Terms and Conditions

By downloading and accessing the Football Information mobile application ("the Application"), you are agreeing to be bound by our terms and conditions that appear below.

Introduction

The Application is owned and operated by Mobile Sports Limited ("Mobile Sports"), in conjunction with its subsidiaries, holding companies, and partners. The Application may also include materials owned by third parties by virtue of a licence, grant or some other form of agreement between the third party and Mobile Sports.

Content

All material on the Application including, without limitation, any text, graphics, logos, photographs, audio or video materials or stills from audiovisual material available on the network (the "Content") belongs to Mobile Sports or its licensors. You may retrieve and display Content on the Application for your personal, non-commercial use only. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Mobile Sports or its licensors:

  • Redistribute any of the Content (including by using it as part of any library, archive or similar service);

  • Remove the copyright or trade mark notice from any copies of Content made under these Terms;

  • Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.

  • Create works or materials that derive from or are based on the materials contained in the Application including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greetings cards and unlicenced merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Mobile Network Charges

Mobile Sports is not responsible for your mobile phone or the mobile network which are provided by your mobile network provider under your separate contracts with them. Your mobile network provider will charge you for the data services you use to access the Application. Mobile Sports is not responsible for these data services which are provided to you by your mobile network provider. Your mobile network provider may also have a fair use policy which will apply to your use of the Application. You should contact your mobile network provider to find out about these charges and any fair use policy before using the Application. Your mobile network provider may also charge you roaming charges if you access the Application outside of the country in which your mobile handset is registered. Mobile Sports may suspend the availability of the Application at any time to update the Application or for any other technical reasons. Mobile Sports is a trademark of Mobile Sports Limited. This trademark together with any other owned by Mobile Sports may not be reproduced, translated, adapted, used or distributed without prior permission.

Disclaimer of Warranties and Liability

While Mobile Sports does its best to ensure the optimum performance of the Application, you agree that you use the Application and rely on Content contained in the Application at your own risk.

NO WARRANTIES

Mobile Sports does not give any warranties in respect of the network, content, software or services used in conjunction with the Application. In particular, the Application is provided on an "as is", "with all faults" and "as available" basis.

To the extent allowed by applicable law, Mobile Sports hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort.

Additionally, Mobile Sports makes no warranty that the Application is free from infection by viruses or anything else that has contaminating or destructive properties.

NO INCIDENTAL OR CONSEQUENTIAL DAMAGES

To the full extent allowed by applicable law, you agree that Mobile Sports will not be liable to you and / or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack or negligence or lack of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Application or its Content or to any breach of the terms by Mobile Sports, even if Mobile Sports has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.

LIMITATION ON DAMAGES; EXCLUSIVE REMEDY

You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the Application up to a limit of the following, at Mobile Sports election:

(1) a refund of the amount you paid to Mobile Sports (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or
(2) correction or replacement of the Application. All limitations will apply to all legal and equitable theories.

IDEMNITY

You agree to indemnify and hold Mobile Sports and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Application, your connection to the Application, your violation of these Terms, or your violation of any rights of another.

Links

The Application contains links to other World Wide Web sites provided by independent third parties ("Third Party sites"). Where possible, Mobile Sports will make clear where such links are being made, though Third Party sites may be co-branded with Mobile Sports and so include Mobile Sports trademark. Mobile Sports is not responsible for the availability or content of Third Party sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party sites. Notwithstanding the provisions of this Section, Mobile Sports liability will not be limited in the case of death or personal injury directly caused by it's negligence.

Changes to the Terms

Due to its policy of updating and improving the Application, Mobile Sports may wish to change these Terms (including those relating to your use of the Content). Mobile Sports reserves the right to modify these Terms without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

Termination

Mobile Sports reserves the right to immediately terminate your use of, or access to, the Application at any time.

Advertising and Sponsorship

Part of the Application may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the network complies with international and national law. Mobile Sports will not be responsible for any error or inaccuracy in advertising material.

Privacy Policy

The information that you provide about yourself to Mobile Sports will only be used by Mobile Sports in accordance with its Privacy Policy Statement. The Privacy Policy Statement does not apply to Third Party sites.

Country of Jurisdiction

These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

For the exclusive benefit of Mobile Sports, Mobile Sports shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

Other

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.

By entering into this agreement, you also agree to be bound by the terms of conditions of Footymad, available at http://www.footymad.net/terms.asp