GENERAL CONDITIONS OF USE FOR BLOND SPORTS
Version: 2.0 — Effective as of July 2, 2025
Any additional terms and conditions or supplementary documents that may be posted from time to time on the Services are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to modify these Legal Terms at any time. Any changes will be indicated by updating the “Last Updated” date stated in these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Legal Terms regularly to stay informed of any updates. By continuing to use the Services after the posting of the revised Legal Terms, you will be deemed to have been made aware of and to have accepted the changes.
The BLOND SPORTS Service (hereinafter referred to as the "Service") is a SaaS-based tool for the centralized management of accreditations granted for a particular event by a sports club, association or company. The purpose of these general terms and conditions is to define the terms and conditions of use of the Service (the “Conditions”).
The use of all BLOND SPORTS products, software, services and websites (collectively referred to in this document as the "Services") is governed by the terms of a legal agreement between Blond Sports and You. The present document describes the content of the aforementioned contract and defines certain terms of this contract.
1 - ACCEPTANCE
"BLOND SPORTS" refers to the company Blond Sports SA, with capital of 7 368 euros, whose registered office is located at 53 rue des Genêts, L-8131 Bridel, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Registry under number B288877.
When You enter into this agreement on behalf of a legal entity, You certify that You have the authority to bind such entity to these terms and conditions, in which case the terms "licensee", "client", "stakeholder", "you", "your" or "yours", whether capitalized or not, shall refer to such legal entity.
You certify that you are engaging in a professional activity with BLOND SPORTS.
2 - DEFINITIONS
"Administrator" refers to the user who manages the Services and determines the access rights of each User.
"Business Days" means any day on which banks in Luxembourg are open to the public.
“Blond Sports Account” means the account to access to the use of the Services by the User and provided by BLOND SPORTS.
"Client" means the natural or legal person who registers for and activates the Services provided by BLOND SPORTS and assumes responsibility for payment for such Services.
"Content" means any data, information, image, file, sound, text, program, software, code, or element of any kind that is exploited, distributed, stored, transmitted, issued, collected, processed or made available directly or indirectly by means of the Services.
"Contact details" refers to all information relating to the Client for whom the Services are subscribed.
"Contract" refers to any agreement, this Conditions included, entered into by and between You and BLOND SPORTS governing the Services and any ancillary services connected to it.
"User" refers to the natural person related to the Client who, allowed by the Administrator, obtains access to the Services.
"Services" or "Solution" refers to access to all BLOND SPORTS products, software, services and websites, in particular access to your Blond Sports Account whatever the Subscription Plan chosen.
3 - REGISTRATION
To use the Services, You may be required to complete and submit a registration form. As part of this registration process, You agree to: (i) provide current, complete and accurate information and (ii) maintain and update such information to keep it current, complete and accurate.
You may not register for the Services if You are under the age of 18. By registering, You assure BLOND SPORTS that You are 18 years of age or older.
BLOND SPORTS may ask you to update, modify or complete your personal information, if BLOND SPORTS finds that any of your personal information is inaccurate, incomplete or obsolete,
You agree to be informed by any means of communication of new services, product launches and BLOND SPORTS announcements, changes to the conditions of use or invoicing of the Services.
4 - SERVICE AND LICENSING
4.1. General aspects
Subject to acceptance of and compliance with these Conditions and the Subscription Plan chosen, as well as payment of the price thereof, BLOND SPORTS hereby grants its Clients and Users invited by them a limited, worldwide, non-transferable and non-exclusive right to access and use the Services, which right may not be sub-licensed.
USE OF THE SERVICE IS RESTRICTED. This means that each individual designated as User by the Administrator is a beneficiary of the Service. For reasons of overall performance of the Service, any shared use of access to the Service to any other individual not related to the Client, whether concurrent or not, irrespective of the purpose of that sharing (including, but without limiting to, any shared event), will result in termination of the contract under the conditions described in article 10.1 below.
This right is granted from the date on which the solution is made available until the Subscription Plan expires or is terminated.
BLOND SPORTS is constantly innovating. BLOND SPORTS will make available to you the changes to the Service that it makes available to its other Clients, at no extra cost, insofar as such provision is made at no extra cost to the other Clients. You acknowledge and agree that the form and nature of the Services provided by BLOND SPORTS are subject to change, subject to reasonable notice and a guarantee of non-regression in function or performance.
4.2. Service access - Availability
The Service is accessible via the Internet 24 hours a day, 7 days a week, except in cases of force majeure, subject to scheduled maintenance operations necessary to ensure the proper functioning of the Service. The latter do not give rise to any compensation.
BLOND SPORTS undertakes to ensure an availability of the Service higher than 99.5% (excluding planned maintenance and cases of force majeure). BLOND SPORTS undertakes to use all necessary means to ensure good quality access to the Service.
The Client declares that he/she is aware of and accepts the characteristics and limits of the transmission of information via the Internet, as well as the costs associated with connection to this network. In particular, it is the Client's responsibility to ensure that :
the technical characteristics of the equipment used, as well as the network speed of the Internet connection, comply with the technical requirements in force at the time of the order, communicated to the Client and accepted by the Client.
that the software he uses allows him to access the Service in good conditions in compliance with the recommendations that have been communicated to him;
and to take all appropriate measures to protect it from contamination by malicious programs.
The Client is authorized to provide intervenors with access to his Blond Sports Account. The Client is aware and acknowledges that he is responsible for the intervenors to whom he has authorized access to the Services.
BLOND SPORTS is entitled to engage subcontractors to perform obligations under this Agreement, subject to obtaining the prior consent of the Client on a case-by-case basis. BLOND SPORTS is responsible for the work and services of subcontractors under the same conditions as for its own work and services.
4.3. Use of the Service
You are solely responsible for your use of the Services, the Content on your computers including Content uploaded, transferred, publicly edited, processed or entered into the Services, your Blond Sports Account, the management of your Blond Sports Account, and any transmissions while using the Services. However, BLOND SPORTS reserves the right, at its sole discretion, to take any action with respect thereto that it deems necessary or appropriate.
In the event of use of your Blond Sports Account exceeding the thresholds defined in your Contract, BLOND SPORTS will inform the Administrator, and the Parties will meet to agree on any changes to be made to the subscription.
You agree not to reproduce, duplicate, copy, sell, market or resell the Services for any purpose.
You acknowledge that you are solely responsible (and that BLOND SPORTS has no liability to you or to any third party) for any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage suffered by BLOND SPORTS).
You agree to be liable to BLOND SPORTS for all acts and omissions of your employees and consultants, and of all persons you shared your Blond Sports Account with.
5 - PASSWORD AND SECURITY
During registration, you create your own access code. Upon validation of your registration, You will receive an administrator password giving access to the Preferences menu. You agree to carefully store all Your passwords and keep them confidential. You are solely responsible if You do not maintain the confidentiality of Your passwords and account information.
Your password is encrypted. It is not accessible to BLOND SPORTS employees.
If you have forgotten your password, or it is not working, you can enter a new password by clicking on the "Forgotten your password" link on the your Blond Sports Account home page.
You are solely responsible for all activities that occur under Your account. You agree to immediately notify BLOND SPORTS of any unauthorized use of Your account or any other known breach of security. Access to password-protected and/or secure areas is restricted to authorized parties only. Unauthorized individuals attempting to use the Service may be subject to legal action.
BLOND SPORTS shall not be liable for any loss or damage that You may incur as a result of someone else using Your password or account, as the case may be, with or without Your consent. However, if You are the Account Manager of your Blond Sports account, You are liable for any loss that BLOND SPORTS or any other party may incur as a result of such use.
BLOND SPORTS uses a cryptographic method integrated into your browser to guarantee the secure transfer of your information and documents when using the Services.
6 - PROPERTY
All content of websites and computer programs, software, products, graphical interface elements or other elements associated with the Services provided by BLOND SPORTS is protected by intellectual property rights belonging exclusively to BLOND SPORTS. This content may not be reproduced, translated, transcribed, or modified in any form or by any means, without the prior written consent of BLOND SPORTS. You may not copy, modify, distribute, publish, transmit or create derivative works from any of this content.
Access to the Services and use of the related products is granted under license and is not sold. It is a right of use granted exclusively under the conditions defined by the Subscription Plan subscribed to, in particular with regard to the number of Contributors, functionalities, assistance and storage space.
The Licenses granted by the Terms do not give You any rights to the content of the web sites, computer programs, software, and products associated with the Services provided by BLOND SPORTS, nor to the associated logos and other names, logos, icons and marks identifying BLOND SPORTS products and services which may not be used without the prior written permission of BLOND SPORTS.
Any Content that You upload, transfer, publicly edit, process or input into the Services remains Your exclusive property if You are the legal owner thereof, including Content generated via the Artificial Intelligence Module. BLOND SPORTS shall have no liability whatsoever with respect to such content. You warrant that You own all the rights required to use the Content that You use via the Services.
7 - GUARANTEES
BLOND SPORTS warrants to the Client that it holds all intellectual property rights and titles to the Solution, including the software and specific developments, that it has developed and/or that it has obtained all intellectual property rights and titles from third parties necessary for the proper functioning of the Solution, excluding components developed by third-party companies to which the Client may have access within Blond Sports.
BLOND SPORTS guarantees the Client peaceful enjoyment of all rights granted under this Agreement against any disturbance, claim, demand, recourse or action of any kind by a third party.
Consequently, BLOND SPORTS guarantees the Client against any action, claim, demand or opposition from any person invoking an intellectual property right on the Solution. In particular, BLOND SPORTS guarantees the Client against any third-party claim, any legal action based on infringement, unfair competition or parasitism and more generally against any disturbance affecting the enjoyment of the rights granted.
In the event of any claim by a third party against the Client on the grounds that the Solution misappropriates, infringes or violates a third party's intellectual property rights, Blond Sports will defend the Client and shall pay or reimburse the Client for all damages, costs and expenses that the Client would have to pay to such third party, to the extent that they would be awarded by a final court decision or agreed upon in a settlement agreement. This warranty shall only apply if the Client: (1) immediately notifies Blond Sports in writing of such claim; (2) gives Blond Sports sole control over the contesting and settlement of the claim, including the right to settle; and (3) provides Blond Sports with all assistance, information and authority reasonably necessary to contest and settle the claim. Blond Sports shall not be liable for any expenses or settlements other than those expressly agreed to in writing by Blond Sports.
The obligations incumbent upon Blond Sports stipulated above are not applicable to damages, costs and expenses resulting from (1) any use of the Solution exceeding the scope of the Service and license grant conferred by the present Conditions, (2) any modification or derivative work of the Solution made by or for the Client or (3) any use or combination of the Solution with any technology, technology, software or hardware which contravenes the requirements expressed by Blond Sports (and in particular a third-party online Service), in the event that the alleged infringement could have been avoided by using the Solution without such technology, software or hardware.
BLOND SPORTS includes and makes available features from third-party providers, including an artificial intelligence module. Although these services are integrated, BLOND SPORTS does not explicitly or implicitly guarantee the performance, accuracy, reliability or completeness of the information or results generated by these third-party services.
8 - LIMITATION OF DAMAGES AND LIABILITY
In the event of major defects which seriously impede the use of the Services and which are exclusively attributable to BLOND SPORTS (i.e. excluding solutions developed by third party editors), BLOND SPORTS undertakes to act to correct this defect within a reasonable period of time, taking into account the complexity of the defect, and this as from the written notification (by any means, including electronic communication to the address admin@blondsports.com) which will be sent to it.
BLOND SPORTS includes and makes available features from third-party providers, including an artificial intelligence module. Although these services are integrated, BLOND SPORTS does not explicitly or implicitly guarantee the performance, accuracy, reliability or completeness of the information or results generated by these third-party services.
NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, SAVINGS, REVENUE, DATA OR USE THEREOF, INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCUSSED BETWEEN THE PARTIES. EXCEPT AS OTHERWISE PROVIDED BY LAW, BLOND SPORTS' LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ALLEGED BREACH OF CONTRACT, AND SHALL CEASE AFTER FORTY-FIVE (45) CALENDAR DAYS FOLLOWING THE OCCURRENCE OF THE CAUSE OF ACTION.
9 - SUBSCRIPTIONS AND ROYALTIES
Access to the Services by the Client shall be effective as of the conditions set in the description of the plan chosen by the Client (the “Subscription Plan”).
The Client may terminate his Subscription in accordance with the provisions set out in article 10.3 below.
Unless specifically agreed otherwise by Blond Sports, the effective start date of the validity period of the Subscription Plan is set at the date on which the Client receives the login details for the Solution.
When renewing your Subscription Plan, the rates applied may be revised at the discretion of BLOND SPORTS, but shall not be effective before the renewal of the Subscription Plan. You must be notified in writing at least sixty (60) calendar days before the expiry date of your Subscription Plan.
Access to the Services and use of the related products is a right granted exclusively under the provisions determined by the Subscription Plan subscribed to, in particular for the number of participants, functionalities, support and storage space defined by the Subscription Plan subscribed to, which determines the characteristics of your Blond Sports.
The Client acknowledges that he/she has read the information and obtained all the information required to fully understand the Subscription Plan to which he/she has subscribed. The Client acknowledges that the Solution and Subscription Plan chosen correspond in every respect to the needs expressed by the Client, and that the Client is aware of the full functional scope of the Solution and Subscription Plan, including in the case of subscription to additional Services based on written instructions provided by the Client.
The Solution is delivered as is on the date of subscription to the Subscription Plan. BLOND SPORTS will take into account any requests for upgrades or requirements expressed by the Client, and undertakes to use the means at its disposal to upgrade the Solution, without this constituting an obligation for BLOND SPORTS, nor being considered as grounds for termination of the contract or a willful default by the Client.
BLOND SPORTS reserves the right to discontinue or modify any coupon, credit or promotional offer at its sole discretion. In addition, discounts or promotional offers are only valid for the first subscription period and are not renewed when licenses are renewed.
The duration of the Subscription Plan subscribed to in the Contract cannot be reduced during the current period. The Subscription Plan may be upgraded (type of licenses, addition of modules and services, increase in the number of licenses, commitment period) at any time. Any change to the Subscription Plan may be carried out at the Client's request, as described above, and will be invoiced on a pro rata basis for the current period of the Subscription Plan being invoiced.
In the event of non-payment of more than one instalment, in accordance with the terms of the Contract, payment of the subscription for the entire period subscribed to in the Subscription Plan must be made in full to BLOND SPORTS within fifteen (15) days from the date of issue of the invoice or the first request for payment. Interest, by way of penalty, may be applied in accordance with the legislation in force for the period exceeding this deadline. BLOND SPORTS is entitled to charge fees for any payment reminder and reserves the right to send reminder messages by any means.
BLOND SPORTS may suspend access to the Services if unpaid amounts are repeated and exceed more than two instalments, in accordance with the terms of the Contract, after a formal notice has remained without effect for more than fifteen (15) days. Without prejudice to any amounts due, in particular the payment of fees until the end of the subscribed term, BLOND SPORTS may also immediately terminate the present Contract in the event of a breach of these Conditions, and in particular if unpaid amounts exceed, after a formal notice has remained without effect, more than thirty (30) days.
Early termination of the Contract will not give rise to any reimbursement of fees paid in advance, or to any compensation.
10 - TERMINATION
Notwithstanding the provisions of Article 10 (Subscription and fees), the Contract may be terminated under the conditions described below.
10.1. Termination for default
Should either of the Parties fail to comply with its obligations under the Contract, the latter may be terminated at the option of the aggrieved Party.
It is expressly understood that such termination may be pronounced thirty (30) days after formal notice to perform has been sent by registered mail and has remained without effect, without prejudice to any damages that may be due.
10.2. Termination due to force majeure
The Parties may terminate the Contract automatically and without formality by registered letter with acknowledgement of receipt sent to the other Party, in the event that performance of the Contract is suspended for more than ninety (90) consecutive days due to the occurrence of an event of force majeure as defined by the Luxembourg courts, such as blockage, disruption or congestion of telecommunication networks, poor quality of electricity, blockage of means of transport or supply for any reason whatsoever, bad weather, epidemics, earthquakes, fires, storms, floods, water damage, government restrictions or legal, as well as legal or regulatory changes in forms of marketing, destruction of premises due to bad weather making it impossible to continue business.
The effective date of termination is the date of receipt of the registered letter.
10.3. Termination excluding default and force majeure
Unless otherwise agreed in writing with BLOND SPORTS, the total amount of royalties due for the subscription period subscribed remains definitively acquired and/or due, even in the event of termination of the Subscription Plan for any reason whatsoever.
The Subscription Plan is taken out for the period specified in the contract or for the period specified by written instructions from the Client.
It is renewable by tacit agreement for periods of equal duration, unless terminated by registered letter with acknowledgement of receipt in accordance with the following terms and conditions:
for monthly subscriptions: cancellation effective one calendar month less one day after receipt of letter;
for all other subscription durations: at least 2 months before each due date.
To the following address:
Blond Sports
54 Rue des Genêts
L-8163 Bridel
Grand Duchy of Luxembourg
or any other address specified in the Luxembourg company register.
Termination of the subscription immediately renders access to the Services unavailable.
BLOND SPORTS may, at its sole discretion, immediately terminate the subscription purchased with the license and the right to use the Services if (i) You breach these Terms without remedying such breach within 8 days of written notice; (ii) BLOND SPORTS is unable to verify or authenticate the information provided by You to BLOND SPORTS; or (iii) such information is or becomes inaccurate.
BLOND SPORTS may decide, at its sole discretion, to interrupt the Services. In such case, the Client will have a period of 6 (six) months, but limited to the remaining duration of the Contract, during which the Service will be maintained as is to ensure continuity and to allow the Client, if necessary, to recover their data. BLOND SPORTS shall not be liable to You or any third party for the termination of the Service or its use.
In the event of expiration or termination for any reason, You are no longer authorized to use the Services, You will no longer have access to the data and other materials You have stored in connection with the Services and such materials may be deleted by BLOND SPORTS.
Consequently, You must ensure that You have the necessary backup copies.
ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL UNDERTAKINGS EXPRESSED IN THESE TERMS AND CONDITIONS (1) ARE ESSENTIAL TO THE AGREEMENT BETWEEN THE PARTIES AND (2) SHALL SURVIVE ANY TERMINATION, EXPIRATION OR WITHDRAWAL OF THESE TERMS AND CONDITIONS.
BLOND SPORTS undertakes to maintain the performance of its services (including access to the Solution) in compliance with the conditions set out in the Contract, on the effective end date of the Contract.
Despite the termination of this contract, for whatever reason, BLOND SPORTS undertakes to provide the reversibility service, under the conditions described in article 11 below.
In all cases, during the notice period, relations between BLOND SPORTS and You must continue in a loyal, sincere and normal manner, so as to ensure the same level of service until the end of the relationship between the Parties.
11 - REVERSIBILITY
At the end of the Contract, for whatever reason, BLOND SPORTS undertakes to ensure, at no additional cost, the reversibility of the services covered by the present Contract and the return of the Data hosted in the Solution, in order to allow the Client to take back or have taken back the Data by any third party with a view to their integration in any other solution chosen by the Client, and this for a maximum period of 30 days from the date of the end of the Contract.
BLOND SPORTS undertakes to return all documents, data, files and information provided by the Client in connection with the performance of this Agreement, and to transmit all necessary information or elements (including all Data and documents hosted in the Solution on an appropriate medium commonly used according to the state of the art) to the Client or to the third party chosen by the Client in order to facilitate the performance of its services.
All the conditions applicable to reversibility must be set out in a reversibility plan drawn up by the Service Provider in agreement with the Client and describing in particular the technical conditions for :
Restitution of data, information and documents in market-standard file format (.xls, .doc, pdf, .eml; etc.);
Transmission of information or elements required for reversibility for the Client or the designated service provider ;
Technical assistance from the Client or the designated service provider, including the transfer of know-how and skills required for the resumption of activity;
In any event, BLOND SPORTS will, at the Client's first request (and without being able to invoke any exception whatsoever, privilege or exception of non-performance) hand over all the Data in a standard file format, accompanied by the physical and conceptual data model.
Where necessary, BLOND SPORTS undertakes to ensure the continuity of the services covered by this Contract throughout the period of reversibility.
Notwithstanding termination of the Contract, BLOND SPORTS will only be released from its obligations under this article once reversibility has been fully ensured.
At the end of the reversibility service, BLOND SPORTS must, at the Client's request, provide proof of the destruction of all Data previously hosted in the Solution.
12 - RIGHT OF WITHDRAWAL
When subscribing to a Service, the Client is informed that the contract takes effect immediately, unless otherwise agreed in the Contract, in accordance with article 9 of these general terms and conditions. By the same token, the Client understands and accepts that he/she has no right of withdrawal.
13 - SUPPORT, UPDATES, BACKUP
The Solution is subject to regular development. Changes are defined as those made to improve or enhance one or more of the product's functionalities, as well as the graphic interface and access to the various functions.
The Client accepts that this maintenance may give rise to a temporary suspension of the Service and access to the Service. As far as possible, this suspension will take place between 10 pm and 7 am on Business Days. As far as possible, the Client will be notified 48 hours in advance, by email or via the Service. It is understood that Blond Sports will make its best efforts to ensure that this downtime is kept to a strict minimum, so that users of the Solution are not disturbed in their use of the Solution.
The Parties will communicate via the telephone numbers and e-mail addresses that the Client will have indicated when registering for Blond Sports services and the e-mail addresses present on the Blond Sports commercial sites.
The Client has access to an Internet support web space providing user guides, FAQs and videos. Should the Client be unable to resolve a question in this way, he/she may contact the Help Desk, available from 9 am to 6 pm (CET) on Business Days, provided that the Subscription Plan entitles the Client to this service.
The helpdesk will assist Users in resolving any technical difficulties encountered in using the Service, within the framework of reasonable use and respectful behavior towards BLOND SPORTS employees.
In the event of excessive use of the support service or inappropriate behavior by a Support Worker, BLOND SPORTS reserves the right to suspend access to the support service to the Support Worker or to all Support Workers of a Client.
The support service offered to our Clients focuses solely on solutions and modules developed specifically by our teams at BLOND SPORTS. We specify that the support service is not equipped to resolve problems or difficulties emanating from third-party services, software or subscriptions purchased or subscribed to independently by the Client. In other words, any problems encountered in connection with services such as Microsoft Office 365, to name but a few examples, are not the responsibility of our helpdesk and cannot therefore be handled by it. The Client should therefore contact the third-party service support directly for help in resolving problems related to these services.
In the case of on-line assistance, BLOND SPORTS may, with the prior agreement of the Client, be required to connect to the Client's Blond Sports. In this case, BLOND SPORTS undertakes to keep confidential all information to which it has access and will not keep any trace or make any copy of the Client's personal data.
Backups of files and databases are provided by BLOND SPORTS. Subject to Subscription Plan, Service’s Data may redundant on a server operated by a separate host (OVH, GANDI, AWS or Azure) and located geographically on a separate site, among the following sites: ROUBAIX, GRAVELINES, STRASBOURG, PARIS, FRANKFURT, or any other site in the European Union.
14 - CONFIDENTIALITY
BLOND SPORTS will keep strictly confidential all files, Data and information of any nature whatsoever communicated by the Client, or to which he may have access for any purpose whatsoever in the Old System or in the Solution, for the needs or within the framework of the execution of the Contract, including all Data hosted in the Solution.
BLOND SPORTS is aware that the Client is bound by particularly restrictive constraints in terms of professional secrecy and that the commitment made by BLOND SPORTS in terms of confidentiality constitutes an essential condition without which the Client would not have contracted.
This confidentiality obligation shall survive the termination of this Agreement for any reason whatsoever.
15 - DATA AND PERSONAL INFORMATION
With regard to personal data, BLOND SPORTS refers to its personal data protection policy, which is available on its website (www.blondsports.com).
16 - TRANSFER
16.1. Transfer by the Client
The Client may not assign or transfer all or part of the Contract or the rights and obligations arising therefrom in any form whatsoever (in particular partial contribution of assets, merger, acquisition, universal transfer of assets, transfer of business, etc.) without the prior written authorization of Blond Sports.
16.2. Transfer by the Online Service Provider
The Client acknowledges that BLOND SPORTS has the right to transfer the assets as well as the rights and obligations of the Contract relating to the concession, and accepts this transfer by signing the Contract, with the right of substitution. The Assignee intervenes solely in a financial capacity, the commercial follow-up and the technical responsibility on these subjects remain the responsibility of Blond Sports.
As the Assignee intervenes on a purely financial basis, the Client, by accepting this intervention, waives the right to make any compensation, deduction, counterclaim on the grounds of any right he may have against Blond Sports, as well as any recourse against the Assignee on the grounds of the provision and Maintenance of the Services, the Client retaining all recourse against Blond Sports on these points.
Under no circumstances will the Assignee be liable for any unforeseeable loss or damage suffered by the Client or third parties, including but not limited to any lost profits, loss of Clients, contracts or markets, loss of sales or profits, loss of data or files arising from or in connection with the non-performance or faulty performance of the online Services. It is specified that the Assignee has no knowledge in the field of the SaaS Service to be offered by the Online Service Provider, and that it is acting solely in the capacity of Assignee.
17 - PENALTIES
The Client represents and warrants at all times that he and his authorized Users:
are not sanctioned parties
will not grant access to the Blond Sports’ Account or the Blond Sports’ Service to a sanctioned party;
will not access the Blond Sports’ Account or the Blond Sports’ Service from a country subject to an embargo and/or on a list of sanctioned countries; and
will not use any part sanctioned in any way whatsoever under this Contract.
In the event of a breach by the Client of this obligation, BLOND SPORTS may immediately terminate the Contract by registered letter with acknowledgement of receipt without delay, without compensation to the Client, and without prejudice to any damages it may claim from the Client.
"Sanction List" means any of the following lists:
FOCA's list of Specially Designated Nationals ("SDN list");
the UK Treasury's consolidated list of sanctions targets;
the EU consolidated list of persons, groups and entities subject to EU financial sanctions;
the list of BIS entities; or
all other applicable sanction lists.
Sanctioned party" means any person (entity or individual) who is subject to sanctions or export controls imposed by the United States, the United Kingdom, the European Union or any other applicable authority, including, but not limited to, any person:
on a sanctions list; or
50% or more owned, directly or indirectly, individually or in the aggregate, or otherwise controlled, by any person identified in point a).
18 - MISCELLANEOUS
If any provision of these terms and conditions is held to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be deemed not to form part of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions unless such provision was a determining factor in entering into the contract.
19 - APPLICABLE LAW - JURISDICTION
THESE TERMS AND CONDITIONS ARE GOVERNED BY LUXEMBOURG LAW.
ANY DISPUTE OF ANY NATURE WHATSOEVER, RELATING IN PARTICULAR TO THE INTERPRETATION, VALIDITY AND PERFORMANCE OF THESE TERMS AND CONDITIONS AND OF ANY CONTRACT/ORDER ENTERED INTO WITH BLOND SPORTS, EVEN IN THE EVENT OF WARRANTY CLAIMS OR MULTIPLE DEFENDANTS, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF LUXEMBOURG.
20 - COMMUNICATIONS AND NOTIFICATIONS
During the term of the Contract and three (3) years after its expiry, BLOND SPORTS may use free of charge, on any medium of its choice and for any promotional campaign or as a commercial reference, the Client's name as well as its brand and logo, subject to compliance with the graphic charter that may be associated with this logo. The Subscriber may request the removal of these references at any time within a reasonable period of time.