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Athletes Auction User Agreement

Your User Agreement
The following describes the terms on which Athletes Auction offers you access to our services. In these terms & conditions we distinguish two parties: sellers (professional athletes offering their services) and buyers (professional sports organisations).

Introduction
By using Athletes Auction (including Athletes Auction.com and its related sites, services and tools), you agree to the following terms with Athletes Auction and the general principles for the website.

This Agreement is effective on 1st March 2011, for current users, and upon acceptance for new users.

Scope
Before you may become a member of Athletes Auction, you must read and accept all of the terms in, and linked to, this User Agreement and the Athletes Auction Privacy Policy. We strongly recommend that, as you read this User Agreement. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy only will apply whenever you use the Athletes Auction website or service, or when you use the tools we make available to interact with the Athletes Auction site and service.

Using Athletes Auction
While using Athletes Auction sites, services and tools, you will not:
- Post content or items in an inappropriate category or areas on our sites and services;

- Violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;

- Use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18(and not supported in any way by a legal representative) or are temporarily or indefinitely suspended from using our sites, services or tools;

- Circumvent or manipulate our fee structure, the billing process, or fees owed to Athletes Auction;

- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information); Athletes Auction is in no wy responsible for any information added to the website by registered users.

- Transfer your Athletes Auction account (including feedback) and User ID to another party without our consent;

- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

- Distribute viruses or any other technologies that may harm Athletes Auction, or the interests or property of Athletes Auction users;

- Export or re-export any Athletes Auction tools except in compliance with the export control laws of any relevant jurisdictions;

- Copy, modify or distribute rights or content from the Athletes Auction sites, service or tools or Athletes Auction's copyrights and trademarks; or

- Harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Athletes Auction
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Athletes Auction transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).

Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Athletes Auction site.

Buyer & seller protection
Buyers and sellers share the responsibility for making sure negotiations and deals facilitated by Athletes Auction are hassle-free. Buyers and sellers agree to follow the requirements of this User Agreement.

Buyers agree:

- To respect User Agreement at all times

- That submitting of bids is a binding action.

- Once a seller has accepted a bid for his of her services, legally both parties are bound to an agreement.

- To sign FIBA-approved contract within 48 hours of receiving it.

- To pay to Athletes Auction within 30 days after receiving the bill a 5% percent fee over the fixed net salary of seller, over the agreed contract period.

- That every contract with a player registered at Athletes Auction, will be handled by Athletes Auction only.

Sellers agree:

- To respect User Agreement at all times

- That accepting bids is a binding action

- Once a seller has accepted a bid for his of her services, legally both parties are bound to an agreement.

- That any contract with a club registered at Athletes Auction will be handled by Athletes Auction only.

- To sign FIBA-approved contract within 48 hours of receiving it.

Contract
Athletes Auction provides both seller and buyer with a standard FIBA-approved contract. Athletes Auction takes responsibility for these agreements but cannot be taken responsible for settlements that are not covered in these documents. Athletes Auction can in no way be held responsible for buyer or sellers not fully fulfilling contract settlements. Athletes Auction can in no way be held responsible for any additional aggreements made between seller and buyer outside the provided standard FIBA-approved contract. Athletes Auction can however conduct proceedings as a mediator, when a conflict rises concerning contract details.

Limitation of Liability
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the paragraphs in this User Agreement. Responsibilty concerning contracts with any third parties lie fully with either buyer or seller. In no way can Athletes Auction be taken accounted for legal agreements between third parties and seller or third parties and buyer. Any form of liability is restricted to a maximum penalty of the charged 5% fee.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Conflicts and claims will be brought before the BAT of FIBA in Geneva.

Access and Interference
Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Athletes Auction by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.

Additionally, you agree that you will not:

- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Athletes Auction and the appropriate third party, as applicable;

- Interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools.

Listing Conditions
By listing your services on Athletes Auction's sites, you accept the following listing conditions: When you list your services on Athletes Auction's sites, your listing will be posted on Athletes Auction's sites and can be viewed in My Athletes Auction. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Athletes Auction can't guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including salary, position and keywords.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Athletes Auction Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the Netherlands that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Athletes Auction Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Moreover, seller and buyer take full responsibility of using Athletes Auction.

Notices
Except as explicitly stated otherwise, legal notices shall be served on Athletes Auction's national registered agent (in the case of Athletes Auction) or to the email address you provide to Athletes Auction during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Legal Disputes
If a dispute arises between you and Athletes Auction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Athletes Auction agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us at legal@athletesauction.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by Dutch law as they apply to agreements. You agree that any claim or dispute you may have against Athletes Auction must be resolved by the parties or as described in the Arbitration Option paragraph below.

Arbitration Option: any judicial differences between buyers/sellers and/or Athletes Auction will be brought before the BAT of FIBA.

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