PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. YOUR ACCESSING, BROWSING OR OTHERWISE USING THIS SITE (INCLUDING ANY PURCHASES OF PRODUCTS OR OTHER TRANSACTIONS USING THE PROTOTYPE SITE) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE IN EFFECT AT THE TIME YOU ACCESS THE SITE (INCLUDING THOSE TERMS OF SERVICE RELATING TO THE PURCHASE OF PRODUCTS). IF YOU DO NOT AGREE WITH ANY OR ALL OF THE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.
Please print out a copy of these Terms of Service (and all other documentation relating to any transactions made using the site) for your records, as SoccerMarkt may, but cannot guarantee, that it will be able to provide you with copies of such documents on your written request.
We do not guarantee that the Site, or any of its content, will always be available or uninterrupted. We may suspend, withdraw, discontinue or change any or all parts of the Site without notice. We will not be liable to you if, for any reason, our Site is unavailable at any time or for any period. We further reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
The headings used herein are inserted for purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms of Service herein.
You expressly agree that these Terms of Service and all ancillary documents be drafted solely in English.
Vous consentez expressément à ce que ces termes d’usage et tous les documents y afférents soient rédigées en anglais seulement.
We offer a platform that allows users to (i) list soccer (football) equipment, apparel and other items for sale by posting photos and other content relating to such items, (ii) browse, search, discuss and purchase such items, (iii) participate in an online community focused on soccer and (iv) and engage in other activity relating to the foregoing.
By using FutbolMarkt, you agree that your listings can be displayed on this and other Platforms and media channels. You may be subject to additional laws or other restrictions in the countries where your listing is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to SoccerMarkt through this site or the Services, are collectively referred to herein as “Content.” The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user:
- Grants to SoccerMarkt a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicensable right to use, copy, reproduce, modify, adapt, translate, distribute, transmit, publish, download, post, lease, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;
- Represents and warrant that:
(a) you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Site;
(b) such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
(c) the usage, publication and posting of such User Generated Content does not violate these Terms of Service and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity;
- Further grants SoccerMarkt the right to pursue before any appropriate forum any person or entity that violates SoccerMarkt’s or your rights under any applicable law in the User Generated Content.
SoccerMarkt has not, and will not, review, monitor or edit the Content for accuracy, authenticity, timeliness, integrity or completeness. SoccerMarkt shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers violating the Terms or to be illegal or otherwise inappropriate for the Services. SoccerMarkt, in its sole and absolute discretion, may preserve Content and may also disclose or otherwise use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of SoccerMarkt, users of the Services or the public.
Without limiting the generality of the foregoing, we advise you that the Services contain features that allow users to send non-public messages to each other and that any messages or other information sent between or among users using such features are considered Content hereunder. While it is not our policy to generally monitor or review user messaging activity, we advise you that we may review, disclose and use the information contained in any such messages for any of the purposes described above.
We may from time to time invite users of Facebook, Instagram or other social network sites to associate photos or other content posted to such sites with customized hashtags that we suggest for the purpose of identifying photos or other content that may be relevant to users of the Services or for our promotional activities. By associating photos or other content with any such hashtag, you agree that such photos and other content will be deemed Content hereunder and subject to these Terms.
In order to maximize the user experience in using the Services, by the way of example, and not as a limitation, you agree that you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- Any content, information or material that is incomplete, false, inaccurate or not your own;
- Any content, information or material that (a) violates or infringes the copyrights, patents, trade-marks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, sexually explicit, violent, derogatory, unlawful, slanderous, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable or could give rise to any civil or criminal liability under Canadian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties;
- Any content, information or material that violates any applicable laws, rules or regulations in Canada or in any other jurisdiction;
- Any content, information or material that advertises or links to other commercial websites;
- Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Insurance No., national identity, passport and/or credit card numbers or other personally identifiable information of any third party;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Any content, information or material that is unrelated to the topic of the forums in which such material is posted;
- Any content, information or material that communicates messages inconsistent with the goodwill of SoccerMarkt or which otherwise violates these Terms of Service; or
- Any content, information or material that, in the sole judgement of SoccerMarkt, is objectionable or which may expose SoccerMarkt, you or other Site users to any harm, prejudice or liability.
To the extent possible under applicable law, SoccerMarkt takes no responsibility and assumes no liability for any User-Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is SoccerMarkt liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms of Service. To the extent permissible by applicable law, SoccerMarkt is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Site. SoccerMarkt has no legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through the Site and makes no claim that it will do so. However, SoccerMarkt reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Site without any prior notice of any type whatsoever and for any reason whatsoever.
The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Services, are the property of SoccerMarkt, its users or its content suppliers, as applicable, and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. SoccerMarkt hereby grants you a limited, nonexclusive, non-transferable personal license to use the Services only for (i) personal or informational purposes and (ii) for the limited commercial purpose of buying and selling items posted to the Services in accordance with these Terms. The term of such license is limited to the period that you maintain a valid user account and otherwise comply with these Terms. You may print and/or download and store portions of the Services for such purposes, so long as you retain all copyright and other proprietary notices contained within the Services. Except as expressly authorized by SoccerMarkt in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or “frame” or “mirror” the Site on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to SoccerMarkt and/or its licensors.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via our contact email address.
The Services may provide links to other websites maintained by third parties. SoccerMarkt exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
SoccerMarkt respects the intellectual property rights of others and requires that the people who use the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through Services in a way that constitutes copyright infringement, you may notify us by providing the Copyright Agent (defined below) with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit SoccerMarkt to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a written counter-notice containing the following information to the above-described designated agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the court for the judicial district in which your address is located, or for any judicial district in which SoccerMarkt may be found and (5) a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that we 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 content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
The communications between you and SoccerMarkt use electronic means, whether you use the Site or send us emails, or whether SoccerMarkt posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SoccerMarkt in an electronic form; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that SoccerMarkt provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in hard-copy writing.
SoccerMarkt may terminate or limit a user’s ability to use the Services in SoccerMarkt’s absolute discretion and for any reason. SoccerMarkt may terminate your use of the Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. SoccerMarkt’s termination of any user’s access to the Services may be effected without notice and, on such termination, SoccerMarkt may immediately bar any further access to the Services. SoccerMarkt shall not be liable to any user or other third party for any termination of that user’s access to the Services. In the event of termination, SoccerMarkt reserves the right to delete, or not delete, a user’s Content at SoccerMarkt’s sole discretion.
Each user shall indemnify, defend and hold SoccerMarkt and its officers, directors, affiliates, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.
SoccerMarkt is not party to, has no involvement or interest in, makes no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold SoccerMarkt and its members, governors, officers, directors, employees and agents harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others.
Should you have a dispute with one or more users, or an outside party, you release SoccerMarkt and its officers, directors, affiliates, employees and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
The Services are only a venue for users to interact with other users to list, discuss, buy and sell items. SoccerMarkt is only providing a service and is not otherwise involved in any transaction between buyers and sellers who use the Services, and SoccerMarkt does not obtain title to any listed or purchased items, nor does it act as a buyer, seller or agent in connection with any such transaction. SoccerMarkt does not control the Content posted to the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content and makes no representation whatsoever with respect to underlying goods posted for sale or sold through the Services. Under no circumstances will SoccerMarkt be liable in any way for any Content, including, but not limited to, liability 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 Content posted, emailed or otherwise transmitted or displayed via the Services or as a result of any transaction conducted by any user in reliance on such Content. Each user, by using the Services, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of the Services and any Content, including any reliance on the accuracy, completeness, timeliness, integrity or usefulness of the Services or any such Content.
FOR ANY TRANSACTION THAT IS INITIATED OR CONDUCTED THROUGH THE SERVICES, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR OTHER REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE RELEVANT ITEM(S). PLEASE USE CAUTION AND COMMON SENSE AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES.
SoccerMarkt does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of SoccerMarkt’s control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and SoccerMarkt shall have no liability whatsoever for such charges, rates or other fees.
For the purposes of this Section, “SoccerMarkt” shall include SoccerMarkt’s directors, officers, employees, agents, and any third-party suppliers or contractors.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS OF SERVICE. THE FOLLOWING EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED HEREIN. SOCCERMARKT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THIS SITE, ITS SUITABILITY FOR USE, OR THAT IT’S USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOCCERMARKT DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS SITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THIS SITE AND ALL PRODUCTS, SERVICES, CONTENT AND INFORMATION PROVIDED OR PURCHASED THROUGH OR ON THIS SITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND SOCCERMARKT DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: i. WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, ii. ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION HEREIN; OR iii. THE MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF SOCCERMARKT OR CONTENT ACCESSED THROUGH SOCCERMARKT (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON SOCCERMARKT AND LINKS IN CONTENT ACCESSED THROUGH SOCCERMARKT).
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SOCCERMARKT WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: ANY LOSS OF DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE CONTENT, MATERIALS OR INFORMATION PROVIDED THROUGH THIS SITE LINKS WITH OTHER WEBSITES OR SOCIAL MEDIA, THE PRODUCTS, SERVICES OR THE TRANSACTIONS CONDUCTED ON OR FROM THIS SITE OR ANY OTHER SOCCERMARKT WEBSITE OR SOCIAL MEDIA, EVEN IF SOCCERMARKT OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATORIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SOCCERMARKT BE LIABLE FOR: DAMAGES OR LOSSES RESULTING FROM VIRUSES INCLUDING COMPUTER OR WEB BASED VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF SAME OR TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, SOCCERMARKT ‘S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY THE YOU, OR ANY OTHER EVENTS BEYOND THE REASONABLE CONTROL OF SOCCERMARKT.
IF, NOTWITHSTANDING THE LIMITATIONS NOTED HEREIN, SOCCERMARKT IS FOUND TO BE LIABLE FOR ANY DAMAGE(S) OR LOSS IN CONNECTION WITH THIS SITE, IN NO CASE SHALL SOCCERMARKT ‘S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THESE TERMS OF SERVICE AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OF SERVICE OR THIS SITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS SITE.
If any one of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, then such terms shall be deemed severable from the remaining Terms of Service and shall not affect the validity and enforceability of any remaining Terms of Service.
SoccerMarkt makes no representation that content, materials, information or Products provided on or through this Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
FutbolMarkt.com is controlled, owned and operated by SoccerMarkt Inc. located in Oakville, Ontario, Canada and the Terms of Service, this Site, any use of this Site and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You acknowledge and agree that any dispute that may arise with SoccerMarkt in respect of these Terms of Service and the transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in the city of Oakville, in the province of Ontario and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts.
SoccerMarkt’s failure to enforce any provision(s) of these Terms of Service or to respond to a breach by you or any third party of these Terms of Service shall not in any way waive the right of SoccerMarkt to subsequently enforce any of the Terms of Service contained herein or to act with respect to other similar or future breaches.
You may not assign your rights or obligations herein without the express written consent of SoccerMarkt.
The provisions above listed under the headings, “TERMINATION”, “LINKS”, “RESPONSIBILITY FOR USE; “EXCLUSION AND DISCLAIMER OF WARRANTIES”; LIMITATIONS OF LIABILITY”, “PRIVACY” and “GENERAL INFORMATION” shall survive any termination or expiration of this Agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site.
Last Updated: March 8, 2020