Welcome to The FootballMind website (“Website” or “Site”). These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, and communication features (the "Services" or “The Football Mind”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Using the Site
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. FootballMind cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will FootballMind be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. FootballMind reserves the right, but is not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates provisions of third-party rights of any kind which includes but is not limited to intellectual property rights (defined in point 6).
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for FootballMind to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with FootballMind for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by FootballMind, or other companies, organizations or individuals who partner with FootballMind, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. FootballMind will not be responsible or liable for any use of your Content by FootballMind in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
You acknowledge and agree that FootballMind (or FootballMind's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by FootballMind and that you shall not disclose such information without FootballMind's prior written consent. We take protection of intellectual property, both our own and others, very seriously. We therefore employ measures to prevent copyright infringement and to promptly end any infringement that might occur.
You agree to indemnify, defend, and hold FootballMind, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "FootballMind Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. FootballMind reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of FootballMind. FootballMind will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Your Content
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, blog comments or updates posted to the Website). You are prohibited from posting or transmitting to or from the Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, discriminatory, or other material or content that would violate rights of publicity and/or privacy or related laws of any state or local jurisdiction; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); or (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Website. Specifically, you agree to indemnify and hold harmless FootballMind from any claim by any third party, including but not limited to the above enumerated claims, in conjunction with your Submissions. You acknowledge that FootballMind has the right, but not the obligation, to control (e.g. use, publish, remove) any content you submit without notice to you.
9. Information Disclaimer
You acknowledge that the information provided through FootballMind is compiled from sources, which are beyond the control of FootballMind. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and FootballMind does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that FootballMind is provided to you on an ‘as is, with all faults’ basis. FootballMind expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind, to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. In addition, FootballMind, in providing the information, makes no endorsement of any particular security, market participant, or brokerage. Further, FootballMind does not represent or warrant that it will meet your requirements or is suitable for your needs.
Under this User Agreement, you assume all risk of errors and/or omissions in FootballMind, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of FootballMind, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
You agree that FootballMind (including its officers, directors, employees, affiliates, group companies, agents, representatives or subcontractors) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use of FootballMind for any purpose whatsoever. FootballMind and its affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise, to a user and/or any third party.
Some of the services may be supported by advertising revenue. In consideration for FootballMind granting you access to and use of the Services, you agree that FootballMind may place such advertising on the Services.
11.Software available on this Website
Any software that is made available to download from the Website or used in the operation of the Website ("Software") is the copyrighted work of FootballMind and/or its respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on the Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Website in accordance with these terms and conditions and for no other purpose.
12.Choice of Law and Venue
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and FootballMind (a "Claim"), without regard to conflict of law provisions.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. You acknowledge and agree that FootballMind is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
You agree that no joint venture, partnership, or employment relationship exists between you and FootballMind as a result of this Agreement or use of the Website. Fictitious names of companies, products, people, characters, and/or data mentioned on the Website are not intended to represent any real individual, company, product, or event.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
Any rights not expressly granted herein are reserved.