Last updated on: 19/05/2020
1. Website and Agreement
1.1. www.footbid.com and www.footbid.pt, including any subdomains thereof (the “Website” or “FOOTBID”), is owned by FootBid (“we”, “us”, or “our”). We welcome you to FOOTBID.
2.1. FOOTBID is an innovative fantasy football game where you can buy and sell players in a dynamic marketplace. It enables people to buy and sell athletes’ virtual shares which are valued in accordance with their real-life sports performance and the supply and demand verified on the platform.
2.2. FOOTBID is a fantasy football game, which does not receive or pay any monetary values from or to its users. All references to “shares”, “coins”, “investment”, “profit”, “loss” or others are purely fictional and do not have any positive or negative impact on your finances. No money is at risk and no profit is expected to the users of FOOTBID.
3. Acceptance of Terms
3.2. The access to or use of certain areas and features of FOOTBID may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of FOOTBID. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of FOOTBID, the latter terms and conditions shall take precedence with respect to your access to or use of that area or feature, unless specified otherwise in those terms and conditions.
4. Modification of Terms
We reserve the right to modify these Terms at any time in accordance with this provision. If we modify any of these Terms, we will post the revised Terms on the Website and update the “Last updated on” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement, stop accessing and using FOOTBID and/or delete your account. If you do not terminate this Agreement before the date the revised Terms become effective, your continued access to or use of FOOTBID will constitute acceptance of the revised Terms.
5. Intellectual Property
5.1. FOOTBID is a trademark owned by us and protected by intellectual property laws and international treaties. Any unauthorised use of the trademark and respective branding is strictly prohibited without our prior written consent.
5.2. Without prejudice to Clause 9.6, all content found on the Website is owned by us and shall not be reproduced or copied by you without our prior written consent.
5.3. This Agreement does not affect the ownership of any intellectual property rights in any information, data, techniques, technology, know-how, inventions, software, discoveries and materials (regardless of the form or medium in which they are disclosed or stored) which are provided or made available by us to you in the Website. The intellectual property rights in all of them shall remain our property and nothing in this Agreement shall be construed to assign or license to you any intellectual property rights owned by us.
5.4. Images displayed by you on the Website (e.g. profile photos) shall either be your property or to be used with permission. You undertake not to upload, post, reproduce or distribute any images or other information, software or other material protected by copyright or any other intellectual property rights or other legislation without first obtaining the permission of the owner of such rights and our prior written consent.
6. Participation in FOOTBID
6.1.1. By accepting these Terms, you represent and warrant that you meet the following requirements:
- You are at least 18 years old and have the legal capacity and authority to enter into legally binding contracts to access, use and register an account at FOOTBID (otherwise, you must be duly represented by a person who complies with the aforementioned requirements or stop accessing and using FOOTBID).
- You comply with any applicable laws in your local jurisdiction and you are not accessing FOOTBID from jurisdictions where its content or function may be illegal or is otherwise prohibited. You acknowledge that you are aware of the rules of your jurisdiction and will not use FOOTBID if such use is prohibited or otherwise violates the laws of your state, province, country, or other jurisdiction, and that you are solely responsible for determining compliance with all applicable local laws in your jurisdiction.
- You are not located in a country that is subject to an EU, US or UN embargo, or that has been designated by the EU, the US or the UN as a “terrorist supporting” country.
- You are not listed on any list of prohibited, sanctioned or restricted parties.
- You accept that we may make access to and use of FOOTBID, or certain areas or features of FOOTBID, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, strong authentication or a user’s track record.
- When entering any contest or league that awards prizes, you are not an employee, officer or operator of the entity awarding or contributing to the prize, except if it is a private league or contest, nor of another fantasy sports application, website or platform that charges entrance fees or offers monetary or valuable goods prizes.
6.1.2. Our employees may use FOOTBID for the purpose of testing the user experience but may not withdraw prizes (excluding “coins”).Relatives of our employees with whom they share a household are not eligible to participate in contests or leagues that award prizes (excluding “coins”) unless they are private contests or leagues with other employees of ours or household members. Our consultants or promoters may play in contests or leagues without such limitations, but only if (i) their arrangement with us does not permit them to have any access to non-public data or any other data not made available to all users and (ii) they do not receive any other advantages in their use of FOOTBID.
6.1.3. We reserve the right to request proof of fulfilment of any or all the requirements mentioned in Clauses 6.1.1 and 6.1.2 and to conduct further verification checks as to your identity, including age. User verification on the internet is difficult and we do not assume any responsibility for the confirmation of any member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as required and permitted by applicable laws, we may, at our discretion, (i) ask users to provide a form of official identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users, (ii) screen users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a user, obtain reports from public records of criminal convictions or an equivalent version of background checks in your local jurisdiction (if available).
6.1.4. If we determine that you do not meet the eligibility requirements, in addition to any rights that we may have pursuant to the law, we reserve the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or restrict your access to FOOTBID.
6.2.1. In order to participate in FOOTBID, you must register for an account and such an account may have to be verified before you can use all features of FOOTBID. By registering as a user of FOOTBID, you agree to provide true, accurate, up-to-date and complete information about yourself as prompted and maintain and promptly update that information to keep it true, accurate, up-to-date and complete. If you provide any information that is false, inaccurate, not up-to-date or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, not up-to-date or incomplete, we may deny you access to areas requiring registration, or terminate your account, at our sole discretion.
6.2.2. At the time of registration, you must provide, among other information, your true first name, your true last name, your true nationality and a valid email address and define a password to be used in conjunction with your account. You may not use false names or names that promote a commercial venture or that are offensive, in our sole discretion. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You agree to (a) not use the same password for FOOTBID that you use or have used for other websites or services, (b) keep your password confidential and not share it with anyone else, (c) immediately notify us of any unauthorized use of your password or account or any other breach of data or security, and (d) use only your own password to access FOOTBID. We shall not be liable for any loss or damage arising from your failure to comply with this Clause.
6.2.3. You acknowledge and agree that we are authorized to act on instructions received through the use of your email and password, and that we may, but is not obligated to, deny access or block any operation made through use of your email and password without prior notice if we believe your email and password are being used by someone other than you, or for any other reason.
6.2.4. You may establish, maintain, use and control only one account on FOOTBID. Each account on FOOTBID may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on FOOTBID. In the event we determine that you have opened, maintained, used or controlled more than one account, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes associated to all of your accounts or restrict your access to FOOTBID.
6.2.5. You agree that the sole and specific purpose of creating an account on FOOTBID is to participate in fantasy sports leagues and contests on FOOTBID. We shall be entitled to suspend, restrict or terminate your account if we determine that you are accessing and using FOOTBID without the intention of actually using the features of FOOTBID, but rather for other purposes.
6.2.6. No payment or purchase of any item or service is necessary in order to create an account on FOOTBID.
6.3. Disqualification and Cancellation
6.3.1. We reserve the right to cancel contests or leagues, in our sole discretion, without any restrictions.
6.3.2. We, in our sole discretion, may also disqualify you from a contest, league or FOOTBID, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in illegal, improper, unfair, fraudulent or otherwise adverse conduct to the operation of FOOTBID or in any way detrimental to other users or to us, including, but not limited to: taking advantage of technical vulnerabilities for its own or third parties benefit, infringing or circumventing the applicable laws and regulations, engaging in any unlawful behaviour, falsifying personal information, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means, tampering with the administration of FOOTBID or trying to in any way tamper with the code or computer programs associated with FOOTBID, obtaining other users’ information and spamming other users, and abusing FOOTBID features in any way, or otherwise breaching these Terms.
6.3.3. If for any reason FOOTBID is not running as originally planned (e.g., if the website becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in our sole opinion corrupts or affects the administration, security, fairness, integrity or proper conduct of FOOTBID), we reserve the right, in our sole discretion, to disqualify, suspend or delete the account of any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend FOOTBID. If such cancellation, termination, modification or suspension occurs, a notification shall be posted on the Website by us.
7. Rules of FOOTBID Market, Operations, Leagues and Contests
7.1. For more information regarding FOOTBID functioning and rules of the market, operations, leagues and contests, please refer to our FAQs here. All terms, conditions, stipulations, covenants and content contained in our FAQs are hereby incorporated by reference to the same extent and effect as if they were fully set forth herein and made a part of these Terms.
7.2. You shall be bound to all terms, conditions, stipulations, covenants and content contained in our FAQs to the same extent and effect as these Terms, and you undertake to perform, comply with, and abide by each and every term, condition, stipulation, covenant and content contained in our FAQs.
7.3. In the event of an ambiguity or conflict of terms between the content of the FAQs and these Terms, these Terms shall be deemed to amend and take precedence over the FAQs, and to the extent that the Terms or the FAQs are silent, each shall supplement the other.
7.4. The modification of the FAQs is subject to Clause 4 of these Terms.
8. Term and Termination
8.1. The Agreement shall be effective until such time when you or us terminate the Agreement in accordance with this Clause and the remaining Clauses of these Terms.
8.2. You may terminate the Agreement at any time by sending us an email, as long as all your obligations under these Terms have been performed and settled.
8.3. Without prejudice to the remaining Clauses of these Terms, we may, at our sole discretion and convenience, terminate the Agreement and/or suspend or cancel FOOTBID at any time by giving you 15 (fifteen) days' notice via email to your registered email address.
8.5. If pursuant to these Terms your access to or use of FOOTBID has been limited or your account has been suspended or deleted or the Agreement has been terminated by us, you may not register a new account or access and use FOOTBID through the account of another user.
9.1. Some jurisdictions limit the ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
9.2. No members of our team (including employees, contractors, directors, management members and other collaborators) shall have any liability based upon your use of, or reliance upon, FOOTBID.
9.3. For the avoidance of doubt, we are not responsible for any decision you make, or action you take, based on your visit to and use of FOOTBID or the information obtained therein.
9.4. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on FOOTBID.
9.5. We work hard to keep FOOTBID secure. We accept no responsibility whatsoever for viruses, malware or other malicious or damaging software on your devices. Please ensure that your own computer and mobile devices security is comprehensive and up to date.
9.7. We are not responsible for outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of FOOTBID. We may, temporarily and under consideration of the users’ legitimate interests (e.g. by providing prior notice), restrict the availability of FOOTBID or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of FOOTBID. We may improve, enhance and modify FOOTBID and introduce new features or eliminate some of the existing ones from time to time.
9.8. We shall not be liable for any loss, damage, delay or failure of performance resulting from any cause which is beyond our reasonable control, including, but not limited to, Acts of God, any act or failure of any governmental authority, earthquakes, fires, floods, wars, civil or military disturbances, acts of terrorism, sabotage, strikes, epidemics, riots, power failures, computer failure and any such circumstances beyond our reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service, accidents, labour disputes, acts of civil or military authority, governmental actions, or inability to obtain labour, material, equipment or transportation.
9.9. We reserve the right to make changes, corrections, and/or improvements to the Website at any time without notice, including, but not limited, to correct bugs, defects, errors or any other technical or security aspects or to revert situations of fraud, wrongful allocation of “coins”, erroneous or unintended transactions and investments, etc. You accept and consent that we perform such changes, corrections and improvements and acknowledge and accept that these changes, corrections and improvements may have impact in your portfolio of players, your number of “coins” or your transactions and that we are not responsible for any such effects in your portfolio of players, your number of “coins” or your transactions.
10. Data Protection
11. Customer Service
11.1. We welcome your questions and suggestions.
11.2. FOOTBID contains a feedback function that allows users to suggest improvements or to report bugs, errors or any problems that they have been experiencing. This feature is available here.
11.3. A customer service representative will reply to any queries, suggestions or reports in the shortest time possible, but the time of answer will always depend on the issue and the number of requests we are getting from time to time.
11.4. In case you, for any reason, including concerns, problems or disputes using FOOTBID, need to get in contact with us, please use the following e-mail address: [email protected].
11.5. You may find the answer to your questions or concerns in our FAQs here. We recommend you start there whenever you have a question or concern regarding FOOTBID.
12.1. To assist users who speak different languages, the content of the Website may be translated, in whole or in part, into other languages. We cannot guarantee the accuracy or quality of such translations and you are responsible for reviewing and verifying the accuracy of such translations. The English version of these Terms and of any other rules or content found in the Website shall prevail over any translations available in the Website.
12.2. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
12.3. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
13. Applicable Law and Jurisdiction
These Terms, the Agreement and all non-contractual obligations arising from or connected with them shall be governed by, and shall be construed in accordance with, the laws of Portugal and, without prejudice to Clause 11, shall be subject to the jurisdiction of the Courts of Portugal.