Footy Market, INC.
TERMS OF SERVICE
Date of Last Revision: January 7, 2017
Footy Market, Inc. ("Footy Market," "we," "us," and/or "our") provides its services (described below) to you through its mobile applications and other software made available by Footy Market ("Software") and its website located at http://www.footymarket.com (the "Site") (collectively, such services, Software and the Site, collectively, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If You do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS OF SERVICE IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY FOOTY MARKET. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND FOOTY MARKET. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU CANNOT USE THE SERVICE.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Footy Market of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Footy Market will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Footy Market reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Footy Market shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Footy Market may establish general practices and limits concerning use of the Service. You agree that Footy Market has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Footy Market reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Footy Market reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Conditions of Use User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by Footy Market. Footy Market reserves the right to investigate and take appropriate legal action against anyone who, in Footy Market's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Transactions Fees; Transactions: Registering for the Service is free; however, Footy Market charges certain fees for various transactions effected through the Service. Our Fee Policy is available at http://www.FootyMarket.com/fee_policy and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to Footy Market (which shipping costs are detailed in the Fee Policy) and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service. All such shipping costs and taxes are not included in the listed price for any items made available from sellers through the Service, but will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all income taxes associated with the purchase and sale of any items through the Service. For clarity, all shipping costs paid will be retained by Footy Market.
Credit Card Transactions: To the extent you as a buyer effect any transactions using a credit card, you must have a valid credit card on file, and we will (or a third party credit card processor may) store your credit card information. Footy Market will verify your credit card information (including expiration date and billing address), but will not charge your credit card unless you conduct an activity through the Service that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card.
Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
The Service is only a Venue and Footy Market is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on Footy Market's marketplace: The Service acts as an open marketplace for users to interact with other users to buy and sell fashion items. Footy Market only provides a service, is not involved in any transaction between buyers and sellers who use the Service, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions. Footy Market is not affiliated with or endorsed by any manufacturer, retailer or brand of the items that users buy or sell on Footy Market's marketplace. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not Footy Market. Footy Market does not control the behavior of users of the Service or the information or other content provided by other users that is made available through the Service. As a result, Footy Market does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, Footy Market does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Footy Market reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Footy Market and its users from illegal or wrongful activities.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.
Item Comment System: User authentication on the Internet is difficult. Footy Market may attempt, but is under no obligation, to independently confirm a user's purported identity. Therefore, we have established an item commenting system to help you evaluate the user with whom you are dealing. We also encourage you to communicate directly with potential buyers or sellers through the features available through the Service.
Listing Restrictions: Footy Market prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including without limitation items listed in our Prohibited Items Policy available at http://www.FootyMarket.com/prohibited_items_policy, which is hereby incorporated by reference into these Terms of Service.
Selling: You must have the legal authority to sell the items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and reasonably completely. If you accept an offer, you shall complete the transaction with the buyer unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. You are also responsible for payment of the commission to Footy Market as set forth in the Fee Policy. An offer to sell may be retracted at any time prior to its acceptance, but not after.
Buying: If you agree to purchase an item through the Service and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller (e.g., with respect to the listing price), unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below.
Shipping: Upon the confirmation of any purchase and sale transaction through the Service and payment of the required amount by the buyer, Footy Market will send to the seller's address indicated in the seller's account information a pre-paid shipping label for seller to ship the purchased item to the buyer. The seller must ship the purchased item to the buyer using the shipping label (and corresponding shipping method) required by Footy Market within 3 days after receipt of such shipping label. If the seller does not ship the purchased item within the required time period, then the seller will be notified that the order will be cancelled unless it is shipped within the time period required in such notice. Upon receipt of confirmation from the buyer that it has satisfactorily received and accepted the purchased item, Footy Market will credit seller's account in an amount equal to the purchase price received from the buyer, minus a commission to be retained by Footy Market, as detailed in the Fee Policy. The buyer must confirm its acceptance within 3 days after receipt of the purchased item; if the buyer does not respond within such time period, the purchased item will be deemed accepted. Any funds credited to seller's account may be redeemed by the seller through a permitted third party payment provider (e.g., by ACH from Footy Market's chosen financial institution) or used by seller to purchase items listed by other sellers through the Service.
Returns: We do not currently allow returns of items, but we do strive to make our customers happy. If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue in the Footy Market Service within 3 days after delivery of the purchased item. Alternatively, you can also email us within 3 days after delivery at support@FootyMarket.com to let us know.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of fashion items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Footy Market, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of Footy Market, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by Footy Market. The Footy Market name and logos are trademarks and service marks of Footy Market (collectively the "Footy Market Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Footy Market. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Footy Market trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Footy Market Trademarks will inure to our exclusive benefit.
Electronic Communications: When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content. Third Party Material: Under no circumstances will Footy Market be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that Footy Market does not pre-screen items or content, but that Footy Market and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, Footy Market and its designees shall have the right to remove any item or content that violates these Terms of Service or is deemed by Footy Market, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.
User Content Posted on the Site: You are solely responsible for the content you post or transmit on or through the Service (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to Footy Market and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Footy Market, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Footy Market are non-confidential and Footy Market shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Footy Market may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Footy Market, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Infringement Policy: Footy Market respects the intellectual property of others, and we ask our users to do the same. Footy Market will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
If a counter-notice is received by the Copyright Agent, Footy Market will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The above information should be sent to Footy Market's Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: support@FootyMarket.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Footy Market, Inc.
Attn: Copyright Agent
1569 Solano Ave, Suite 171
Berkeley, CA 94707
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Footy Market has no control over such sites and resources and Footy Market is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Footy Market 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 use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Footy Market is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Footy Market and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out ofor relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If You are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOOTYARKET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOOTY MARKET MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOOTY MARKET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOOTY MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL FOOTY MARKET'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO FOOTY MARKET AS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM CALIFORNIA, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF CALIFORNIA. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF CALIFORNIA, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
3.The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.