Terms and Conditions
These terms and conditions (the “Terms and Conditions”) set forth the legally binding terms for accessing, using and visiting any and all web pages and related services and materials of this website of FootNex (“FootNex”). By accessing the website, you (“You”) unconditionally accept the present Terms and Conditions in their entirety. The present Terms and Conditions constitute the agreement between FootNex and the User (the “Agreement”).
– Content; means texts, files, photographs, logo’s, slogans or any other material that is published on the Website;
– Visitor; means the person using the Website. A User can either be a Member or a person visiting the Website;
– Member; means a User who has successfully registered on the Website in accordance with the registration process set forth on the Website
– Website and/or Company; that is the website www.FootNex.com
2. USING THE WEBSITE EN COMMUNITY
2.1 The service
FootNex is an internet information community service that facilitates contact between members who may or may not be seeking other members in the world of Football (Soccer).
2.2 Membership en registration
(a) You may become a member of the Service free of charge.
(b) You acknowledge and agree that in order to protect the users of this site, you may not apply for or become a member if you have been convicted of an indictable offence or a felony. By applying for membership you warrant and represent to us that you have not been convicted of an indictable offence or a felony nor are you required to register as a sex offender with any government authority. We reserve the right to conduct investigations and background checks on you, to confirm you are not in breach of this representation and warranty, and you hereby consent to allowing us to conduct such investigation. We reserve the right to refuse and/or terminate your membership if you breach this warranty or your representation proves to be false.
2.3 Member ID and password
As part of the member registration process, you will be required to select a member ID (username) and password. We may refuse to accept any username for any reason, including that the proposed member ID impersonates someone else, is or may be illegal. You are solely responsible for the confidentiality and use of your member ID and password (including all activities conducted under your Member ID and password) and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
2.4 Information available overseas
(a) You consent to the transfer of information provided by you (including Personal Information other than your full name, email address, residential address or phone numbers) to members residing in countries other than your country of residence wich means worldwide.
2.5 Exposure to viruses
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.
2.6 Content of profile
(a) You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service.
(b) you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and privacy rights).
(c) you will not transmit “spam,” chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
(d) you will not use the Service or the Website for any unauthorised commercial purposes;
(e) you will not solicit or attempt to solicit any money from any member or other user of the Service or the Website;
(f) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
(g) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(h) You are solely responsible for your interaction with other members of the Service.
2.7 Use of images
By providing any photographs, material, information or content to the website, you acknowledge and agree that the FootNex may:
(a) reproduce, use, copy, perform, display, distribute and exploit the material, information or content;
(b) prepare derivative works of, or incorporate into other works and other media, such material, information and content; and
(c) a Member is responsible for his own information, like photographs, material, information or content.
FootNex is not liable for any damages resulting from or in connection with:
(a) the use of the Website or the use of electronic means of communication with the Website or with third parties, including – but not limited to – damages resulting from failure or delay in delivery of electronic messages, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses;
(b) information provided by members or third parties.
The Website may contain links to external web pages. FootNex is not liable for the use or contents of web pages linked to the Website any links to or from web pages to which a link is included to the Website.
4.1 Information not confidential
5.1 Processing of personal data
In principle, Users who are not Members are free to visit parts of the Website without being obliged to provide any of their personal data. However, in order to (i) use certain benefits (such as subscriptions to newsletters) or (ii) participate in certain activities (such as contests or other offers) and (iii) communicate with other Users, Users are sometimes required to provide certain personal data in order to become Members. Further information regarding the different types of personal data that are required is provided on the Website.
Any personal data communicated to FootNex is processed and used by FootNex, The User hereby gives his free and informed consent to FootNex to process and use any personal data communicated by him to FootNex for the purposes set out above.
Any User, properly establishing his identity by providing a recto verso copy of his identity card, may, without any charge and by means of signed, dated and written document, request FootNex to communicate all personal data related to him and may require FootNex to rectify the data which would be inaccurate or incomplete. Under the same conditions, any User may ask FootNex not to process these data for direct marketing purposes. If the User has an electronic identity card, then also a print-out of the content of the chip or an official certificate of domicile is required to exercise these rights.
The User acknowledges and guarantees to FootNex that he has obtained the undisputed, free and prior consent of any and all persons of which he as communicated personal data to FootNex. Such persons will be fully informed by the user of (i) all possible and eventual use and conditions of use of such data by FootNex, (ii) their right to ask FootNex to communicate the personal data in its possession, (iii) their right to ask FootNex to rectify data which are inaccurate, incomplete or wrong, after properly establishing their identity by providing a recto verso copy of their identity, (iv) the coordinates of FootNex, (v) the categories of recipients of these personal data, (vi) the right to oppose themselves, on demand and without any charge, against the processing and/or use of these data for direct marketing purposes. The User acknowledges and guarantees to FootNex that any data communicated to FootNex are correct and accurate at all times.
5.2 Disclosure of personally identifiable information with third parties
FootNex will not share any personally identifiable information with any third party for any purpose other than those defined in the Terms and Conditions. However, FootNex may disclose Your personally identifiable information in the following circumstances:
(a) sometimes carefully selected third parties are used to provide FootNex with support services in connection with its Website and such parties may, from time to time, have access to Your information to enable them to provide those services to FootNex. In such event, FootNex shall use its best efforts to ensure that such third party processes the data under similar conditions and complies with the legal requirements governing the processing of personal data;
(b) when FootNex has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to You, or otherwise injuring or interfering with FootNex rights, property or operations, other Users of this site, or anyone else who could be harmed by such activities; or
(c) when FootNex believes the law requires it, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.
(d) as permitted by You in Your publishing settings and through Your interactions and communication through the Website.
You acknowledge and agree that FootNex is entitled to transfer personal data to third parties, such as its partners and processors, who are located in other countries outside of the European Union, such as the United States of America and India. FootNex will see to it that such third parties will provide an adequate level of protection when processing Your personal data in accordance with the Privacy Act.
FootNex Website is about sharing information with others while providing You with privacy settings that restrict other Users from accessing Your information. The Website’s network architecture and Your publishing settings allow You to make informed choices about who has access to Your information. FootNex does not provide contact information to third-party marketers without Your permission.
When You use the Website, certain information You post or share with third parties (e.g. a friend or someone in Your network), such as personal information, comments, messages, photos, videos or other information, may be shared with other Users in accordance with the publishing settings You select and may therefore become publicly available. All such sharing of information is done at Your own risk.
If the ownership of all or substantially all of FootNex business, or individual business units owned by FootNex, were to change, Your User information may be transferred to the new owner so the service can continue operations. In any such transfer of information, Your information would remain subject to the conditions set forth in these Terms and Conditions.
FootNex will not be held liable for any processing of personal data carried out by a User. Such processing of personal data will be carried out under the responsibility of that User, who will, as the case may be, act as the data controller within the meaning of the Privacy Act.
5.3 Non-personally identifiable information
FootNex also collects and processes non-personally identifiable information in aggregate form to track data and for statistic purposes (the total number of visits to the Website, the number of visitors to each page of the Website, the third party links that are shown in using the Website and the domain names of the Users’ internet service providers, etc.) FootNex uses this information, which remains in aggregate form, to understand how Users use the Website so that FootNex may improve it and the services which are offered.
FootNex logs the User’s Internet Protocol (IP) address but shall not link IP addresses to any personally identifiable information. IP addresses of Users are used for systems administration purposes only. FootNex shall use such data in order to establish internal statistics and to improve the quality of the services delivered to the User. In practice, this means that the User’s session will be tracked, but the User will not be identified. However, FootNex may use IP addresses to identify Users when it is necessary to enforce compliance with any legal obligation, the Terms and Conditions, or to protect the Website and/or other Users.
An (IP) address is a set of numbers that is automatically assigned to Your computer whenever You log on to Your Internet service provider or through Your organization’s local area network (LAN) or wide area network (WAN). Web servers automatically identify Your computer by the IP address assigned to it during Your session online.
The Website makes use of “cookies”. Cookies are small electronic files that are placed on the hard disk of the user’s computer. The Website places cookies only for the purposes of carrying out or facilitating the transmission of a communication over an electronic communications network or providing an information society service explicitly requested by the User, such as registering the User’s acceptance of the general conditions, registering a User’s language selection during a browser session and registering that the User has performed a payment. The User can install his web browser in such a way that his browser provides information about the reception of a cookie or makes it possible to refuse the placing of a cookie. However, the User should be aware of the fact that, if he refused the placing of cookies, some parts of the Website may not function properly or may be inaccessible or the requested information, service or activity may not be supplied.
By explicitly accepting cookies or by enabling Your Internet browser to accept cookies, You have given Your explicit and prior consent for the installation of Internet cookies on Your computer.
7.1 Monitor information
We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms and Conditions. To ensure that we provide the highest level of service and the safest online environment to its customers, we have engaged one or more third parties to provide online security functions for our customers. Providing this security requires the collection of certain non-personal data from your computer or other device by which you connect to our websites. You expressly acknowledge and agree to our collection, whether directly or by third-party security providers, of certain non-personal data to be used for the sole purpose of ensuring a secure and safe online environment for you. Even through no personal data is collected, we ensure that any third parties with which it contracts for security services observes the highest data protection and privacy standards.
7.2 Editing information
While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms and Conditions or to be otherwise unacceptable.
7.3 Security of information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
8.1 Agreement effective for members
This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.
8.2 Termination of membership by you
You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to; info@FootNex.com or send by the Contact Us section of the Website, may be emailed to the email address listed in the Contact Us section of the Website, or may be effected by clicking on the Delete profile in the members’ section of the Website.
8.3 Termination of your access to Service
We may, in our absolute discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.
8.4 Termination of membership by us
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. This will be done without notice.
9.1 Changes to the Terms and Conditions
FootNex preserves the right to adapt and amend all Terms and Conditions of access and/or use of its website and the User obliges himself to consult any and all Terms and Conditions, mentioned above, before each use of the website. Any access and/or use of the Website implies the agreement of the User on the content of any and all Terms and Conditions in force at the moment of access and/or use.
9.2 No waiver
The failure of the Website to exercise or enforce any right or provision of the Terms and Conditions shall not operate as a waiver of such right or provision.
9.3 Suspension and/or removal of Content
With a view to improving or maintaining quality of the Website, FootNex may, without notice, suspend access to this Website in whole or in part, or temporarily or permanently suspend or remove some Content. Under no circumstances will such suspension or removal result in any compensation.
In case a provision or a condition provided in these Terms and Conditions becomes, for whatever reason, invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of the Terms and Conditions. The User accepts that a similar condition will apply, that is as close as possible with the purpose and consequences of the invalid or unenforceable provision.
9.5 Governing law and jurisdiction
Any dispute relating to or resulting from, directly and/or indirectly, the use of, the (lack of) access to, the visit of and the (illegal or prohibited) use of the Website are governed solely by the European law. The Courts of Brussels shall have exclusive jurisdiction over any dispute relating thereto, without prejudice to FootNex right of making choice of any other court having jurisdiction on such a dispute under any applicable law.
The use of the Website is not allowed in countries where the totality or a substantial part of the Terms and Conditions, including this paragraph, is not applicable.
The User warrants to be entitled to enter into this agreement. If the user is a minor, then he warrants that his parents or legal guardian has consented to him entering into this agreement.