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Terms and Conditions

1.-Rules and mode of acceptance of the terms of use.

This agreement governs the access and use of the web page that Footbie Solutions S.L. makes available to users who are interested in the service, titled www.footbie.com.

The use of the services provided on this website implies acceptance of these terms of use.

THE USER declares to have full capacity to contract and be bound by acceptance of these terms of use.

Footbie Solutions S.L. may cease, at any time and without prior notice, providing of the services available through www.footbie.com as well as modify the services provided, whether that be through incidental or substantial aspects. THE USER may terminate this agreement at any time, by withdrawing his user account.

Footbie Solutions S.L. may without notice cancel or suspend the account or access to the website of the USER, according to the unilateral discretion of Footbie Solutions S.L., considering that they are failing to comply with the Terms of Use and/or current legislation.

2.-Price for the use of the service

The use of this service by its users, whether or not registered users, is completely free.

3.-Language of the "terms of use."

The legally established language is Spanish from Spain; therefore before translating this Legal Notice into any other language, the original Spanish clauses must be understood as binding, both in the Legal Notice and in the Terms of Use or Privacy Policy.

4.-Privacy.

With the acceptance of these terms of use, the USER also declares knowledge and acceptance of our privacy policy.

Personal data sent by the USER using any of our forms will be incorporated into an automated file created by Footbie Solutions S.L. for which they are responsible. THE USER agrees that the data he provided is not false, is up-to-date and does not correspond to other persons other than the user.

5.-Intellectual property.

THE USER of the website claims to be the exclusive owner - and that they will continue to be while using this service- that the rights of the content uploaded to this site - whether it\'s intellectual property, image, or any other - or are authorized to broadcast over the web by licensing from the exclusive owner, and that the content does not infringe on the rights of third parties, that are exempt from charges or encumbrance whatsoever and have complete accessibility to it.

Therefore, the USER accepts and understands that only the uploading of material to this website in the following circumstances is permitted:

  1. Being the exclusive owner of all of the rights that pertain to content which you make available from our service. In this case, THE USER also states that the content they upload to our service does not belong to the directory of any management entity, retaining the full management of it.
  2. That the content uploaded to our service has been reported by the rights owner with a license that allows free dissemination to third parties through any medium.

6.-Release of rights for the provision of the service.

With the acceptance of these terms of use, the USER releases freely and non-exclusively to Footbie Solutions S.L. the rights of intellectual property and of any other type on the content uploaded to this service, including reproduction, distribution, public communication and transformation of the content worldwide, during the time in which the assigning user has access to it from the web, with the only purpose and object of this being that the content can be hosted and disseminated by the user through this service.

The user and owner of the rights to the content uploaded to the website will continue to be the exclusive proprietor, as the assignment contained in this section is only for the purposes that FOOTBIE may provide his services through the website and the rest of USERS can access his content.

In the event that the uploaded content is from a third party, but reported with a license that allows its free dissemination, the USER undertakes and is responsible for the license effectively permitting the type of use of that content through the service provided by the website.

The release of rights to Footbie Solutions S.L. of the content uploaded to the service will last as long as the USER has it published on the service offered by www.footbie.com or until he cancels his account with the service, with the exception of any comments made using the service while his account was active that had been published in places other than on the profile of the user whose account has been cancelled, and whose cession of rights will be during the maximum time allowed by the law, without prejudice that the USER will continue being the exclusive author and proprietor of this content.

After the removal of the content or the cancellation of the account by the USER, with said exceptions, it will not be accessible by others although Footbie Solutions S.L. may have backups of the site that could possibly have been made when the content was published.

7.- Release of image rights

In case that the USER uploads content where the image of a person appears (including the avatar of the USER), the USER guarantees being of adult age, to be the owner of the rights belonging to those images and to be in possession of the authorization of the people whose image is being reproduced. The USER is committed not to upload to our website any content without image or video authorization, where people appear who have not authorized the use when being legally enforceable. In case that the content uploaded by the user shows people under adult age, the USER guarantees he or she, has got the express and unequivocal consent for the recording and showcasing of the image, provided by the parents or legal tutors of the underage person.

By the acceptance of these term of use, the USER releases to Footbie Solutions S.L. non-exclusively, effective worldwide, in a free and transferable way with the authority to sub-license, the image rights associated with his photo uploaded to www.footbie.com as well as intellectual property rights of reproduction, distribution, public communication, and transformation of it.

The release of intellectual property and image rights will last as long as the user has his photography posted on his profile on www.footbie.com, and the only purpose will be to show the image to other users of the service.

THE USER is also committed to not uploading to our website, without authorization for the image or video, any in which people appear that have not authorized use when this is legally enforceable.

8.- Liability for improper use of the service and infringement of rights.

THE USER recognizes that Footbie Solutions S.L. is not responsible for possible unlawfulness or damages to the rights of the works or contents that are made available to third parties through the service offered on the website.

Likewise, the USER agrees to report to Footbie Solutions S.L. all content hosted on the website, of which there may be justified suspicion of illicitness.

Footbie Solutions S.L. reserves the right to withdraw content if its illicitness so requires - or content that may have justified suspicion - as required by the current Law of Services of the Society of Information in Spain.

The user is obligated to not carry out any actions or omissions that could break the law or cause damage, and, in particular and for example, will refrain from:

  1. Publishing content that is offensive, libelous, slanderous, racist, discriminatory, or which otherwise may injure the rights of third parties.
  2. Publishing data, personal images, or private information of any third party.
  3. Creating user accounts with fake profiles impersonating third parties.
  4. Using the service to perform unauthorized commercial communications or for collecting data from other users.
  5. Uploading content to the service which is subject to the intellectual or industrial property rights belonging to third parties without consent of these parties.
  6. Publishing content that might infringe on the right to honor, privacy, or image of third parties.

Footbie Solutions S.L. reserves the right to cancel the account of any user that it considers, with good reason, may be using it to infringe on rights of third parties.

9.-Advertising

The user is aware and accepts that Footbie Solutions S.L. may now or in the future include advertising on the website for their own or third party activity.

10.-Applicable law and jurisdiction

For any disputes that may arise in the interpretation or enforcement of these Terms of Use, as well as those derived from the use of the service, both parties agree that the courts and tribunals of Gijón (Spain) will be competent.

11.-Changes in the terms of use

Footbie Solutions S.L. may modify these terms of use.

In the case of modification, the user accepts that they will be sent an e-mail informing them about the modification. Non-registered users must monitor these terms of use frequently in order to ascertain any changes made since the last time they accessed the website.

The use of the service after the modification of the terms of use implies the knowledge and acceptance of the new modified version.

Understood, close this message

Legal Warning / Privacy Policy

INFORMATION ON THE SOCIAL INFORMATION SERVICES AND ELECTRONIC COMMERCE ACT

In compliance with information stated in article 10 of current legislation in Spain, Act 34/2002 of July 11th on Social Information Services and Electronic Commerce, we inform you that the party responsible for this website where you can download different applications is Footbie Solutions S.L.., with VAT ID ESB52537444, address PLAZA 6 DE AGOSTO Nº 6, 2º 33207 (SPAIN), and internet domain www.footbie.com, responding to users and/or interested parties at the following e-mail address: info (at) footbie (dot) com

NOTICE AND REMOVAL OF CONTENT

WWW.FOOTBIE.COM is a service that helps users and soccer supporters broadcast videos which showcase their amateur competitions or those of their teams.

All users who offer their content through WWW.FOOTBIE.COM have expressly stated they possess all rights over said material or are authorized for its distribution online. In any case, according to article 16 LSSI, WWW.FOOTBIE.COM is not held responsible for possible wrongdoing from the content as a result of any injury to a third party that could originate and warns that its function only includes maintenance of the website and supplying the technology necessary for uploading and viewing the content. This website does not assume any obligation of control, monitoring, or inspection of the content that its users offer.

Regardless, WWW.FOOTBIE.COM will delete all content from its server whose illegality or breach of rights so require. If you believe that any of the content uploaded by the users of WWW.FOOTBIE.COM is being disseminated without the corresponding permission of rights from owners or to be in breach of third party rights, including the rights to images, or any others, you can request its removal by specifying the URL where the content is located at the following address: info (at) footbie (dot) com

PURPOSE OF PRIVACY POLICY

In accordance with art. 5 of Organic Law 15/1999 December 13, FOOTBIE SOLUTIONS S.L., informs that all the data provided voluntarily through the website\'s forms by the users, will be inscribed in a file which ownership belongs to FOOTBIE SOLUTIONS S.L., and be informed that as a user, and as a citizen, you can exercise your rights of access, rectification, cancelation and opposition at the address mentioned in this legal notice, always to the attention of the Head of Security. All the data on this access form and uploaded videos are mandatory and not optional, except those which are expressly indicated as optional. In case you don\'t want to introduce mandatory information, the app may not allow you to continue introducing your data. Once registered, the USER will be able, if desired, to complete his profile data by adding information to the corresponding fields, which is absolutely optional.

You must be over 14 years old to register. If FOOTBIE suspects or is aware of the registration of a person under 14, Footbie will be in the right of cancelling the registration at any moment.

Footbie Solutions S.L., advises users that it complies with existing data protection regulations, especially with regard to Organic Act 15/1999 of December 13th on Personal Data Protection and Act 34/2002 on Social Information Services and Electronic Commerce. As well as with any other legislation that regulates activity over the sector where Footbie Solutions S.L. is registered.

In the case that Footbie Solutions S.L. requests your e-mail address, it will almost always be to communicate information about the organization, and in the vast majority of cases could be advertising. It was sent because you had put your e-mail address in the corresponding box for this purpose, and therefore we understood this as explicit consent to include your e-mail with the indication to receive advertising. Footbie will also use your email address to send periodic newsletters with the latest news regarding the service and updated information from your channel, as well as uploaded videos, views and subscriptions. Newsletters will also contain information that we consider of your interest as for instance recommended videos, uploaded videos to channels you are subscribed to and, in general, news regarding the website which we consider of interest of our users. In case you want to stop receiving newsletters, you\'ll have at your disposal the option to unsuscribe in each e-mail you\'ll receive.

In accordance with current regulations, Footbie Solutions S.L. only collects data strictly necessary to providing services that result from such activity, and other performances, services, and activities approved by the law.

This data protection policy may change over time due to possible legislative, case law changes or criteria used by the Spanish Agency of Data Protection and/or the competent oversight authority at any given time. For this reason Footbie Solutions S.L. reserves the right to modify this legal notice, adapting it for new legislation or case law that is being enforced at the exact moment upon access to the website, as well for new industry practices.

Given the previous circumstances Footbie Solutions S.L. will announce with sufficient advance notice on this Web page, changes being made before putting them into practice.

BASIC PRINCIPLES INVOLVED IN OUR PRIVACY POLICY

CONFIDENTIALITY

All of the data provided by e-mail or electronic forms will be treated according to current regulations on personal data protection, and in all cases will be confidentially handled by the staff of Footbie Solutions S.L. who manage such information, and sign contracts of confidentiality that our organization uses to regulate its employees.

INFORMATION ON THE VOLUNTARY GIVING OF DATA AND ITS CONSEQUENCES

VOLUNTARY PARTICIPATION

Users of the websites are informed that answers to questions posed in the data collection forms contained in this website are voluntary, although refusal to provide the requested data may result in the inability to access the services that require these forms.

CONSEQUENCES

By using the forms included in the different websites, relating to services provided by Footbie Solutions S.L. , Users accept inclusion and treatment of the data they provide to be in a personal data file, which is owned by Footbie Solutions S.L. , able to exercise applicable rights according to the following clause.

USER INFORMATION ON RIGHTS OF RECTIFICATION, ACCESS, OPPOSITION, AND CANCELLATION OF THEIR DATA

Users may exercise, with respect to the data collected in the manner previously described, rights recognized in Organic Act 15/1999, and in particular rights of access, rectification, opposition, and/or cancellation of data. Each User may exercise the rights referred to in the preceding paragraph by sending a written and signed request, along with a photocopy of an ID or passport to the following address:

TO THE ATTENTION OF THE HEAD OF SECURITY (DATA PROTECTION). FOOTBIE SOLUTIONS S.L. PLAZA 6 DE AGOSTO Nº 6, 2º 33207 - GIJON (ASTURIAS) - SPAIN

Likewise, if a User does not wish to receive information via e-mail or any other medium, he or she may communicate it by any means providing evidence of due receipt to Footbie Solutions S.L. at the indicated address info @footbie.com. In all cases, e-mail advertising will offer a link with precise and simple instructions for completing the unsubscribe process.

  • INFORMATION ABOUT THE DATA THAT IS PRESERVED
  • FOR HOW LONG
  • FOR WHAT PURPOSE DATA IS PRESERVED

Exclusively contact details (of a basic nature), such as name, last name, e-mail, telephone, etc. This information is received by Footbie Solutions S.L. and is never sold, shared, or rented to other companies, with the reasonable exception of providing its service.

Footbie Solutions S.L. is responsible for said personal data files, created by and for Footbie Solutions S.L., with the purpose of carrying out the maintenance and management of relationships with Users, managing the functions of access to the website for registered users, crossing data to make suggestions for content or contacts that may be of interest, developing website use statistics, answering users questions and sending them information about updates to the website by e-mail, newsletters, advertising and, in particular, information about changes to this privacy policy or in the terms of use (link to both).

FOR WHAT PURPOSE

Also, please note that database information may be used to identify Users and for statistical studies of registered Users.

During the data collection process, and whenever data is requested, Users will be informed of the mandatory or voluntary nature of data collection, and in the case that it is not clearly apparent on the electronic form in question, stating the need for the use of these to gain access to certain contents provided on the websites.

When appropriate, Users will be requested to give consent to Footbie Solutions S.L. to use their data in order to send them information relating to the corporation, activities that they are working on, or other related topics..

USER COMMITEMENT TO HAVING THEIR DATA REGISTERED IN A FILE

The entering of data in one or some of the data collection sheets implies acceptance of these conditions of use and of the privacy policy, with the understanding that you (the User) has been informed of the conditions of use and the legal notice of them, and is committed to full compliance during browsing and participation on www.footbie.com

PREVENTING THE TRANSMISSION OF DATA TO THIRD PARTIES WITHOUT THE EXPLICIT CONSENT OF THE USER

Additionally, and unless the User has been informed of the possible transfer of their data to third parties, and consent has been obtained from them, in no case, except those covered by current legislation, no external third party to Footbie Solutions S.L. will have access, without explicit consent from the User, to their personal data and/or browsing data. In all other cases Footbie Solutions S.L. will collaborate so that third parties comply with current legislation, even though liability falls on the aforementioned third parties.

Footbie Solutions S.L. does not sell, rent, or give personal data of Users of this website out, except when it\'s necessary for providing the service itself.

Footbie Solutions S.L. does not sell, rent, or give e-mails of their Users to other companies, except when it\'s necessary for providing the service itself.

DATA VISIBLE BY THIRD PARTIES AND BY FOOTBIE

The USER is aware and accepts that his username, uploaded videos, channels he subscribed to, name of the channel that he could create and descriptions of all of these will be visible by third parties, whether they are registered users or not.

THE USER is aware and accepts that FOOTBIE SOLUTIONS S.L. has access to the videos uploaded by users, comments made, votes made on other videos/comments, as well as channels to which they are subscribed, even so Footbie Solutions S.L. will not make use of this information that it has available, except for possible statistical purposes disassociated from those who are owners of the data and content.

With the cancellation of your user account, your profile data will be removed as well as all the content associated to you, including videos, channels created and comments, thus ceasing to be accessible to other users.

REMOVAL FROM THE INFORMATION DISTRIBUTION LIST

Occasionally, Footbie Solutions S.L. sends an e-mail notifying of improvements, news, or offers that may take place on Footbie Solutions S.L.\'s Web page. At any time Users can unsubscribe by sending an e-mail to info (at) footbie (dot) com.

USER USE AND CONTENT RESPONSABILITY

Both access to the websites and how the information and included contents within are used, shall be the exclusive responsibility of who made it.

Therefore, use that may result from information, images, web contents, and/or products reviewed and accessible through the website, shall be subject to the law, either national or international, as well as to the principles of good faith and fair use by Users, who will be entirely responsible for said access and correct use.

Users will be required to make reasonable use of services and web contents, following the principle of good faith, in regard to current law, ethics, public order, good practices, rights of third parties, as well as the rights of Footbie Solutions S.L. , all in accordance with the possible uses and reasons for which they were created. Footbie Solutions S.L. assumes no liability, neither direct nor indirect, for consequential damages or lost profits, arising from the misuse of services or web contents carried out by Users or third parties.

CONCEPT OF THE USER

Use of a website inherently attributes the condition of “User”, and implies full acceptance, without reserve regarding all, and every one of the disclaimers included in this version of the Legal Notice published by Footbie Solutions S.L., at the very moment the User accesses the website.

Consequently, the User must carefully read this Legal Notice upon each occasion they intend to use the website, as it is subject to changes.

OFFICIAL LANGUAGE OF THE WEBSITE

The legally established language is Spanish from Spain; therefore before translating this legal notice into any other language, the original Spanish clauses must be understood as binding, both in the Legal Notice and in the Service Conditions.

SOCIAL NETWORKS

Footbie Solutions S.L. have or may have some open profile on major social networks. On all the social networks it may appear, it is recognized as responsible for the processing of their users\' data, and/or followers of the company that have been included in its profile. The treatment performed by Footbie Solutions S.L. will be corporate within their policy as social network. Thus, Footbie Solutions S.L. may inform its followers, by any means that the network allows, on its activities, new products and events, as well as personalized customer service offers. Footbie Solutions S.L. will not extract data from social networks, unless timely and explicitly user consent for it.

INFORMATION ON LINKS

Footbie Solutions S.L. does not hold itself liable for websites that don\'t belong to them, which can be accessed via links or through any content made available by third parties.

Any use of a link or access to a website not belonging to Footbie Solutions S.L. is voluntary and at the sole risk of the user and is not recommended by the aforementioned entity, nor do they guarantee any information obtained through a non- Footbie Solutions S.L. link, nor do they accept liability for any loss, claim, or damage arising from the use or misuse of a link, or the information obtained through it, including other links or websites, interruptions in service or access, or attempts to use or poorly use a link, both when connecting to WWW.FOOTBIE.COM , and when accessing other websites\' information from WWW.FOOTBIE.COM

USE OF GOOGLE ANALYTICS

The website uses Google Analytics, an analytical web service provided by Google Inc., a Delaware company whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA ("Google"). Google Analytics uses "cookies," which are text files placed on your computer, to help the website analyze how users use the website.

The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information on our behalf in order to track your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties when required by law, or when said third parties process the information on Google\'s behalf. Google will not associate your IP address with any other piece of data held by Google.

You can refuse processing of your data or information by rejecting the use of cookies by selecting the appropriate settings on your browser, however, You should know that by doing so you may not have full functionality of this website. By using this website You consent to the processing of information about you by Google in the manner and for the purposes described above.

POLICY ON THE USE OF COOKIES

INFORMATION ON THE USE OF COOKIES

Cookies may be used on some pages of this website. The purpose of these cookies is to improve the service you offer to your customers and our visitors. In the case of cookies being installed, the administrator of this website will request your consent to do so, and you must accept it

Art. 22 LSSI. - "Service providers may use storage devices and data recovery in equipment terminals of recipients, provided that they have given their consent after having received clear and complete information on its use, in particular, regarding the processing of data, in compliance with the provisions in Organic Act 15/1999, of December 13th, on protection of data of Personal Character. When it is technically possible and effective, consent of the recipient to accept processing of data may be accomplished through the use of adequate browser parameters or others applications, given that the aforementioned precedes the configuration during the installation or update with an explicit action to such effect. The previously mentioned will not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communication network or, as strictly necessary, in order to provide an information society service expressly requested by the recipient."

A Cookie is a small file that is stored on the user\'s computer and it allows us to recognize them. The combination of cookies helps us to improve the quality of our website, allowing us to control the pages our users find useful, and those they do not.

Cookies are essential to the operation of the internet, contributing countless advantages to providing interactive services, allowing for browsing and the use of our website. Cookies cannot damage your computer and, in fact, when activated they help us identify and resolve errors.

COOKIE MANAGEMENT AND REVOKE OF PROVIDED CONSENT

Please note that you may refuse the use and installation of cookies from this site by changing your browser settings, being able to continue using this website. We also inform you that your experience using this website may be limited if you change some of the options we give:

Many browsers allow you to turn a private way by which cookies are always deleted after your visit. Depending on the browser, this private mode can have different names, you can find below a list of the most common browsers and different names of this "private mode"

  • – Internet Explorer 8 and higher: Inprivate
  • – FireFox 3.5 and higher: Private browsing
  • – Google Chrome 10 and higher: Incognito browsing
  • – Safari 2 and higher: Private browsing
  • – Opera 10.5 and higher: Private browsing

Please read carefully the help section of your browser to learn more about how to activate the "private mode". You can still visit our website if your browser is in "private mode", however, the user experience may not be optimal and some utilities may not work.

For more information about blocking cookies on your computer, do not hesitate to attend the explanation given in this web link: http://windows.microsoft.com/es-es/windows-vista/block-or- allow-cookies

Although cookies are essential to the functioning of the Internet, providing many advantages in providing interactive services, providing navigation and use of our website. Cookies cannot harm your computer and, in return, which are activated help us identify and resolve errors.

TYPES OF COOKIES

Session cookies: are temporary cookies that remain in the cookie file of your browser until you leave the website, so that none are registered on the user\'s hard drive. Information obtained with these cookies is used to analyze traffic patterns on the web page. Ultimately, this enables us to provide a better experience, improve content, and facilitate use.

Permanent cookies: they are stored on the hard drive and our website reads them every time you make a return visit. A permanent website has a set expiration date. The cookie will cease to operate after that date. We use them, usually, to facilitate purchase and registration services.

Please also note that cookies are small data files that are generated on the user\'s computer, making it possible to obtain the following information:

  • Date and time of the last time the user visited the website.
  • Content design that the user chose during their first visit to the website.
  • Security elements involved in controlling access to restricted areas.
  • Other types of information for certain specific cookies.

In all situations, and in accordance with the "Cookie Act" Act 13/2012 of March 30th, our Web page, when installing any cookie, will request your prior consent for the installation at the same time that our web address is indexed.

In some cases, as a result of not accepting the cookie installation, our Web page will not be able to let you continue browsing on it. And some of our services may not work properly.

THE USE OF COOKIES ON OUR WEBSITE

Within this website, these types of Cookies may be used, namely:

Cookies that are strictly necessary for example, those needed for proper navigation, or those which allow for the payment of goods and services requested by the user, or cookies ensuring that web page content is loaded efficiently and correctly.

Third-party cookies are those used by social networks, or by content plug-ins for example, Google Maps, social networks, etc.

Analytical cookies with the intention of periodic maintenance, and to ensure the best possible service for the user. Analytical cookies are normally used to compile statistical data of activity.

In all circumstances, if you accept the installation of any cookie, you can reference the following details, the name of those our website may install and their use:

Domain Name Cookie Purpose Expiration
.footbie.com _ga _ga Google Analytics 1 year
.footbie.com _utmz _utmz Google Analytics 1 year
.footbie.com _utmb _utmb Google Analytics 1 year
.footbie.com _utma _utma Google Analytics 1 year
.footbie.com footbie_auth,footbie_session footbie_auth,footbie_session Login 1 year
.footbie.com lang lang Language 1 year

Footbie Solutions S.L. has followed the criteria and advice of the Spanish Data Protection Agency, as published in its "Guide for the use of Cookies" in 2013.

DISCLAIMER AND LIMITATION OF LIABILITY

The information and services included in, or available through the web pages may include inaccuracies or typographical errors. Changes are made periodically to the information contained within. Footbie Solutions S.L. can make improvements and/or changes to services or web contents at any given time.

Footbie Solutions S.L. has obtained information and material included on the website from sources considered to be reliable, and although necessary measures have been taken to ensure that the information is correct, this does not guarantee that it is exact and up-to-date.

Also, please note that the contents of this website have an informative purpose regarding the quality, situation, accommodations, services and rates for Footbie Solutions S.L.

INFORMATION ON EXEMPTIONS FROM LIABILITY ORIGINATING FROM A TECHNICAL OR CONTENT FAILURE

Footbie Solutions S.L. declines any liability should interruptions or malfunctioning of the services or web contents offered online occur, whatever the cause may be. In addition, Footbie Solutions S.L. does not hold itself responsible for loss of network connection, business damages as a result of these connection losses, momentary loss of electric power supply, or any other type of indirect damage that can be suffered by Users for reasons outside the control of Footbie Solutions S.L..

Footbie Solutions S.L. does not warrant or guarantee that services or web contents will be uninterrupted or free of errors, that defects will be corrected, or that service or the server that makes it available is free of viruses or other harmful components, and without prejudice Footbie Solutions S.L. makes every effort to avoid such incidents. When the User is to make certain decisions or perform actions based on the information included in any of the websites, it is recommended that they verify the information with other sources.

INTELLECTUAL AND INDUSTRIAL PROPERTY

Footbie, is a brand registered in the Spanish Office of Patents and Brands, with registration number 15394811, therefore it\'s protected by the rights regulated in the Trademark Act.

Web contents provided by Footbie Solutions S.L., as well as web contents available on the network through its web pages, constitute a work or art in terms of legislation on intellectual property, and therefore are protected by the laws and international agreements applicable to this field.

Strictly forbidden is any form of reproduction, distribution, public communication, modification, delivery, and in general, any other act of public exploitation referring both to the Web pages and to their contents and information, without explicit and prior written consent from Footbie Solutions S.L..

Consequently, all of the web contents that are displayed on the different websites and in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial drawings, or any other signs susceptible to industrial and commercial use are subject to the intellectual and industrial property rights of Footbie Solutions S.L. or third party owners of those who have duly authorized their inclusion on the different websites.

The web contents, images, forms, opinions, indexes, and other formal expressions that are part of the Web pages, as well as software needed for the operation and visualization of them also constitute a work of art in terms of Copyright and are, therefore, protected by international agreements and national legislation applicable to the Intellectual Property field. Failure to comply with the above implies serious illegal acts, and due sanctioning by civil and criminal law.

Note the following is also forbidden: any act in which Users of services or web contents exploit or commercially use, directly or indirectly, in their entirety or partially, any of the web contents, images, forms, indexes or other formal expressions that are part of the Web pages without prior written permission from Footbie Solutions S.L..

Specifically, and without limitation, the following acts are prohibited: reproduction, distribution, exhibition, transmission, broadcasting, broadcasting in any form, storage of hardware or software (for example, floppy disks or hard drives for computers), digitalization, or accessing data bases not authorized by Footbie Solutions S.L. , as well as translation, adaptation, fixing, or any other transformation of said opinions, images, forms, indexes, and other formal expressions made available to Users through services and web contents. As such, these acts are subject to the applicable legislation on intellectual and industrial Property and image protection.

Footbie Solutions S.L. is free to limit access to the web pages, and to products and services offered on them, as well as to the subsequent publication of opinions, observations, images, and comments that users may send by e-mail.

Footbie Solutions S.L. , in this sense, may set up if it deems appropriate, without prejudice to the sole and exclusive responsibility of Users, necessary filters in order to avoid the spreading of contents or opinions through its Web pages considered to be racist, xenophobic, discriminatory, pornographic, defamatory, and in any case, that encourage violence or the dissemination of contents that are clearly illicit or harmful.

Users who send the suggestions department of Footbie Solutions S.L.\'s web pages their observations, opinions, or comments through e-mail, unless clearly and unmistakably expressing otherwise, whenever it\'s possible based on the nature of services or contents, it is to be understood that they authorize Footbie Solutions S.L. the rights to reproduction, distribution, exhibition, transmission, broadcasting, broadcasting in any form, storage or hardware or software (for example, floppy disks or hard drives for computers), digitalization, inclusion in data bases belonging to Footbie Solutions S.L. , translation, adaptation, fixing, or any other transformation of such observations, opinions, or comments, for all time, legally foreseen under copyright protection. Additionally, it is to be understood that this authorization is granted for free, and based purely on the fact of sending such observations, opinions, or comments by e-mail, users decline any claim to payment from Footbie Solutions S.L..

In accordance with that stated in the previous paragraph Footbie Solutions S.L. is also authorized to proceed with modifications or alterations of such observations, opinions, or comments, in order to adapt them to the needs of the Web pages editorial formats, without this information it could be misunderstood that damages regarding moralfaculties or copyright could exist, that Users could hold them to.

Also forbidden are any technical, logical (software), or technological resources by virtue of which a third party can benefit, directly or indirectly, with or without profit, from all and each one of the web contents, forms, indexes, and other formal expressions that are part of the Web pages, or part of Footbie Solutions S.L.\'s efforts of operation. In particular, also forbidden are any links, hyperlinks, framing or similar links that could be established and directed to the Web pages of Footbie Solutions S.L. , without explicit prior written consent from Footbie Solutions S.L. . Any transgression of such will be considered damage to the legitimate rights of intellectual Property of Footbie Solutions S.L. regarding its Web pages and all of the contents on them.

Footbie Solutions S.L. will not assume any liability for consequences resulting from the behaviors and actions previously cited, in the same way that they assume no liability for the web contents, services, products, etc., of third parties which may be accessed directly or through banners, links, hyperlinks, framing, or similar links on Footbie Solutions S.L. websites.

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DMCA

Although our website is not based in the United States, we respect the intellectual property rights of copyright holders, and thus have chosen to voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”).

This website (“SITE”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users.

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the SITE (preferably including specific url’s associated with the material);
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
  5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to:

 Copyright Agent
6750 N. Andrews Ave., Suite 200
Fort Lauderdale, FL 33309
United States
Fax: (800) 371-0235
E-mail: [email protected]

Please do not send other inquires or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Further information regarding notification and takedown requirements can be found in the DMCA, here: http://www.law.cornell.edu/uscode/text/17/512

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.

Take Down Procedure

The SITE implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The SITE reserves the right at any time to disable access to, or remove any material or activity accessible on or from any SITE or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the SITE to terminate the account of repeat copyright infringers, when appropriate, and the SITE will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the SITE shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

DMCA Counter-Notification Procedure

If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide Our Designated Copyright agent the following information:

  1. a specific description of the material that was removed or disabled pursuant to the Notice;
  2. a description of where the material was located within the SITE or the Content before such material was removed and/or disabled (preferably including specific url’s associated with the material);
  3. a statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
  4. the Recipient’s physical address, telephone number, and email address; and,
  5. a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.

Written notification containing the above information must be signed and sent to:

 Copyright Agent
6750 N. Andrews Ave., Suite 200
Fort Lauderdale, FL 33309
United States
Fax: (800) 371-0235
E-mail: [email protected]

Please do not send other inquires or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.

Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the SITE’s system or network.

Service Provider Customers or Subscribers

In the event that the alleged infringer identified in an intended DMCA Notice is, itself, operating as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the SITE requests that any such DMCA Notices relating to alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the DMCA Agent designated by the service provider instead of the SITE.

Modifications to Policy

The SITE reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes.

Customer Service Requests Please note that the DMCA Agent is not associated with the SITE in any other capacity, but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the SITE’s customer service department.

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