Terms & Conditions

By browsing and using this website, you are agreeing to comply with and to be bound by the following terms and conditions, which, together with our Privacy Policy, govern Footbalistic's relationship with you in relation to this website.

PRIVACY

To understand our practices, please review our Privacy Policy, which also governs your visit to Footbalistic.com.

ELECTRONIC COMMUNICATIONS

When you visit footbalistic.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, video clips, digital downloads, data compilations, and software, is the property of Footbalistic or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Footbalistic and protected by U.S. and international copyright laws. All software used on this site is the property of Footbalistic or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Footbalistic is a registered trademark, and the Footbalistic logo and other marks indicated on our site are trademarks of Footbalistic in the United States and/or other countries. Other Footbalistic graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Footbalistic. Footbalistic’s trademarks and trade dress may not be used in connection with any product or service that is not Footbalistic’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Footbalistic. All other trademarks not owned by Footbalistic that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Footbalistic.

LICENSE AND SITE ACCESS

Footbalistic grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of Footbalistic. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Footbalistic. This license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents.

• Robots and Screen Scraping: You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent as noted below.
• Framing: You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Footbalistic without express written consent.
• Meta Tags: You may not use any meta tags or any other "hidden text" utilizing Footbalistic’s name or trademarks without the express written consent of Footbalistic. Any unauthorized use terminates the permission or license granted by Footbalistic.
• Licensing Footbalistic Content; Consent to Use Robots and Crawlers: If you are interested in receiving our express written permission to use Footbalistic content for your non-personal (including commercial) use, please use our Contact Us form to submit your request. We do allow the limited use of robots and crawlers, such as those from certain search engines, with our express written consent. If you are interested in receiving our express written permission to use robots or crawlers on our site, please use our Contact Us form to submit your request.
• Linking to Footbalistic.com: You are granted a limited, revocable, and non-exclusive right to create a hyperlink to Footbalistic.com so long as the link follows our linking requirements and does not portray Footbalistic, its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Footbalistic logo or other proprietary graphic or trademark as part of the link without express written permission.

VENDORS AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY FOOTBALISTIC ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOOTBALISTIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FOOTBALISTIC RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOOTBALISTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOOTBALISTIC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FOOTBALISTIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOOTBALISTIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

APPLICABLE LAW

By visiting Footbalistic.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Footbalistic. The operators make no representation that the Content contained on the site is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

DISPUTE

Any dispute relating in any way to your visit to Footbalistic.com or to services offered by or through Footbalistic.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in San Francisco County, California, and you consent to exclusive jurisdiction and venue in such courts.

The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Service.

INDEMNITY

You hereby agree to indemnify and hold Footbalistic, its content and software suppliers, all other copyright and trademark owners represented on this website, as well as each of their respective members, operators, directors, officers, employees, agents, affiliates and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Service".

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review our other policies. These policies also govern your visit to Footbalistic.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.