pages) and cookies.

3. Cookies
Like most websites, Yupool uses cookies and web log files to track site usage. A cookie is a tiny data file that is saved on the User?s computer and which allows the Service to recognize the User when it returns to the Service using the same computer and browser. Cookies cannot damage the User?s computer or the files stored on the computer.

Information is saved in the cookies (such as the settings of your computer and certain preferences) in order to make the process of the User?s next visit to the Service faster and the use of the Service easier. The information in cookies does not include personal data, apart from the User?s email address. The User can adjust its browser settings so that it does not receive any cookies during its next visit of the Service. However, in that case the User may not be able to use all parts or possibilities of the Service or it may not have access to (parts of) the Service. In order to learn more about these functions the User can consult the Help function of the used browser.

If the User uses a public computer, it should log out after its session. Also the User must keep its password strictly confidential in order to avoid others using the Account without its consent.

4. Purposes for which Yupool will process personal data
Purposes
Yupool will process your personal data for the following purposes:
- To administer the Account;
- to facilitate interaction and communication and to share information between the User and the Service and the initiator of the sports pool(s);
- to determine your timezone and location for adjusting lingual differences;
- to inform the User about relevant information and developments within the Service;
- to inform the User about Yupool?s products or services similar to the Service;
- to analyse data within the Service with the purpose of improving and/or customising the Website and the Service to the User;
- to provide personal data to third parties, in the event Yupool is obliged to do so pursuant to legal provisions.

Use by Yupool
Yupool aims to keep the User informed of any changes to its Services or the Website. Yupool will also keep the User informed of any actions or events organized by it. Yupool will therefore use the User?s personal data to send notices and emails regarding these aspects. If you do not want to receive such notices and/or emails, you can unsubscribe by means of a special hyperlink included in every mailing. Please be aware that the User will always receive certain emails and/or notices from Yupool relating to the proper functioning of the User?s Account.

Yupool uses the User?s IP-address in order to determine the User?s timezone and location, so that it can adjust the Service automatically to lingual differences (such as the use of the words ?soccer? or ?football?).

Yupool uses automatically generated information for statistical purposes as well as for protection of the Service and/or Website. These details can be provided to third parties insofar as they cannot be traced back to you personally, therefore it does not include personal data.

Use by third parties
Yupool can, without the User?s consent, provide the User?s details to third parties insofar as necessary for providing Services to the User, to carry out the User?s instructions, to provide specific services or information, or insofar as these details cannot be traced back to the User personally (and therefore are no personal data).

In the event that (parts of) the Yupool company are transferred to a third party, in the event that Yupool merges with a third party, or in the event of a reorganization, the User?s personal data may also be disclosed and/or transferred. Any third party to which Yupool transfers or sells Yupool?s assets will have the right to continue to use the personal and other information that the User provide to us.

If the User makes personal data about itself public by means of the Service, it should take into account that these data can be read and used by others. The data might also be placed on other websites by third parties. If the User makes data available by means of the Service, its username may be published.

Yupool may provide aggregated anonymous data ? meaning that these data will not be retraceable to the User ? about the usage of the Service to third parties for such purposes as it deems, in its sole discretion, to be appropriate.

Yupool can provide its personal data to third parties if it is obliged to do so, pursuant to legal obligations, such as responses to civil or criminal subpoenas or other requests by law enforcement authorities. Yupool will disclose such personal data wherein it has a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceedings, subpoena, or other legal process or request to Yupool brought in any country throughout the world, or to exercise its legal rights or defend against legal claims.

Google Analytics
Yupool uses Google Analytics, a webanalysis service provided by Google Inc. (?Google?). Google Analytics uses cookies, as described in paragraph 3, in order to help Yupool analyse how the User uses the Service. The cookie generated information (including the User?s IP-address) will be transferred to and saved by Google at servers in the United States of America. Google uses this information to inform Yupool how the User uses the Service, to draft reports about the activities on the website for Yupool and to provide other services with regard to activities on the website and the usage of internet. Google may provide this information to third parties if Google is legally obliged to do so, or if third parties process these data on behalf of Google. Google will not combine your IP-address with other data that Google has. The User can refuse the cookies, as described in paragraph 3.

Google and all of its subsidiaries, including Google Analytics, are safe harbor certified.

5. Security
Yupool will take suitable technical and organisational measures to protect the User?s personal data against loss or against any form of unlawful processing.

All personal data on the Service and/or the Website is saved according to general safety rules in regard to digital data storage. Yupool renders its best efforts to ensure the safety of the User?s personal data. Data the User supplies are stored on servers with limited access. These servers are located in secured buildings. Sensitive personal data sent in communication between the User and these servers are being encoded.

It is the User?s responsibility to protect the security of its Credentials. Please note that emails and instant messages and similar means of correspondence are not necessarily encrypted and Yupool strongly advises the User not to communicate any confidential information through emails, instant messages or similar means of correspondence.

6. Transfer to countries outside the EU
Since Yupool uses Google Analytics, as described in paragraph 4, some personal data are transferred to the United States of America. Google is a party to the safe harbor program. This means that Google ensures an adequate level of security for processing the personal data.

7. Responsibility
The Service and/or Website may contain hyperlinks which link to websites of third parties. Yupool has no power over or influence on websites of third parties. Different privacy policies may apply to the use of websites of third parties. This Privacy Policy only relates to personal data which have been obtained by means of (the User?s use of) the Service and the Website. Yupool does not accept any responsibility or liability for (the operation and/or contents of) websites of third parties.

By means of the Service the User can share information about itself with others, such as with the initiator of the sports pool. The User is responsible for the personal data that it makes available via the Service and/or the Website. Yupool does not accept any responsibility or liability in this regard.

8. Viewing and changing personal data
The User can always view, review, update, modify, delete, enhance or edit its personal data in its Account. The User can close its Account by means of the Account page. The User should be aware that even after its request for a change is processed, Yupool may, for a time, retain residual information about the User in its backup and/or archival copies of its database. Predictions to sports pools that the User has submitted are stored in the Yupool database, and will not be deleted after termination of the User?s Account since these predictions are not retraceable to the User and therefore no personal data.

If the User closes the Account, Yupool will remove the username and other personally identifiable data from the public part of the Service. Yupool may retain certain data provided by the User insofar as it may be necessary to prevent fraud or future abuse, or for other legitimate reasons, including business purposes, or if it is required by law. All retained personal data will continue to be subject to this Privacy Policy.

If the User wishes to know which data Yupool has recorded or if the User wishes to change personal data it can not change in its Account, the User can contact Yupool by sending an email to info@yupool.com.

9. Changes to this Privacy Policy
This Privacy Policy can be changed. These changes shall be published on the Website.

10. Applicable law and competent court
If any provision of this Privacy Policy is not enforceable or considered void due to a mandatory or peremptory rule of law, then this mandatory or peremptory rule of law will apply.

All disputes resulting from or arising out of this Privacy Policy shall be dealt with in accordance with the Terms of Use.

11. Questions or remarks?
If you still have any questions or remarks about Yupool?s Privacy Policy, please contact Yupool by means of the Website or by sending an email to info@yupool.com.

© 2011 Yupool