When certain words and phrases are used in these Terms, they have specific meanings (these are known as ‘defined terms’). You can identify terms because they start with capital letters even if they are not at the start of a sentence. Where a defined term is used, it has the meaning given to it in the section of the Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in round brackets and quotation marks). These Terms constitute a binding agreement between futboltheory.com (“we”, “us” or “our”) and you, the person using the Services (“you” or “your”). The “Collective Content”) means images, graphics, text, software, audio, video, music, information or other materials on our Website and all content that you post, upload, publish, submit or transmit through the Website or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR THE SERVICES OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT.
Changes To Terms And Policies
In order to access certain features of the Website or Services, and to post any Collective Content on the Website or through the Services, you must register to create an account (“Account”) and become a “(Registered User”). To become a Registered User you must be at least 18 years old. Any registration by anyone under 18 years of age is void. By completing the registration process to create an Account, you represent and warrant that you are 18 or older. During the registration process, you will be required to provide certain information including an email address and password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account for any reason at its discretion, including but not limited to, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
We provide the Services to you through the Website. As part of the Services, we also provide some ancillary services such as arranging delivery to the products, providing you with customer service assistance and payment processing. When you purchase products using the Website, you are purchasing them from third party retailers (“Supplier(s)”). It is important that you understand that you are not purchasing products from us. The Services we offer allow you to search through the Website and purchase products from a large number of Suppliers and brands worldwide. This means that it is the Supplier (not us) who is legally responsible for delivering the products to you.
Products And Suppliers
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Help team if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer or device’s display of the images accurately reflect the true color of the products. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from our local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Products are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons or the E.U.’s Consolidated Financial Sanctions List. Neither the Suppliers nor we have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.
We hope that all Suppliers listed on the Website have and maintain reasonable business policies, which comply with our own business policies. We cannot, however, be responsible for the Suppliers’ business policies. If you are unhappy with the product or service you have received from a Supplier, you should contact us and we will communicate with the relevant Supplier on your behalf to try and resolve the issue.
When you use the Website or Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notifications, desktop push notifications, or notices and messages on the Website, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communications. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website, or, if you are a Registered User, sending an email to you. You may have a legal right to receive this notice in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us firstname.lastname@example.org .
As a Registered User of the Website or Services, you may link your Account with your account on various third party social networking services, including, but not limited to, Facebook, Instagram and Twitter (collectively, “Social Networking Services”) subject to the terms and conditions of the applicable third party Social Networking Services. If you decide to link your Account with a Social Networking Service via our Website or Services, we may obtain the personal information you have provided to the Social Networking Service such as your “real” name, profile picture, email address and other information you make publically available via the applicable Social Networking Service. The information we obtain may depend on the privacy settings you have with the Social Networking Service. You hereby consent to our access to and collection of such personal information about you. Please note that your relationship with the owners or operators of the Social Networking Services is governed solely by your agreement(s) with such third parties.
The Website or Services may include technical inaccuracies or typographical errors. Although we do our best to ensure this is not the case, we shall have no liability in connection with any such inaccuracies or errors, nor shall we have any obligation to identify and/or correct any such inaccuracies of errors.
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Suppliers) satisfy any legal requirement that same communications be in writing. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person.
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Suppliers (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserves the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Third Party Information
To the extent that any information, material, or functionality on the Website or Services is provided by third party content providers (“Third Party Information”), we have no editorial control or responsibility over such Third Party Information. Therefore, any opinions, statements, products, services, or other Third Party Information are those of the applicable third party. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Information will not infringe rights of third parties not owned by or affiliated with us.
Whilst we try to ensure that all details, descriptions and prices that appear on the Website are accurate, as the Suppliers provide this information to us, there may be cases where errors occur. Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Supplier outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Supplier have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. For US customers, states imposing sales or using tax, your purchase may be subject to use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.
The estimated delivery date of the products will be stated in your order confirmation email. Our Suppliers supply delivery services to you. We will try to ensure that your order is delivered by the estimated delivery given, but there may be circumstances where delivery is delayed because of events beyond our or the Suppliers reasonable control. If this happens, we will try to arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Supplier(s) so your order may arrive in multiple deliveries and at different times.
Details of the countries we deliver to can be found on our FAQ page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order. If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
Please note that in certain cases the Supplier may reject your return of a product or may not offer a return policy.
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCRs”) or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to the relevant Supplier you will receive a full refund, including the original delivery costs; however you will be liable to arrange and cover the full cost of returning the order to the Supplier.
Limitation Of Liability
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF futboltheory.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any futboltheory.com Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
Arbitration, Class Waiver, And Waiver Of Jury Trial
We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting email@example.com. We’ll try to resolve the dispute informally by contacting you via email. These Terms and the relationship between you and futboltheory.com will be governed by the laws of the State of California without regard to its conflict of law provisions. You and futboltheory.com agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in San Francisco County in the State of California. You covenant not to sue futboltheory.com in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
You Are Giving Up Your Right To Have A Trial By Jury;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
You Must File Any Claim Within One (1) Year After Such Claim Arose Or It Is Forever Barred.
Governing Law And Jurisdiction
Anything related to your order, use of the Websites, Services or these Terms are governed by United States law. The courts of the United States shall have exclusive jurisdiction over any dispute or claim relating to these Terms.
Subject to compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any Collective Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publically display, publically perform, transmit, or otherwise exploit the Website, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by our licensors, or us except for the licenses and rights expressly granted in these Terms. Registered Users may post, upload, publish, submit or transmit User Content. By making available any User Content through the Website or Services, you hereby grant to us and our users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit and otherwise exploit such User Content. We do not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such user Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that make available through the Website or Services or you have all rights, licenses, consents and releases that are necessary to grant the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our users’ use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights or publicity or privacy, or result in the violation of any applicable law or regulation.
futboltheory.com logo, and other futboltheory.com logos and product and service names are or may be trademarks of futboltheory.com (the “futboltheory.com Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the futboltheory.com Marks.
The Website or Services contain content from other futboltheory.com licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or Services.
You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Website or Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of us or our licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Website or Services is the exclusive property of us and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Website or Services is strictly prohibited. We grant you a personal, non-exclusive, non-transferable, revocable, limited license to use the Website or Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Website, the Services, or any other content available via the Websites or the Services. All rights not expressly granted to you in these Terms are reserved and retained by us.
We respect the intellectual property rights of other and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In according with the Digital Millennium Copyright Act of 1998, the text of which maybe found in the U.S. Copyright Office website, we will respond expeditiously to claims of copyright infringement committed using the Website.
If you are a copyright owner, or are authorize to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivered it to our Designated Copyright Agent at firstname.lastname@example.org. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Website.
Consequences Of Violating These Terms
We may terminate these Terms if you breach any provision of these Terms. We reserve the right to refuse to provide you Service in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or other caused by or arising out of your breach of these Terms and your use of the Website or Services.
We are not responsible for any disputes or disagreements between you and any third party (including as between Users) you interact with using the Website or Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release futboltheory.com of all claims, demands, and damages in disputes among Users of the Websites or Services. You also agree not to involved us in such disputes. Use caution and common sense when using the Website or Services.
Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, APPLICATIONS OR SERVICES AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
You shall indemnify, defend and hold us and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your breach of any provision of the Terms, (b) your improper use of the Website or Services, (c) your violation of any law or the rights of a third party, or (d) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
Events Out Of Our Control
We and the Suppliers will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. Any event outside of our control means any act or event beyond our or the Suppliers reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
These Terms constitute the entire agreement between you and us and they superseded any and all earlier agreements between you and us. These Terms create no third party beneficiary rights.
We welcome comments, questions, concerns or suggestions.