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Terms and Conditions

General rules and legal considerations concerning the use of Footbie.com

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.