The following terms shall have the following meaning:
“Applications” are any kind of software for any kind of device (computer, mobile phone, etc.) made available by Footballerista, which allows to run a certain content, especially including Footballerista application.
“Content” is anything the User or other Users post, provide or share using the Website and actions taken by Users and non-Users who interact with the Website or Applications.
“Data” or “User Data” or “User’s Data” are any data, including a User’s Content or Information that the User or third parties can retrieve from the Website or Applications or provide to the Website or Applications through the Platform.
“Information” means facts and other information about the User, including the User’s name and other personal information.
“Platform” is a set of application programming interfaces and services which enables others, including Application developers and website operators, to retrieve Data from the Website or Applications or provide Data to Footballerista.
“Use” is use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Content and Information contained on the Website or Applications.
“User” is any person who uses the Website or Applications.
“Website” means the features and services made available, including through (a) the websites at www.footballerista.ch and any other
The User confirms that he owns all of the Content and Information she/he posts on theWebsite or Applications. In addition, the User agrees to the following terms:
– For Content that is covered by intellectual property rights, like photos (IP content), the User specifically gives Footballerista the following authorization: The User grants Footballerista a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such Content that the User posts on the Website or Applications;
– When the User deletesContent, it is deleted in a manner similar to emptying the recycle bin on a computer. However, the User understands that removed content may persist in backup copies for a reasonable period of time (but will not be available to others);
– The User acknowledges that Content which is uploaded to the Website or Applications can also be viewed by Non-Users; and
– The User acknowledges that the rights on the art work contained on the Website or Applications belong to Footballerista.
Footballerista respects other people’s rights, and expects the User to do the same. The following rules of conduct apply with regard to Data which is posted or otherwise made available on the Website or Applications:
– The User shall not post Content or take any action on the Website or Applications that infringes or violates third parties rights or otherwise violates the law;
– The User is explicitly, but not exclusively, obliged to respect the copyrights and other similar rights of third parties (e.g. rights regarding ones own pictures).Footballerista reserves its right to immediately remove Content upon receipt of a complaint;
– The User shall not submit sensitive Information about Footballerista on the Website or Applications;
– The User shall respect the comments of other Users and third parties;
– The User is obliged not to:
The User agrees that Footballerista is not responsible for, and does not endorse, Content posted on the Website or Applications and Footballerista does not have any obligation to prescreen, monitor, edit, or remove any Content.
If Users share information from other websites or sources it does not mean that Footballerista endorses those websites or sources.
The User is responsible for any activity that occurs through his/her account and she/he also represents that all Information she/he provides or provided to the Website or Applications upon registration and at all other times will be true, accurate, current and complete and the User agrees to update his/her Information as necessary to maintain its truth and accuracy.
By accessing or using the Website or Applications the User represents and warrants that his/her activities are lawful in every jurisdiction where she/he accesses or Uses the Website or Applications.
The Website and Applications, including, without limitation, the Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Footballerista, nor any of their employees, managers, officers or agents make any representations or warranties or endorsements of any kind whatsoever, whether express or implied.
Under no circumstances shall Footballerista be liable to the User for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Website or Applications; (b) the Content; (c) Data contained on the Website or Applications; (d) the User’s Use of, inability to Use, or the performance of the Website orApplications; (e) any action taken in connection with an investigation by Footballerista or law enforcement authorities regarding the User or any other party’s Use of the Website or Applications; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Website’s or Applications’ operation; or (h) any damage to any User’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of Data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if Footballerista has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Website or Applications). In no event shall Footballerista be liable to the User or anyone else for loss, damage or injury, including, without limitation, death or personal injury.
Footballerista shall not be responsible for the actions, Content, Information, or Data of third parties, and the User releases Footballerista and Footballerista’s directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim the User may have against any such third parties.
In any way the liability of Footballerista shall be limited to the extent permitted by law for any claim.
10.1 Footballerista reserves the right to modify or terminate the Website, Applications or the Users access to the Website, or Applications for any reason, without notice, at any time, and without liability to the User.
10.3 Except as otherwise described herein, as between the User and Footballerista, any Content shall be non-confidential and non-proprietary and Footballerista shall not be liable for any Use or disclosure of Content. None of the User’sContent shall be subject to any obligation of confidence on the part of Footballerista, and Footballerista shall not be liable for any Use or disclosure of any Content the User provides.
This document was last modified in November 2020.