Terms and Conditions for
Football for Geeks
1 About these terms
1.1 These terms create a legal agreement between
you ("you" or "your") and Ovidiu F Sandu ("we",
"us" or "our") in relation to our games that are made
available via the App Store, Google Play, on Amazon Kindle and/or on Facebook,
and any related services related to our games(together the "Game" or
"Games"). You agree that by accessing and/or playing our Games, you
are agreeing to these terms and our Privacy Policy (see paragraph 10 below).
1.2 You agree that you are at least 13 years old
and that if you are between 13 years and 18 years old, your legal guardian has
reviewed and agrees to these terms and is happy for you to play our Games.
1.3 You can access these terms at any time at http://footballforgeekstoc.blogspot.ro/
We can make changes to these terms at any time in
accordance with paragraph 14 below and your continued use of our Games shall
confirm your acceptance of the updated terms.
2 About accessing and playing our Games
2.1 The specific game rules, scoring rules,
controls and guidelines for each Game can be found within the Game itself. Such
rules, scoring rules, controls and guidelines form part of these terms and you
agree that you shall comply with them in respect of each individual Game which
you choose to access and/or play.
2.2 You are responsible for the internet
connection and/or mobile charges that you may incur for playing our Games. You
should ask your mobile operator if you are unsure what these charges will be,
before you play.
2.3 We have the right to withdraw or modify one
or more of our Games (in whole or in part) without liability to you from time
to time:
- for technical reasons (such as technical
difficulties experienced by us or on the internet);
- to allow us to improve user experience;
- where we have legal reasons for doing so
(including privacy or other legal objections to the content or conduct of our
Games);
- because it no longer makes business sense for
us to provide the relevant Game; or
- because we have altered the services we provide.
2.4 There may also be times when our Games or any
part of a Game is not available for technical or maintenance related reasons,
whether on a scheduled or unscheduled basis.
3 Virtual Goods and Virtual Money
3.1 Our Games may include virtual currencies such
as coins, gold coins and points ("Virtual Money") or items or
services for use with our Games ("Virtual Goods"). You can buy
Virtual Money from us for real money if you are at least 18 years old. If you
are over 18 years old you may also be able to buy Virtual Goods for real money
and/or other credits. You agree that Virtual Money and Virtual Goods can never
be exchanged for real money, real goods or real services from us or anyone
else. You also agree that you will only obtain Virtual Money and/or Virtual
Goods from us, and not from any third party.
3.2 You do not own Virtual Goods or Virtual Money
but instead you purchase a limited personal revocable licence to use them. Any
balance of Virtual Goods or Virtual Money does not reflect any stored value.
3.3 You agree that all sales by us to you of
Virtual Money and Virtual Goods are final and that we will not refund any
transaction once it has been made. If you live in the European Union you have
certain rights to withdraw from distance purchases. However, please note that
when you purchase a licence to use Virtual Goods or Virtual Money from us, the
performance of our services begins promptly once your purchase is complete and
therefore your right of withdrawal is lost at this point.
3.4 We reserve the right to control, regulate,
change or remove any Virtual Money or Virtual Goods without any liability to
you.
4 User conduct and content
4.1 You must comply with the laws that apply to
you in the location that you access our Games from. If any laws applicable to
you restrict or prohibit you from playing our Games, you must comply with those
legal restrictions or, if applicable, stop accessing and/or playing our Games.
4.2 You promise that all the information you
provide to us on accessing and/or playing our Games is and shall remain true,
accurate and complete at all times.
4.3 Information, data, software, sound,
photographs, graphics, video, tags, or other materials may be sent, uploaded,
communicated, transmitted or otherwise made available via our Games by you or
another user ("Content"). You understand and agree that all Content
that you may be sent when playing our Games, whether publicly posted or
privately sent, is the sole responsibility of the person that sent the Content.
This means that you, not us, are entirely responsible for all Content that you
may upload, communicate, transmit or otherwise make available via our Games.
4.4 You agree not to upload, communicate,
transmit or otherwise make available any Content:
- that is or could reasonably be viewed as
unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise
objectionable;
- that is or could reasonably be viewed as
invasive of another's privacy;
- that is likely to, or could reasonably be
viewed as likely to incite violence or racial or ethnic hatred;
- which you do not have a right to make available
lawfully (such as inside information, information which belongs to someone else
or confidential information);
- which infringes any intellectual property right
or other proprietary right of others;
- which consists of any unsolicited or
unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain
letters', 'pyramid schemes' or any other form of solicitation; or
- which contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment.
4.5 You agree that you will not:
- use our Games to harm anyone or to cause
offence to or harass any person;
- create more than one account per platform to
play our Games;
- use another person or entity's email address in
order to sign up to play our Games;
- use our Games for fraudulent or abusive
purposes (including, without limitation, by using our Games to impersonate any
person or entity, or otherwise misrepresent your affiliation with a person,
entity or our Games);
- disguise, anonymise or hide your IP address or
the source of any Content that you may upload;
- use our Games for any commercial or business
purpose or for the benefit of any third party or to send unsolicited
communications;
- remove or amend any proprietary notices or
other ownership information from our Games;
- interfere with or disrupt our Games or servers
or networks that provide our Games;
- attempt to decompile, reverse engineer,
disassemble or hack any of our Games, or to defeat or overcome any of our
encryption technologies or security measures or data transmitted, processed or
stored by us;
- 'harvest', 'scrape' or collect any information
about or regarding other people that play our Games, including, but not limited
to any personal data or information (including by uploading anything that
collects information including but not limited to 'pixel tags' cookies,
graphics interchange formats ('gifs') or similar items that are sometimes also
referred to as 'spyware' or 'pcms' (passive collection mechanisms);
- sell, transfer or try to sell or transfer an
account with us or any part of an account including any Virtual Currency or
Virtual Goods;
- disrupt the normal flow of a Game or otherwise
act in a manner that is likely to negatively affect other players' ability to
compete fairly when playing our Games or engaging in real time exchanges;
- disobey any requirements or regulations of
networks connected to our Games;
- use our Games in violation of any applicable
law or regulation;
- use our Games to cheat or design or assist in
cheating (for example, by using automated means or third party software to
play), or to otherwise circumvent technological measures designed to control -
access to, or elements of, our Games, or to do anything else that a reasonable
person is likely to believe is not within the spirit of fair play or these
terms; or
- use our Games in any other way not permitted by
these terms.
4.6 We do not control Content posted on our Games
by other people and therefore we do not guarantee the accuracy, integrity or
quality of that Content. You understand that when playing our Games, you may be
exposed to Content that you may consider offensive, indecent or objectionable.
Under no circumstances will we be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any losses or
harm of any kind resulting from the use of any Content posted, emailed,
transmitted or otherwise made available via our Games.
4.7 We have the right to remove uploaded Content
from our Games if we decide in our sole discretion that it results in or from a
breach of any part of these terms, or that it may bring us or our Games into
disrepute. However, you acknowledge that we do not actively monitor Content
that is contributed by people that play our Games and we make no undertaking to
do so.
4.8 You are solely responsible for your
interactions with other users of our Games.
5 Your breach of these terms
5.1 We reserve the right to suspend or terminate
your access to our Games (including by deleting your account) if we reasonably
believe that you are in material breach of these terms (including by repeated
minor breaches). Without limitation, any breaches of paragraphs 4.4 or 4.5 are
likely to be considered material breaches.
5.2 You agree to compensate us, according to law,
for all losses, harm, claims and expenses that may arise from any breach of
these terms by you.
6 Disclaimer and release
6.1 For any losses or harm, in any period of
twelve months, we will only be responsible for losses or harm which are a
reasonably foreseeable consequence of our negligence or breach of these terms
and conditions up to the value of the amount that you have paid to us in the
100 day period ending on the date of your claim. Losses and harm are foreseeable
where they could be contemplated by you and us at the time of you agreeing to
these terms and conditions.
6.2 We are not responsible for:
- losses or harm not caused by our breach of
these terms or negligence; or
- losses or harm which are not reasonably
foreseeable by you and us at the time of you agreeing to these terms and
conditions including those losses which happen as a side effect of foreseeable
losses. This could include loss of data, loss of opportunity, service
interruption, computer or other device failure or financial loss;
- any increase in loss or damage resulting from
breach by you of any of these terms and conditions; or
- technical failures or the lack of availability
of our website, Games, and/or social media channels where these are not within
our reasonable control.
6.3 We will provide our Games with the same skill
and care as other similar games providers, but you acknowledge that your only
right with respect to any problems or dissatisfaction with any of our Games is
to discontinue your use of that Game and we are not responsible or liable for
any interruptions or errors that you may experience while playing our Games.
6.4 Any additional legal rights which you may
have as a consumer remain unaffected by these terms.
7 Intellectual property
7.1 You acknowledge that all copyright, trade
marks, and other intellectual property rights in and relating to our Games
(other than Content which is contributed and owned by players) is owned by or
licensed to us.
7.2 Whilst you are in compliance with these
terms, we grant you a non-exclusive, non-transferable, personal, revocable
limited licence to access and use our Games (but not the related object and
source code) for your own personal private use, in each case provided that such
use is in accordance with these terms. You agree not to use our Games for
anything else.
7.3 You must not copy, distribute, make available
to the public or create any derivative work from our Games or any part of our
Games unless we have first agreed to this in writing.
7.4 In particular, and without limiting the
application of paragraph 7.3, you must not make available any cheats or
technological measures designed to control access to, or elements of, our
Games, including providing access to any Virtual Currency and/or Virtual Goods,
whether on a free of charge basis or otherwise.
7.5 By submitting Content (as defined in paragraph 4.3) via our Games you:
- are representing that you are fully entitled to
do so;
- grant us and our group companies the right to
edit, adapt, publish and use your entry and any derivative works we may create
from it, in any and all media (whether it exists now or in the future), for any
purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as
"moral rights" in the Content, for example the right to be named as
the creator of your entry and the right not to have work subjected to
derogatory treatment. You agree to waive any such moral rights you may have in
the Content; and
- agree that we have no obligation to monitor or
protect your rights in any Content that you may submit to us, but you do give
us the right to enforce your rights in that Content if we want to, including
but not limited to taking legal action (at our cost) on your behalf.
7.6 You must not copy, distribute, make available
to the public or create any derivative work from any Content belonging to any
other player of our Games. If you believe that your intellectual property
rights have been infringed by someone else over the internet, you may contact
us by emailing the following information to osandu@yahoo.com:
- a description of the intellectual property
rights and an explanation as to how they have been infringed;
- a description of where the infringing material
is located;
- your address, phone number and email address;
- a statement by you, made under penalty of
perjury, that (i) you have a good-faith belief that the disputed use of
material in which you own intellectual property rights is not authorised, and
(ii) the information that you are providing is accurate, correct, and that you
are authorised to act on behalf of the owner of an exclusive right that is
allegedly infringed; and
- a physical or electronic signature of the
person authorised to act on behalf of the owner of the exclusive right that has
allegedly been infringed.
8 Privacy
8.1 Our Games include in-game advertising and
collects data through third party ad serving and analytics technology. By
playing our Games, you give your consent to us collecting, processing, using
and sharing your data in this way. If you do not agree to our Terms and
Conditions you should not access and/or play our Games.
8.2 Any personal information that we may collect
may also be subject to the policy of any social network that you may agree to
link our Games to. If you play our Games and you agree to allow them to
interact with a social network you are giving us permission to use your email
address and other personal information which that social network shares with us
that will allow us to personally identify you. You are also granting us
permission to help your contacts on that network find you so that you can play
socially. This is intended to make our Games more enjoyable for you and others
that play our Games on the social network. If you do not agree to these
practices you should not allow our Games to interact with your social network.
8.3 Third party ad serving and analytics
technology may use cookies to store certain types of information each time you
play our Games. By playing our Games, you give your consent to us collecting,
processing, using and sharing your data in this way. If you do not agree to our
Terms and Conditions you should not access and/or play our Games.
9 Links
We may link to third party websites or services
from our Games. You understand that we make no promises regarding any content,
goods or services provided by such third parties and we do not endorse the
same. We are also not responsible to you in relation to any losses or harm
caused by such third parties. Any charges you incur in relation to those third
parties are your responsibility. You understand that when you provide data to
such third parties you are providing it in accordance with their privacy policy
(if any) and our own privacy policy does not apply in relation to that data.
10 Transferring these terms
We may wish to transfer all or a part of our
rights or responsibilities under these terms to someone else without obtaining
your consent. You agree that we may do so provided that the transfer does not
significantly disadvantage you. You may not transfer any of the rights we give
you under these terms unless we first agree to this in writing.
11 Entire agreement
These terms set out the entire agreement between
you and us concerning our Games (as defined in paragraph 1) and they replace
all earlier agreements and understandings between you and us
12 Changes to these terms
You can find these terms at any time by visiting http://footballforgeekstoc.blogspot.ro/
We reserve the right to update these terms from
time to time by posting the updated version at that address. We may do so
because we change the nature of our products or services, for technical or
legal reasons, or because the needs of our business have changed. You agree
that if you do not accept any amendment to our terms then you shall immediately
stop accessing and/or playing our Games.
13 Severability
If any part of these terms is held to be invalid
or unenforceable under any applicable local laws or by an applicable court,
that part shall be interpreted in a manner consistent with applicable law to
reflect as nearly as possible our original intentions and the remainder of
these terms shall remain valid and enforceable.
14 Waivers of our rights
Our failure to exercise or enforce any of our
rights under these terms does not waive our right to enforce such right. Any
waiver of such rights shall only be effective if it is in writing and signed by
us.
15 Complaints and dispute resolution
Most concerns can be solved quickly by contacting
us at osandu@yahoo.com
In the unlikely event that we cannot solve your
concern and you wish to bring legal action against us these terms shall be
governed by and construed in accordance with the laws of England.
16 Questions about these terms
If you have any questions about these terms or
our Games you may contact us by email at osandu@yahoo.com
These terms were last updated on 17 January 2015.