Please read these Terms and Conditions (“Terms”) carefully before using the website or mobile application Futbalito (the “Service”) operated by Futbalito team (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, members and others who access or use the Service. The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name Futbalito via our website www.futbalito.com or via our web and software applications Futbalito. If you would like to have a mobile app Futbalito, please check our website www.futbalito.com to see if we have a mobile app for your end device and your end device’s operating system.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
In order to use the Service you must first register and open a member account to use Futbalito. You can open a member account either directly online at futbalito.com or via one of our mobile apps. We will ask you to accept these General Terms and Conditions, our Privacy and Cancellation Policy during the registration process
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Service and price
The scope of the services included in Futbalito available for use by you depends on the type of member account and whether you use the Service free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information. A more extensive range of functions is available to you if you enable the respective content modules separately in return for a one-off payment or as part of a subscription.
Please consult the website futbalito.com for information on the respective current pricing and subscription models and the services that these include. All prices stated include the applicable VAT.
- Terms and Conditions of Payment
Fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum. The fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period.
We reserve the right to assert further claims for late payments.
- Payment Methods
If you purchase Service for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available. If you purchase Services for a fee via our website my.futbalito.com, you can find an overview of the payment methods we accept in payment section in your profile.
If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.
Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.
- Rights of Use over Futbalito Content
Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Futbalito websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your member contract ends.
- Responsibility for User-Generated Content
You are solely responsible for content that you post within the Futbalito Service. We accept no responsibility for this content, nor do we monitor it.
When supplying your own content you are obliged to comply with all applicable laws and regulations. Regardless of whether or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.
We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause.
- Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Us. In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights).
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Futbalito shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- Limitation of Liability
In no event will Futbalito, or its suppliers or licensors, be liable with respect to any subject matter of this Terms under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement or substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that increase the fees paid by you to Futbalito under this Terms during the twelve (12) month period prior to the date the cause of the action accrues.
Futbalito shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Futbalito, its contractors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your physical activities or the use of the futbalito.com website or Futbalito application, services and products. Also if you infringe the principles mentioned in clause 7 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.
You have the right to cancel your member account at any time, without stating any reasons, thereby also ending your member contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your member account we will or may delete all the content you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.
We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
- Disclaimer of Warranties
The Service is provided “as is”. Futbalito and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Futbalito nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
- General Representation and Warranty
You represent and warrant that
- your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
- Medical Liability Disclaimer
The material in the Service or related services and products is provided for educational and informational purposes only and is not intended as medical advice. The information contained in this website and mobile application should not be used to diagnose or treat any illness, metabolic disorder, disease or health problem. Always consult your physician or health care provider before beginning any nutrition or exercise program. Use of the programs, advice, and information contained in this website is at the sole choice and risk of the reader.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
- Final Provisions
These Terms, any access to or use of the Service will be governed by the laws of Czech Republic. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.