CONTRACT, TERMS AND CONDITIONS OF USE AND OF SERVICES "FUTBOX.COM"
Addresses www.futbox.com and www.futbox.com.br and all domains linked or directed to this site, which are the property of this company "SABER Portal de Informação sobre Futebol na Internet LTDA", fancy name: "FUTBOX", registered in Brazil under the CNPJ 13.392.221/0001-02, a private, legal, company, with limited liability, presents the contract, terms and conditions of use of this website:
ACCEPTANCE OF THE TERMS OF SERVICE
Welcome to the website "Futbox.com".
The "Terms of the Condition of Use and Service" may be updated or modified from time to time by "Futbox.com", in order to adapt it to legislative or jurisprudential changes, or those relative to commercial practices, thus also including any additions or modifications. The User may review the most recent version of the Terms of Service at any time by accessing www.futbox.com/termosecondicoes. By accessing "Futbox.com", users accept without any reservations all items stated on the Legal Notice in the posted version with every use. For this reason, users must read this Legal Notice carefully whenever they have questions about its content, as it may undergo modifications. If you do not agree with any provision of these terms, you should not use the service.
The registration and electronic use of Personal Data by the website "Futbox.com" is intended to establish the contractual link or, if applicable, the management, administration, provision, extension, improvement of Services to the Users and/or contractor; as well as the suitability of the services to the preferences and tastes of the Users and/or contractor; the creation of new services related to these services; the delivery of updates of the services; the delivery, by traditional or electronic means, of technical, operational and commercial information related to the products and services offered on the website (or through it); and, for third parties currently existing or to be created in the future. The aim of Registration and the electronic handling of Personal Data includes, equally, sending research questionnaires to which the user and/or contractor is not obligated to respond.
This means that the user or contractor will obey the legislation and norms; the codes of conduct and other notices supplied; will maintain the confidentiality of its account password; and will notify us upon learning of any security violation related to the service.
Currently, the website "Futbox.com" provides the User with access to a wide variety of online resources, including publicity, release of authorized public or private data and information, means of participation, and others linked to its objective stated in the registered social contract.
New services and/or products, including new releases on the website "Futbox.com", will be automatically included and subject to the Terms of Service.
The User is aware and agrees that the Service is provided "as is", and that the website "Futbox.com" is not liable for deletion, non-delivery, or failure to store any communication from the User or establishment of his/her customization options.
The website "Futbox.com" is not liable for false information provided in the registration as a natural person or corporate entity, or any means connected to the objective of the website.
The User is aware that some tools or resources might not function in some navigators, software or equipment, such as iPads, iPhones, tablets or other instruments. Also, the screen display format of the User’s equipment may not show all the resources or access to all the services. This is not considered a service failure and "Futbox.com" exempts itself from any liability related thereto.
In all areas in which the User may post comments, opinions, participate in chats, conversation, blogs or post content, files, images or texts, s/he promises to maintain respectful language, that is not offensive to other fans, users, employees of "Futbox.com", other sites or any other private person or entity, company, team, club, etc. The User also will not post third-party emails, personal information of third parties, provide names not connected to the topics and discussion, will not use profanity, strong language, insults, incite violence or the consumption of illicit substances or any other illegal act, provoke other fans, make disrespectful jokes, or bully, intimidate, use expressions contrary to morals or good customs, or acts that attack dignity or threaten. The User also must not post private or confidential information about any person or entity, including but not limited to addresses, telephone numbers, email addresses, social security numbers, credit card numbers, and any trade secrets or information to which you have any obligation of confidentiality or material that impersonates any person or entity, or otherwise misrepresents your affiliation with the Service or with any other person or entity. The User must not upload any Virus, corrupted data or other harmful or destructive files, or material that, at the sole discretion of "Futbox.com" is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Service or other parts of the Service, or that might expose "Futbox.com" or its users to damage or liability of any nature. Any User who does this, will have the content removed from the site and may be prohibited from making new posts, including having the account deleted or banned, and be responsible for any liability for any civil or criminal action. The user also is aware of the right of recovery or to judicial process if they should try to shift liability to "Futbox.com".
Although "Futbox.com" has no obligation to select, edit, or monitor any material published or transmitted through the reservation Service, "Futbox.com" has the right and the absolute discretion to remove and edit any material posted, stored, or transmitted on or through the Service at any moment and for any reason without prior notice.
The User may not, in any way, attempt to access the internal database of "Futbox.com", nor attempt to hack, crack, or take offline, modify the internal programming, access the restricted back office area, change the layout formatting or any other type of prohibited access that is not available in the normal login area and by the services made available after such login. The user may be, in case of violation of this paragraph, subject to civil and criminal penalties for any injury, losses and damages, consequential damages, loss of profit, and expense for new programming, corrections, including fees for experts, attorneys and programmers.
In order to use the Service well, the User must obtain access to the "World Wide Web", either directly or through tools that make content existing on the Web available, paying the fees charged by the service provider, if that is the case, and providing all the equipment necessary to effect the connection to the World Wide Web, including computer, modem or other access devices. If the available services or content are directed toward the adult audience, the User must be at least 18 years of age in order to access such areas. The responsibility of this monitoring is of the user’s legal guardians, since it is not possible for the website "Futbox.com" to do so.
The Service is supplied only as and when it is available. The offer of browsing services and access to the data of the website "Futbox.com" is free for the users, as a rule. However, the website "Futbox.com" reserves the right to make available, in the future, some services, products or content on a paid basis, which will be identified and differentiated by means of notices to users. The website "Futbox.com" may charge a fee for the Service or parts thereof, by modifying the Terms of Service which will be identified in the browsing.
Users who post materials and content on or through the Service of "Futbox.com", unless otherwise stated, grant to "Futbox.com" and its subsidiaries and affiliates a non-exclusive, royalty-free, perpetual, irrevocable and totally sub-licensable right to use, to reproduce, to modify, to adapt, to publish, to translate, to create derivative works from, to distribute, to execute and to exhibit this material throughout the entire world by any means of communication, including the name of the User who submitted such material. The user also declares and warrants (assuming total liability) that s/he owns and controls all the rights to the material posted or, otherwise, the right to publish this material to the Service and that the use of the posted material does not violate these Terms, does not violate any rights or cause injury to any person or entity, and does not otherwise create any damage or liability of any type to "Futbox.com" or to any third parties.
The website "Futbox.com" will make the best efforts to ensure that the Service works in the best way possible. However, considering the very nature of the Service, the guarantees furnished by the website "Futbox.com" are limited.
Videos and information which are based on data from other sites may not be available for viewing if the original file is withdrawn from service, creating no liability or failure of service for "Futbox.com". The posting by Users of content and videos which have their databases on other sites is also the full responsibility of the User who posted them and that User assumes the right to post them and will respond civilly and criminally for the content and copyright. In the same way, users who opt to participate in the interactive areas of the site by posting videos, comments, news, photos, or any content, assume the liability for the content, as well as for the ownership and originality, and will respond personally for any consequence arising from the content, including civilly and criminally, and for losses and damages stemming from any inappropriate content or violation of copyright. Users acknowledge that content posted by other Users does not represent the point of view of the website "Futbox.com", nor does it necessarily represent the opinion of any Director, Employee, or partner of the website "Futbox.com".
The User understands and agrees that the website "Futbox.com" provides no assistance, nor any type of technical support, in relation to the Service. Use of the Service will be at the full risk of the User, as the website "Futbox.com" only agreed to provide the free Service, in accordance with the conditions set forth in the Terms of Service.
The links available for searches and any promotions are in accordance with the following rule: the sites shown as results of any search or link by the Search Service of the website "Futbox.com" may be developed by persons who have no relation to the website "Futbox.com". The results of searches that appear in the indexes of the website "Futbox.com" may make reference to links, information and external addresses, whose content and control are not the responsibility of "Futbox.com". A search using the Search Service of the website "Futbox.com" may produce results and links to sites that may be considered by some persons to be disagreeable, inappropriate or offensive. There is no guarantee that a search with the website "Futbox.com" will not lead to undesirable or disagreeable content, and we assume no liability for the content of any site included in any search result or link from the Search Service of the website "Futbox.com".
ADVERTISERS AND BRANDS
The user understands that the illustrations contained in the site, whether they be shields, flags, t-shirts, footwear, clothing in general, balls, or any other, are MERELY ILLUSTRATIVE and informative and representative in nature. None of the illustrations has any connection with the brands contained herein, as they are of a journalistic and illustrative nature. Therefore, none of the commercial brands shown in representative illustrations has any connection with the website "Futbox.com".
The areas for advertisers and banners are totally autonomous in relation to the illustrations and have no connection to any teams or selection represented, much less to the companies which sponsor any such teams or selections.
TOOLS AND FUNCTIONS
The website available to the User at "Futbox.com" will be divided into sectors, tools and functions. According to the browser or the version of the equipment or software of the User, some functions may not work optimally or immediately. The User exempts "Futbox.com" from any liability regarding this functioning.
TOOLS AND FUNCTIONS
The website available to the User at "Futbox.com" will be divided into sectors, tools and functions. According to the browser or the version of the equipment or software used by the User, some functions may not work optimally or instantaneously. The User exempts "Futbox.com" from any liability regarding this functioning.
Efforts will be made to try to keep the clubs and titles updated with the most recent and accurate information possible; however, there is no way that the content will always be updated by all the clubs. "Futbox.com" has no liability for out-of-date or incorrect information, as many times the available sources do not provide complete or precise information. "Futbox.com" is an unbiased portal, and does not support or suggest any type of position regarding teams, clubs or supporters. Suggestions for recognition of previous titles, or suggestions for new shields, anthems, shirts, designs, and of any other type, are merely informative and are not binding to the opinion of "Futbox.com", its employees or subsidiaries; these suggestions also do not reflect any type of incitement or proposal of action on the part of the clubs or teams. Suggestions are merely informative, or for opinion research, or for the integration of football, and "Futbox.com" is not responsible for any discussion or consequence of suggestions which are produced by Users. "Futbox.com" does not encourage the production of suggestions, and only shows design proposals for statistical, informative or opinion research purposes.
The verification of copyrights and design possibilities is the exclusive responsibility of the User who takes such actions in producing the suggestions, there being in no way any liability of "Futbox.com" regarding the conferring of copyrights.
"Futbox.com" assumes no responsibility for the opinions of the writers and opinion-makers, and the fact of being posted on the website does not imply any type of agreement or endorsement, nor does it reflect the opinion of "Futbox.com". The writers and creators of the articles may not be officers or employees of "Futbox.com". In any case, the responsibility and the opinion contained in these articles are exclusively of those who wrote or created them, and not of "Futbox.com".
Maps, shields, publicity, logos, general designs and cups, information about football teams and clubs, may not be the most current, showing differences from the originals or from versions registered or submitted to "Futbox.com". As such, they may not show stars or commemorative editions of titles, dates or events, or mention the slogans or "nicknames" of teams. Thus, any text which might be understood to be a violation of the policies of the website, regardless of any liability for change, may be removed, as this site is only an information portal with no connection to the clubs, companies or opinions of their creators or holders. This does not matter in copyright violations or changes in the credibility of "Futbox.com", as it fulfills the policies of quality and impartiality. "Futbox.com" is committed, however, always to maintain the most current updates possible and to keep an open channel for suggestions, corrections, and improvements of the files.
In the event that some team or club is not related to the correct country, titles or information, or if clicking on your equipment may be difficult due to the layout or the formatting of the website, there is no liability for "Futbox.com", since it attempts to maintain the most updated, correct and functional Service possible, but there is no guarantee of flawless access to all instruments, equipment or software. Designs and illustrations of "Futbox.com" will attempt to be the most faithful possible to events or facts that it attempts to reproduce; however, any colors, details, clothing, numbers and designs may show differences, with no liability to "Futbox.com" regarding such differences, as the attempt is to remain faithful and the website is merely informative. "Futbox.com" recognizes and supports the equality of all human beings as a race, respecting the differences, and fighting with all its abilities against any racism or prejudice. Color of skin, hair, or any other design makes no attempt to point out racial or any other type of differences, and is only to reproduce, in a faithful manner, the facts and photos to which they refer. "Futbox.com" is committed to change and edit, at any time, any illustration that can not reproduce referenced historical facts, in order to achieve the best design. To this end, it maintains an open channel for suggestions at email [email protected] The website "Futbox.com" is authorized to release photos and videos found on the site and, if the photo/file has no information about the holder, the website "Futbox.com" will identify the source from which the file was obtained. "Futbox.com" is committed at all times to inform the holder, should there be any contact made in this sense by any User or partner. The Users who subscribe expressly authorize the release of videos and photos which they post, by means of any form of disclosure used by the website "Futbox.com", being made available online as well as for sending newsletters, creating forums, polls, surveys, trivia and also being made available for other Users to download.
In case there are no official mascots identified in the official pages of the clubs, "Futbox.com" may create designs only to illustrate the mascot, regardless of demonstrating that such a design is the mascot or official design, and the User acknowledges such information and there is no liability to "Futbox.com".
Public supporter information available on the site has no intention for comparison and is simply the reproduction of published indexes and research by the main organs of this sort, in Brazil and in the world. In case there are no data about the supporters of any teams in the same study, data from other studies may be made available, stating that there is no comparison to one study or another made by different indexes or companies. Therefore, any support information is not comparable with other information originating from another index or database, and the User is aware of this. "Futbox.com" is an impartial portal, and does not use databases or studies from indexes that show endorsements or preferences. The indexes made available will be chosen by national preference, internal criteria or by the widest range of the number of clubs or the greatest number of interviewees. Statistical data do not reflect agreement or preference of "Futbox.com" or of its employees or subsidiaries.
"Futbox.com" may create an internal ranking for the evaluation of clubs, qualities of training centers, and various other criteria for internal choice. The choice will be totally impartial and will aim for the best presentation of the reality of the club or of the criteria that "Futbox.com" understands as fair. Such rankings may differ from the official rankings of FIFA or any other available ranking, and the difference is of no importance regarding any disagreement, suggestion or confrontation with these other organs. The official rankings may also be made available, if they are public information.
The form in which the information about the clubs and their achievements is made available is a criterion of internal choice and layout, and does not represent either a hierarchy or a preference on the part of "Futbox.com" regarding the information.
The aim of the site is to make information available about the main football clubs and teams in Brazil and the world. However, while the database of the clubs is not fully completed, it is understood that the term "main" means those clubs which have the greatest number of titles, largest national exposure, greatest number of searches by name, the largest amount of information available in public databases and, even by chance or in the absence of these criteria, other internal criteria which do not imply any preference on the part of "Futbox.com".
PRICES OF THE PAID SERVICES
The price for the use of available paid services, whether for advertising, publicity, promotions by "Futbox.com" or third parties, and any other items linked to the objective of the website "Futbox.com" may be obtained by contacting one of our attendants at telephone XXXX or at the address [email protected]
Methods of payment and policies for receiving payment will be defined for each individual contract. Responsibility for payment is the client’s, since payment must be made in order for the website "Futbox.com" to be made available, and it is self-evident that the User is aware that the content will only be released (available for access through the "World Wide Web") following confirmation of payment, according to the form of payment chosen, which may be rapid or slow in making such confirmation.
Paid service, from the outset of its use, will not be refunded in the case of cancellation, as it involves a package of services.
After publication of the paid content, the User is advised that following the end of the term of availability, the content may be maintained online, automatically, without cost or renewed negotiation of the price.
CANCELLATION OF SERVICE
If there are contracted services, the service contract may be cancelled by "Futbox.com" by deleting all entries, or by account deletion by the User with the "Delete Account" button, made after login. In either case, the User who has outstanding payments or payments in arrears shall pay, under penalty of law, such balances including judicial fees and registration in credit protection databases.
In the case of contracts for advertising or sponsorship, should there exist a possibility of urgent publication on the website for later payment, the balance, including any others that may be contracted, must be paid in full to "Futbox.com" and may even include legal enforcement of the debt, the amount protested and the name of the User or company registered with credit limiting agencies. If urgent release is desired, there may be an emergency fee charged, which will not exceed 5% (five per ccent) of the value of the contract.
REGISTRATION OBLIGATIONS OF THE USER
The obligations found in this clause do not apply to the Search Service of the website "Futbox.com" or to other services that do not require User subscription.
In consideration for the use of the Service, the User agrees to:
- Supply true, exact, current and complete information about him/herself when filling out the specific Registration form for access to the Service;
- Immediately correct and update such Registration information in order to keep it true, exact, current and complete.
If any information supplied by the User should be false, incorrect, out-of-date or incomplete, or if the website "Futbox.com" has sufficient reason to suspect that such information is false, incorrect, out-of-date or incomplete, the website "Futbox.com" will have the right immediately to suspend or cancel, without notification, the account of the User and to refuse any and all use, present or future, of the Service or any part thereof. The website "Futbox.com" has no liability for the consequences stemming from false or incorrect information supplied by third parties at the time of registration, or the information or files made available.
The website "Futbox.com" is concerned with the security and privacy of all Users, especially children or adolescents, who may access the Service. Remember, that the Service aims to attract a wide audience. According to legislation applicable to children and adolescents, it is the responsibility of the parents to determine if any Service and / or Content is appropriate.
In compliance with Brazilian law, the website "Futbox.com" promptly will correct any changes relative to the Personal Data of the User and/or Subscriber. In this regard, the User and/or Subscriber must inform the website "Futbox.com" of any change to the respective data.
The website "Futbox.com" will modify the service to legislative changes or judicial orders for the improvement of the quality of the service.
It is our policy to respond to notices of alleged infringement that comply with the Copyright Law ("Digital Millennium Copyright Act") in an appropriate manner, in accordance with this law and other applicable intellectual property laws, including the removal or blocking of access to the use of the material identified as infringing.
In accordance with the "United States Code 512(c)(2)" ("Digital Millennium Copyright Act of 1998"), our staff are available to clarify any issues related to these topics. You should direct any notices of infractions to: [email protected] or to the address: Rua Professor Arduíno Bolívar, no 312/03, Santo Antônio, Belo Horizonte, Estado de Minas Gerais - Brasil, CEP 30350-140.
This document constitutes an integral part of the Terms of Service, and should be read carefully by all Users before accepting and using the Service.
The website "Futbox.com" has adopted the required legal levels of security for the protection of data and attempts to install all additional means and measures to prevent the loss, misuse, alteration, unauthorized access or illegal theft of the Personal Data collected. Nevertheless, the User and/or Subscriber must be aware that security measures relative to the Internet are not entirely infallible.
The website "Futbox.com" disclaims any and all liability or responsibility for the accuracy, content, completeness, legality, reliability, operability or availability of information or material shown in the results of the Search Service of the website "Futbox.com", and also disclaims all liability for any damage resulting from the "download" or the access to any information or material on the Internet through the Search Service. If registration is made by companies or Users, and they provide any information or files, the full and complete liability is theirs alone, including liability for any offensive language, vulgarities, profanity, insults of any type shown in the blogs, conversations, chats, etc. "Futbox.com" has no liability for any such acts or consequences arising therefrom. This is fully the liability of the Users who make the posts, including any eventual judicial processes for slander, libel or injury, removing any liability from "Futbox.com". Further, if anyone is directed to "Futbox.com", they will also have the right to recovery and to bring suit against those who posted, without prejudice as to losses and damages.
Service interruptions, Internet failures, equipment or computer failures, telecommunications equipment failures, other equipment failures, losses of electric power, strikes, labor disputes, riots, civil disturbances, labor or materials shortages, fires, floods, storms, explosions, acts of God, war, governmental actions, court orders or domestic decrees, or any difficulty in accessing, Force majeure or unforeseeable circumstances, are excluded from the liability of the website "Futbox.com".
The Service and all information, data and other content and material available through the service, including, without limitation, the logo of "Futbox.com" and all designs, texts, documents, graphics, software, videos, sound files, other files and the selection and organization thereof (collectively, the "Content"), are the property of "Futbox.com" and their suppliers and licensors, and are protected by national and international copyright laws. Except when expressly stated in the present Agreement, or as may be expressly permitted under applicable law, you will not nor will you permit or authorize third-parties, to: (a) reproduce, modify, translate, improve, decompile, disassemble, reverse engineer, or create derivative products from the Service; (b) rent, lease, sublicense or access the service; nor (c) circumvent or deactivate the security or technological resources or measures of the Service; (d) access, monitor or copy any content or information on the service by using any type of robot, spider, scraper or other automated means, or any manual process for any purpose, without our express permission or in writing; (e) violate the restrictions of any robot exclusion headers of the Service, ignore of circumvent other means used to prevent or limit access to the Service; (f) take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure, or use devices that will overload our servers in order to remove this Service from the Internet or impose any negative consequence; (g) create "frames" or "mirrors", or incorporate any part of the Service into any other website without our prior, written authorization; or (h) intentionally or unintentionally violate any applicable local, state, national or international law.
Neither "Futbox.com" nor its suppliers or licensors will be liable for any indirect, special, consequential or punitive damages, including but not limited to damages for loss of profits, emerging damages, usage, data or other intangible losses stemming from or related to the access or use, or the inability to access or use the service or any content. Under laws in which liability is limited, any losses or damages resulting from any complaints, claims or actions arising from or relating to this Contract will not exceed the limit of 250 (two hundred and fifty) dollars. The User acknowledges and agrees that this limit is an essential element of this contact and that "Futbox.com" would not sign this contract without this limitation to its liability.
REQUEST FOR REMOVAL OF LINKS OR AVAILABLE INFORMATION
Requests to unsubscribe from links or User information may be made using the "Contact" link. If any User finds any infringement of our norms in the links, information or promotions, the User should contact the team at the email [email protected] which, following investigation and verification, will be excluded.
USER ACCOUNT, PASSWORD AND SECURITY
At the end of the process of registering the account, the User must choose a password and identification, and will be fully responsible for maintaining the confidentiality of this password and identification, as well as for all activities that occur under this password and/or identification. The User agrees to:
- Notify the website "Futbox.com" immediately about any unauthorized use of his/her password or account, or any other breach of security of which s/he is aware;
- Close out the User account at the end of every session and ensure that this will not be accessed by unauthorized third parties. The website "Futbox.com" will not be liable for any loss or damage arising from the failure on the part of the User to comply with this clause.
The User acknowledges and agrees that any information, data, text, software, music, sound, photograph, graphic, video, message, or any other material, whether it is posted publicly or transmitted privately through the Service, will be the total liability of the person or corporate entity who originally created the content or the holder of the copyright thereto.
This means that every User/company, and never the website "Futbox.com", is fully liable for any and all Content transmitted to a server, shown, sent by email or otherwise made available through the Service. The website "Futbox.com" has no way of controlling all the Content made available through the Service and, consequently, does not guarantee the accuracy, integrity or quality of such Content. By using the Service, the User acknowledges and agrees that s/he may be exposed to offensive, immoral or objectionable Content, but that such content is in violation of these terms and the User must notify "Futbox.com" immediately. In no way will the website "Futbox.com" be liable for any Content, including but not limited to, any error or omission of any Content or of any loss or damage of any type resulting from the use of any Content that is exhibited, sent, transmitted or made available in any form through the Service.
Some terms and prohibitions are repeated, and augmented, here. It is FORBIDDEN for the User to use the Service for:
- transmitting, exhibiting, sending or otherwise making available any Content that is illegal, including but not limited to, that which is offensive to the honor, invades the privacy of, or is threatening to third parties; that is vulgar, obscene, prejudicial, racist or in any other form objectionable, through the Service;
- violating the rights of children and adolescents;
- assuming the "personality" of another person or entity, including but not limited to, a representive of the website "Futbox.com", leader of a discussion forum, guide or host, or even declaring or representing oneself falsely as a member of any organization;
- forging letterheads or any other form of manipulating identifiers, in order to disguise the origin of any content transmitted through the service;
- making available, revealing, sending, transmiting or otherwise making available any content to which s/he does not have the right to do so in accordance with the law, under contract, or by confidential relationship;
- making available, revealing, sending, transmitting or otherwise making available any content that violates any patent, trademark, trade secret, copyright, or any other right of a third-party;
- making available, revealing, sending, transmitting or otherwise making available any type of unsolicited or unauthorized advertising or promotional material, such as unsolicited messages ("junk mail" or "spam"), chain letters, pyramid schemes or any other form of solicitation, except in the areas so designated for such purposes, such as shopping rooms;
- making available, revealing, sending, transmitting or otherwise making available any content containing virus or other code, file or computer program designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
- interrupting the normal flow of dialogue, interfering with the use and enjoyment of the Service by other Users, or in any other way affecting the ability of other Users to conduct communication or exchange messages in real time;
- interfering or interrupting the Service, the networks or the servers connected to the Service, obtaining or trying to obtain unauthorized access to other computer systems or networks connected to the Service, or disobeying any rule, procedure, policy or regulation of networks of systems connected to the Service;
- violating, whether intentionally or not, any local, state, national or international legal norm that is integrated into the Brazilian system;
- secretly stalking or in any way harassing third parties;
- obtaining or storing personal data about other Users, including but not limited to, financial information;
- the User acknowledges that the website "Futbox.com" does not pre-select the Content that will be made available through the Service, but the website "Futbox.com" or its representatives reserve the right (without obligation), at its own discretion, to reject or modify the appropriate category used to make any Content available through the Service.
Without limiting the foregoing, the website "Futbox.com" and its designees will have the right to withdraw from the Service any Content that violates the Terms of Service or that is otherwise objectionable for any reason, without notice and without liability, including paid services. The User agrees that s/he must pre-evaluate and assume all risks resulting from the use of any Content, including trusting that any Content be correct, complete, or useful. It is the responsibility of the User to decide if s/he will or will not trust any Content made available by the website "Futbox.com" or submitted to the website "Futbox.com", including but not limited to, information made available on the website "Futbox.com" or in any other part of the Service.
The User acknowledges that the technical processing and the transmissions through the Service, including the User’s own Content, may involve: transmissions through several connecting networks and modifications to conform or adapt to the technical demands of connecting networks or devices.
In this way, the User hereby expressly authorizes such technical processing of transmissions, as necessary, in order to comply with applicable legal norms, or of the Country in which the User resides.
The User agrees to defend and indemnify "Futbox.com", its subsidiaries and affiliates, and its respective counselors, directors, agents, employees, licensors and suppliers against any costs, damages, expenses and liabilities (including but not limited to reasonable fees of attorneys) arising from or related to violation of these Terms, or his/her violation of any rights of other persons.
"Futbox.com" may create promotions for the participation of the Users, or may even release the promotions of third parties. In the case of promotions of third parties, "Futbox.com" has no liability for any consequence arising from the promotion, as such liability is fully that of the creator and party responsible for it, including civilly and criminally, and under the legal requirements for the validity and content of its links. Any contact, liability or investigation should be made directly with the creator or sponsor of the promotion, which will be fully responsible. "Futbox.com" will have the right to return and bring legal suit against any attempt to involve "Futbox.com" in these promotions or in the consequences of participation. In the case of promotions of "Futbox.com", having the same as the sponsor or creator, the liabilities of "Futbox.com" will be described in its rules.
The User agrees to indemnify and hold harmless the website "Futbox.com" and its headquarters, subsidiaries, affiliates, directors and employees, partners and clients that display their brands in connection with the website "Futbox.com", from any losses and damages that may be sued, including court costs and lawyers’ fees by reason of the Content submitted by the User, shown, transmitted or made available on the Service by the User, the use of the Service by the User, the connection to the Service, the violation of the Terms of Service or the violation of any Right.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any part of the Service, its use or access.
In the paid services, the User may recover from the website "Futbox.com", in specific cases, only the direct damages up to any value equal to the fee/paid contracted service. It is not possible to recover any other damages, including consequential, loss of profit, special, indirect, incidental or punitive.
Thus, since the company is only an information portal as a general rule and does not produce information (the Content eventually produced by "Futbox.com" will be identified on the site). Therefore, the contracted services are only to make such information available, which should be fulfilled satisfactorily. This limitation applies to everything related: to the service; to the content (including the code) of the sites; programs or conduct of others; to viruses or other disabling resources which affect access to or use of the Service; to the incompatibility among the service and other services, software and hardware; to delays or failures that may arise in starting, conducting or concluding any transmissions or transaction relative to the service in an accurate and timely manner; and, to complaints for breach of contract, breach of guarantee or condition, strict liability, negligence or other damage.
This limitation also applies even if: this feature does not compensate losses in full, or fails to fulfill its essential purpose.
GENERAL PRACTICES REGARDING USE AND STORAGE
The User acknowledges that the website "Futbox.com" may establish, at its sole discretion, general practices and limits concerning the use of the Service, including but not limited to:
- the maximum number of days that an announcement or advertisement may be made available, and the rules to be followed;
- the values to be charged and the forms of payment;
- the maximum number of accesses, depending on the announcement, promotion or specific internal rules;
- the maximum size of any content made available or posted;
- the maximum disk-space available to the User on the server of the website "Futbox.com";
- The maximum number of times the User may access or alter the registration on the Service in any given period.
The User agrees that the website "Futbox.com" has no liability or obligation for the deletion or failure to store messages and other communications or Content maintained or transmitted through the Service. The User also waives any right of complaint regarding content (posted by him/her or content of a general nature) that might be removed due to internal policy. The User also agrees that the website "Futbox.com" has the right to de-activate an inactive account, including all the content, after a reasonable period of time. The User acknowledges that the website "Futbox.com" may modify these general practices and limits at any time, at its sole discretion, with or without notice.
We provide the service "as is", "with all faults" and "as available". We do not guarantee the precision or the timeliness of the information available through the service.
INTERPRETATION OF THE CONTRACT
The contract should be interpreted broadly, that is, all clauses in this contract are applicable to the maximum extent permitted by law. A court may decide that we may not enforce a portion of this contract as written, and it may be adjusted by the website "Futbox.com". This is the entire contract between us and you (every type of User) in relation to the use of the service. It supersedes any previous contract or declaration that refers to the use of the service, including information given via telephone or email by attendants.
MODIFICATIONS TO THE SERVICE
The website "Futbox.com" reserves the right, at any time, to modify or discontinue either temporarily or permanently, the Service or any part thereof, with or without notice. The User agrees that the website "Futbox.com" is not able to forward to the User or to any third parties any modification, suspension or discontinuation of the Service.
The User agrees that the termination of his/her access to the Service, for any reason found in this Terms of Service, may occur without prior notice and acknowledges that the website "Futbox.com" may deactivate or erase the account and all information and data found in the account and/or block access to such archives or to the Service.
NEGOTIATIONS WITH ADVERTISERS
Correspondence, negotiation or participation of the User in the advertising and promotions of advertisers found on or released through "Futbox.com", including payment or delivery of goods and services, conditions, guarantees and representations associated with such business, occur exclusively between the User and the advertiser. The User agrees that the website "Futbox.com" has no liability for any loss and damage of any type incurred as a result of such business or as a result of the presence of the advertiser on "Futbox.com".
Liabilities for awards are exclusively of whomever offers them, and not of the website "Futbox.com", which is exclusively a site for information/dissemination.
LINKS AND CONNECTIONS
The Service or third parties may provide "links" to other sites on the World Wide Web, or to other resources.
As the website "Futbox.com" has no control over such external sites or resources, the User acknowledges and agrees that "Futbox.com" is not liable for the availability thereof and does not endorse or accept liability for any Content, advertising, products, services or other materials contained in or made available through such sites or resources. The User expressly acknowledges that "Futbox.com" will have no liability, directly or indirectly, for any losses or damages that are actually or allegedly caused by, or in connection with, reliance on such Content, goods or services available on or through such sites or resources.
INTELLECTUAL PROPERTY RIGHTS OF "FUTBOX.COM" AND OTHERS
The User acknowledges and agrees that the Service, as well as any software necessary used in connection with the Service ("Software"), contains confidential information in accordance with the Law on Protection of Intellectual Property of Computer Programs, and related norms.
The User acknowledges and agrees that the Content included in sponsor advertising or information presented to the User through the Service or sponsors is protected by copyrights, trademarks, patents or other intellectual property rights and any other applicable legislation. Unless expressly authorized by "Futbox.com", sponsors or by the holders of the copyrights, the User agrees not to modify, rent, sell, distribute or create works derived from the Service or the Software, in whole or in part. As the objective of the website is information, and not the exploitation of images, no value may be required of "Futbox.com" for making the registered logo of any football companies, teams, or clubs available online. This is treated in the same way as a newspaper that provides information about a particular company, without exploiting such imagery. The objective is strictly information.
Some warranty terms are repeated, and augmented, here. The User expressly agrees and is aware that:
- The Service is used at the sole risk of the User. The Service is supplied to the User in the manner in which it is available. "Futbox.com", by reason of the prohibitions listed above for the User, does not offer warranties other than those set forth in these Terms of Service. "Futbox.com" reserves the right not to offer assistance or technical support to Users of the service and software.
- "Futbox.com" cannot guarantee that: certain available services will meet the needs of the User; that the Service will be provided without interruption, in a timely way, secure or free from errors; that the results obtained by using the Service will be precise or reliable; that the quality of any product, service, information or other material acquired or obtained by the User through the Service will meet Users’ expectations; that any errors will be corrected.
- Receipt of any material by means of download or any other form, during the use of the Service, is done at the sole risk of the User and at his/her free discretion, and the User is fully responsible for any damage caused to the personal computer system or for the loss of data resulting from the download or by any other means of access to such materials.
LIMITATION OF LIABILITY
As explained above, and repeated here, "Futbox.com" again addresses the issue of liability and reiterates that it will have no liability, whether contractual or extra-contractual, for any real or moral damages, including but not limited to, damages for loss of profits, loss of good will or of information, or other intangible losses resulting from the: use or inability to use the Service; cost of acquiring other goods or services arising from the purchase of goods, information and data by or through the service or messages received or transactions made by or through the Service; language or postings of Users; unauthorized access to transmissions or information of the User, as well as alterations thereof; guidelines or the conduct of others on the Service; by reason of Force majeure or unforeseeable circumstances and acts performed by the User him/herself.
EMAILS AND COMMUNICATIONS REQUESTED BY THE USER
If the User intends to create or share any service, receive or request any news, messages, alerts, or other information from the Service concerning companies, promotions or opportunities, it is stressed that this type of information is the responsibility of the User.
Any notice to the User should be made through email or conventional mail. The Service may also provide notices about modifications to the Terms of Service or any other information by means of showing the notices or links on the Service to the User.
"FUTBOX.COM" TRADEMARK INFORMATION
Trademarks for "Futbox.com", its logo, the slogan XXXXXXXX and the product and service brands on the site, as well as other logos and names of products and services of the website "Futbox.com" are registered.
The User agrees not to reproduce or use in any way, nor edit the trademarks "Futbox.com" without prior and expressed authorization from the website "Futbox.com".
COPYRIGHTS AND THE COPYRIGHT AGENT
Some terms regarding copyright are repeated and augmented in these terms. The website "Futbox.com" respects the intellectual property rights of others, and requests that its Users do the same. If the User or others believe that their works were copied in a way that constitutes copyright violation, the User or others should provide the following information to the Copyright Agent of "Futbox.com": the normal or electronic signature of the person authorized to act on behalf of the copyright owner; description of the work protected by copyright that the User or others understand to have been infringed; description of the area of the site where the material is found, that the User or others allege to be infringing the copyright; address, telephone number and email address of the User or others; data regarding who is providing the communication, for the purpose of returns and remedies; declaration of the User or of others, stating the belief in good faith that the disputed use was not authorized by the copyright owner, his/her representative or under law; declaration of the User, under penalty of law, indicating that the information contained in the notification of infraction is true and that the User is the copyright owner or is authorized to act in defense of such rights.
The Copyright Agent of "Futbox.com" who will receive notification of infringement may be contacted at the address: [email protected]
The Terms of Service constitute the entire agreement between the User and "Futbox.com" and will govern the use of the Service by the User, superseding any previous agreement between the User and "Futbox.com". The User may also be subject to additional terms and conditions when using the Service from the site "Futbox.com", with the business address cited above at the beginning of this instrument.
The Terms of Service and the relationship between the User and "Futbox.com" will be governed by the laws of the Federative Republic of Brazil, without consideration of any provision regarding conflict of laws. The User and "Futbox.com" agree to submit to the sole and exclusive jurisdiction of the courts located in Brazil.
If any provision of the Terms of Service is deemed invalid by a court of appropriate jurisdiction, the parties nevertheless agree that the remainder of the Terms of Service will be interpreted in such a way as to reflect the original intention of the parties, and the other provisions of the Terms of Service will remain in full force and effect. The User agrees that, despite any provision or law to the contrary, any claim or cause of demand arising from or related to the use of the Service or the Terms of Service should remain on file for one (1) year after such complaint or cause of demand.
The party agrees that the Forum selected for the discussion of any issue with the website "Futbox.com" should be solely and exclusively that of Belo Horizonte in Minas Gerais, Brazil, regardless of the party attempting to prove a diminished financial situation or trying to cancel this clause, renouncing any other, no matter how privileged it may be.
Any and every third party who intends to access the information of Users of "Futbox.com" located under the electronic addresses www.futbox.com and www.futbox.com.br must obtain a court order from a Judge of Jurisdiction. Such titles and expressions do not alter the nature of the Terms of Service and have no legal or contractual effects.
The User has the right to access and correct personal Registration Information. The User may obtain such access electronically.
Please report any violation of the Terms of Service to the User Service group of "Futbox.com" by sending an email to [email protected]