Please read these Terms and Conditions (“TOC” or “Agreement”) carefully before using the services that are offered by Footballization Management and Services WLL (“Footballization”), a company that is registered with the Ministry of Industry and Commerce and Tourism of the Kingdom of Bahrain.
This Agreement sets forth the legally binding terms and conditions for using footballization.com (this “Site” or “Website”) and all services provided by Footballization.
By using this Website in any manner, including but not limited to visiting or browsing the Website, you (the “User” or “You”) agree to bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please use the Contact Us section of this Website.
2. Membership Eligibility
Age: Footballization’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Footballization may, in its sole discretion, refuse to offer access to or use of the Site and application to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site and application is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Footballization’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Footballization’s policies as stated in the Agreement and the FOOTBALLIZATION policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Footballization, which may be updated by Footballization from time to time without notice to you.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Footballization from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address and phone number. To purchase items on this Site, you must provide and maintain valid payment information such as valid credit card information.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Footballization of any unauthorized use of your password or any breach of security. You also agree that Footballization cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Footballization without Footballization’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address and phone number.
Account Transfer: You may not transfer or sell your Footballization account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service Transfer: Footballization’s services are not available to temporarily or indefinitely suspended Footballization members. Footballization reserves the right, in Footballization’s sole discretion, to cancel unconfirmed or inactive accounts. Footballization reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Footballization may choose to change the price of any of product, with or without cause, such as promotional events; such changes are effective when Footballization posts the temporary promotional event on the Site. Footballization may, at its sole discretion, change some or all of Footballization’s products at any time.
Unless otherwise stated, all fees are quoted in BHD (Bahraini Dinars), as such, your purchase may be subject to foreign exchange fees or differences in prices based on your location (e.g. exchange rates).
All purchases made are subject to Footballization’s Refund Policy. Users may view their historical transactions in the My Account section of the Site.
In certain situations, including but not limited to a void or invalid transaction, Footballization may issue a credit for the applicable price to a User’s account.
4. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities or and regarding to Footballization and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links (together, “Content”) that you submit, post or display on Footballization.
Your use of Footballization shall not:
- Be false, inaccurate or misleading
- Be fraudulent
- Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any sit and application policy or community guidelines, or any applicable law, statue, ordinance or regulation (including, but not limited to, consumer protection, unfair competition or false advertising)
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Footballization staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or create of false account(s) or any other method or device
- Take any action that may undermine online reviews or products/service
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Modify, adapt or hack Footballization or modify another website and application so as to falsely imply that it is associated with Footballization
- Appear to create liability for Footballization or cause Footballization to lose (in whole or in part) the products/services of Footballization
- Link directly or indirectly, reference or contain descriptions of any element that is prohibited under this Agreement, Bahraini Law or other policy documents as posted on Footballization.
Furthermore, you may not list any item on Footballization (or consummate any transaction that was initiated using Footballization) that, by paying to Footballization the listing fee or the final value fee, could cause Footballization to violate any applicable law, statue, ordinance or regulation, or that violates this Agreement.
License: Footballization does not claim ownership rights in your content. You grant Footballization a license solely to enable Footballization to use any information or Content you supply Footballization with, so that Footballization is not violating any rights you might have in that Content. You grant Footballization a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known. You agree to allow Footballization to store, translate, or re-format your content on Footballization and display your content on Footballization in any way Footballization chooses. Footballization will only use personal information in accordance with the Applicable Law.
As part of a transaction, you will submit personal information, including email address and delivery information, to Footballization. Footballization reserves the right to use this information for Footballization related communication.
Reposting Content: By posting content on Footballization, it is possible for an outside website or application or a third party to re-post that content. You agree to hold Footballization harmless for any dispute concerning this use. If you choose to display your own Footballization hosted image on another website or application, the image must provide a link back to its listing page on Footballization.
Idea Submissions: Footballization considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Footballization shall not be liable for the disclosure or use of such Material. If, at Footballization’s request, any member sends Material to improve the site and application (for example through the contact us section or to customer support), Footballization will also consider that Material to be non-confidential and non-proprietary and Footballization will not be liable for use or disclosure of the Material.
Any communication by you to Footballization is subject to this Agreement. You hereby grant and agree to grant Footballization, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the License Agreement, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
6. Information Control
Footballization does not control the Content provided by Users that is made available on Footballization.
You may find some Content to be offensive, harmful, inaccurate, misleading, illegal or deceptive. There are also risks of dealing with underage persons or people acting under false pretense or with dealing with deceptive representation. While Footballization will act to the best of its ability to confirm the authenticity of Users, Footballization will not always be able to prevent this misuse of its Site. By using this Site, Users agree to accept such risks and that Footballization (and Footballization’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of Users on Footballization.
Other Resource: Footballization is not responsible for the availability of outside website and applications or resources linked to or referenced on the Site. Footballization does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such website and applications or resources.
You agree that Footballization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website and applications or resources.
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Footballization’s policies and acknowledge and agree to comply with the Bahraini Laws. Footballization is not involved with user generated groups, the groups’ requirements, or the Meetings.
Footballization does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Group or User Fees: Some user-generated groups on/from Footballization may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings.
Footballization is not involved in the transactions, the payments or their processing. The payment does not go to Footballization; this money is separate from any fees or charges assessed by Footballization, and Footballization has no control over the money, the user generated-groups, promotions, the Meetings or the leader of the group in connection with its use.
You acknowledge and agree that Footballization is neither involved nor a party in any payment, transaction or interaction between or among user-generated groups, Footballization users and/or third parties (together a “Third Party Transaction”), and that you bear all risk in connection with your third party transactions.
Users should use common sense and be careful in deciding whether to contribute money.
8. Resolution or Disputes and Release
Disputes with Footballization: In the event a dispute arises between you and Footballization, please contact Footballization. Any question, controversy or claim arising under or relating to this Agreement, including without limitation any such matter or for any breach hereof, shall be settled by arbitration in accordance with the rules of the GCC Centre for Arbitration and the provisions of the laws of the Kingdom of Bahrain relating to arbitration, as said rules and laws are in effect on the date of this Agreement. The arbitration shall be conducted in the Kingdom of Bahrain, by and before a single arbitrator, who is experienced in the problem or problems in dispute, to be agreed upon by both parties, or if they are unable to agree upon an arbitrator within ten (10) days after written demand by either party for arbitration, then, at the written request of either party, the arbitrator shall be appointed by the GCC Centre for Arbitration, proceedings to obtain a judgment with respect to any award rendered hereunder shall be undertaken in accordance with the laws of the Kingdom of Bahrain including the conflicts of laws provisions thereof.
Each party shall pay one-half of the arbitrator’s fees and expenses. Upon application to the arbitrator, the parties shall be entitled to limited discovery, including only exchange of documents and only depositions on such terms as the arbitrator may allow for purposes of fairness and to reduce the overall time and expense of the arbitration.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Footballization encourages you to contact the user or third party to resolve the dispute amicably.
If the two parties are unable to resolve a dispute resulting from a transaction that occurs on Footballization, they may choose to participate in Footballization’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Footballization. Footballization provides its dispute resolution process for the benefit of users. Footballization does so in Footballization’s sole discretion, and Footballization has no obligation to resolve disputes between users or between users and outside parties. To the extent that Footballization attempts to resolve a dispute, Footballization will do so in good faith based solely on Footballization’s policies. Footballization will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to the local law enforcement, or a certified mediation or arbitration entity, as applicable.
You release Footballization (and Footballization’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
9. Intellectual Property
Footballization, and other Footballization graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Footballization in the Kingdom of Bahrain and/or other countries. Footballization’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Trademarks and logos that are used in connection with this Site are trademarks of their respective owners.
10. Accesses and Interference
Footballization may contain robot exclusion headers that contain internal rules for software usage. Much of the information on Footballization is updated on a real-time basis and is proprietary or is licensed to Footballization by Footballization’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Footballization for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Footballization’s Terms and Conditions , or otherwise without Footballization’s prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Footballization’s sole discretion, an unreasonable or disproportionately large load on Footballization’s infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in Footballization from the Site except to the extent expressly permitted by and in compliance with Footballization’s policies , or otherwise without the prior express written permission of Footballization and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Footballization’s robot exclusion headers or other measures Footballization may use to prevent or restrict access to Footballization
Without limiting any other remedies, Footballization may, without notice, and without refunding any fees, delay or immediately remove Content, warn Footballization’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s account, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and application and refuse to provide services to a User if any of the following apply:
Footballization suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; Footballization is unable to verify or authenticate any of your personal information or Content; or Footballization believes that a User is acting inconsistently with the letter or spirit of Footballization’s policies, has engaged in improper or fraudulent activity in connection with Footballization or the actions may cause legal liability or financial loss to Footballization’s users or to Footballization.
Footballization reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Footballization.
Except as provided herein, Footballization will not sell or disclose your personal information (as defined in this Agreement) to third parties without your explicit consent. Footballization may use your private information internally and between Footballization and its associated partners. Footballization stores and processes content on computers located in the Kingdom of Bahrain that are protected by physical as well as technological security.
13. No Warranty
Footballization, Footballization’s subsidiaries, officers, directors, employees, and Footballization’s suppliers provide Footballization’s Site and Services “as is” and without any warranty or condition, express, implied or statutory.
Footballization, Footballization’s subsidiaries, officers, directors, employees and Footballization’s suppliers specifically disclaims any implied warranties of title, merchant ability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Footballization shall create any warranty.
14. Liability Limit
In no event shall Footballization, and (as applicable) Footballization’s subsidiaries, officers, directors, employees or Footballization’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connections with the use of the site and application, Footballization’s services, or this agreement, including without limitation, lost profits, bodily injured, food poisoned and health issues, emotionally distress, or any special, incidental or consequential damages.
Footballization’s liability, and (as applicable) the Liability of Footballization’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the amount paid by the User in such transaction and where applicable as stated herein in this Agreement.
You agree to indemnify Footballization and (as applicable) Footballization’s subsidiaries, affiliated, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. No Guarantee
Footballization does not guarantee continuous, uninterrupted access to the Site and its services, and operation of the Site may be interfered with by numerous factors outside Footballization’s control.
17. Legal Compliance; Taxes
Users shall comply with all applicable local laws and regulations regarding your use of the Site and any Footballization service and, if applicable, your listing, purchase and solicitation of offers to purchase. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency
You and Footballization are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Footballization Service
Footballization may help connect Users with other Users that are seeking services. Footballization does not supervise, direct, control or monitor Users in the performance of these services and agree that:
- Footballization is not responsible for the offering, performance or procurement of these services;
- Footballization does not endorse any particular Member’s offered services;
- Nothing shall create an employment, agency, or joint venture relationship between Footballization and any User offering services.
If you are a user that is offering services, you represent and warrant that you have all the required licenses and will provide services that adhere to Footballization’s Professional Conduct Policies.
Users are advised to use caution, common sense, and practice sensible and safe transactions when using Footballization.
Footballization may use the information and data Users provide to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up to date helps Footballization in making these recommendations more accurate and relevant.
If Footballization makes a material change Footballization will notify you here, by email, by means of a notice on our home page, or other places Footballization deems appropriate. What constitutes a “material change” will be determined at Footballization’s sole discretion, in good faith, and using common sense and reasonable judgment.
21. Governing Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Kingdom of Bahrain.
Users may terminate their accounts ant any time.
Upon termination, Users lose the right to access certain features on the Site, however, the right to use and disclose User feedback will survive terminate.
In addition, Sections 3 (Fees and Billing), 5 (Content, License), 6 (Information Control), 7 (Meetings, Groups or User Fees),
8 (Resolution of Dispute and Release), 10 (Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Governing Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by registered mail to Footballization; PO Box 17081 Manama or through the Contact Us section in this Site (in the case of Footballization) or, in your case, to the email address you provide to Footballization (either during the registration process or when your email address changes).
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Footballization may give you notice by registered mail to the address provided to Footballization. In such case, notice shall be deemed given three days after the date of mail delivery.
For issues with intellectual property, please provide the notice as specified Footballization PO Box 17081 Manama or through the Contact Us section in this Site.
The services hereunder are offered by Footballization, PO Box 17081 Manama, Kingdom of Bahrain, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.