About Our Terms of Service
1. Welcome to Fake Kit Check website (the “Site”). We offer a platform that allows users to evaluate authenticity of any football kit in their possesion (the “Service”).
2. The Service is operated by FutbolMarkt Ltd, incorporated and registered in England and Wales under company number 12782053 and with registered office at 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom (“we”, “our”, or “us”).
3. This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at firstname.lastname@example.org to discuss what this means for you.
Your Relationship with FutbolMarkt
Site as a Venue
4. You agree that the Site is a venue. As such, we are not responsible or liable for any content (e.g., data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) posted by you, other users, or outside parties on the Site. You use the Site and any other Services at your own risk.
5. FutbolMarkt cannot verify and cannot guarantee the true identity, age, and nationality of a user. We are not responsible or liable for any data, advertising, interaction, products, goods or services available or unavailable from, or through, the Site. We encourage each user to exercise caution and to communicate directly with potential transaction partners through the tools available on the Site.
10. The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the Site, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
11. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of FutbolMarkt’s materials and content, the Service, FutbolMarkt name and/or trademarks, other than as set out in these Terms of Service.
Rules of Acceptable Use
12. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
13. When using the Service you must not:
a. Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
b. Send junk, spam or repetitive messages.
c. Modify, interfere, intercept, disrupt or hack the Service.
d. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
e. Collect any data from the Service other than in accordance with these Terms of Service.
f. Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
g. Mine data, screen scrape or crawl any part of the Service.
h. Disassemble, decompile or reverse engineer any part of the Service.
i. Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of FutbolMarkt.
k. Circumvent any technical measures implemented to protect or provide the Service.
14. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
a. immediate, temporary or permanent withdrawal of your right to use our Service;
b. issuing of a warning to you;
c. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
d. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation, we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
Notice and Takedown Policy
16. Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by post to FutbolMarkt Ltd, 71-75 Shelton Street, London, WC2H 9JQ, UK or by email to email@example.com. Please provide the information described below in the Infringement Notice:
• your name and contact details;
• a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
• a link to or such other means of identifying the problematic content.
17. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
Advertisements on the Service
Limitation of Liability
19. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
20. We are not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
21. You may be able to access third party links/websites/products via the Service. FutbolMarkt is not responsible or liable for any third-party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third-party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
22. We will never be responsible for any loss or damage that is not reasonably foreseeable, and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
23. If FutbolMarkt is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.
Changes to the Service
24. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
25. We may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content (the “Service Elements”). Any changes to the Service could involve Service Elements being deleted or reset.
Changes to the Terms of Service
26. We may revise these Terms of Service from time to time and any changes will take effect after 3 working days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
25. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
26. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
27. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.
28. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
29. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced, then the remainder of the Terms of Service will still apply to our relationship.
30. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
General Provisions and Governing Law
31. English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations FutbolMarkt may have in your country of residence, where FutbolMarkt is not allowed to exclude such as a matter of law.
32. We may assign any of our rights and obligations under these Terms of Service.
33. These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and FutbolMarkt.
34. We will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances FutbolMarkt will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and FutbolMarkt’s other commitments.
35. No third party or (except, where applicable, the permitted assign of FutbolMarkt) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
36. The provisions above listed under the headings, “TERMINATION”, “RULES OF ACCEPTABLE USE”; “GOVERNING LAW AND GENERAL PROVISIONS”, “INFORMATION ABOUT PRIVACY” and “ABOUT OUR TERMS OF SERVICE” shall survive any termination or expiration of this Agreement.
Contact, Feedback and Complaints
37. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at firstname.lastname@example.org with the subject line ‘Terms of Service’.
38. We value hearing from our users and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
Last Updated: January 26, 2021