footballsurvivor.co.uk is operated by Football Survivor Limited (“FSL”) (company number 10085655), a company incorporated in England and Wales whose registered office is at 18-21 Corsham Street, London, England N1 6DR. Any reference to “we” “our” “us” in these terms is a reference to FSL.
These terms and conditions govern all use and access made by any person in respect of the FSL products and services offered by FSL via the FSL website located at the principal URL link footballsurvivor.co.uk and any device specific version of such website as owned and operated by FSL (the “Website”).
Any reference to “You” means the person accessing the Website either as a registered account holder (“Registered User”) or as an unregistered user (“Visitor”).
Please ensure that You have read and understood the Terms carefully. If You do not accept the Terms then do NOT click [“Join Now” (or similar)] and do not access or otherwise use the Website. If You are uncertain about any provision within these Terms then please contact us.
FSL may need to change the Terms from time to time for a number of reasons (including to comply with applicable laws and regulations and/or its regulatory requirements). Any minor or insubstantial change may be made at any time. You are advised to review the Terms on a regular basis. Any and all major changes will be notified to Registered Users in advance of such change taking effect. If any change is unacceptable to You then You should cease using the Website and/or close Your account. If You continue to use the Website after the date on which any change to the Terms comes into effect then You will be deemed to have accepted the change. You are subject to the Terms in force at the time that You use the Website. The most up to date set of Terms will be available on the Website.
By opening an account with FSL, You warrant that You:
FSL reserves the right to ask for proof of age from You and to carry out checks at any time to verify the information provided by You. If we are unable to verify Your age then we may prevent Your access to sections or to the entire Website. In addition, Your account may be suspended or cancelled until FSL is satisfied that it has verified Your information.
All information supplied by You when registering with the Website MUST be accurate and complete in all respects. If You fail to provide accurate and complete information then FSL reserves the right to either not create an account for You or suspend the account. If an account is suspended then You should contact us immediately.
You are only entitled to open one account. If FSL identifies or has reason to suspect that the same person is operating more than one account then it reserves to the right to close any additional accounts.
You are advised to keep Your account number, user name and password confidential and to not disclose such information to any third party. If You lose (or forget) Your username and/or password, or if You believe that a third party is aware of them, then You should contact us immediately so that new security details can be allocated to You. These new details will be sent to You via email.
If another person accesses Your account then You are solely responsible for all of their actions, whether or not their access was authorised by You, and You hereby indemnify FSL against all costs, claims, expenses and damages arising in connection with the use of or access to Your account by any third party.
You may close Your account at any time. Please contact us to indicate Your wish to close Your account.
FSL reserves the right to close Your account at any time for any reason, without liability. Any account that is not used for a period of twelve consecutive calendar months shall be deemed to be inactive (an “Inactive Account”). FSL reserves the right to terminate any Inactive Account at any time without notice to You.
Upon termination of Your account, You agree and acknowledge that Your rights to use the Website shall immediately terminate and You will remove any software provided to You or downloaded by You from the Website.
FSL will comply with applicable data protection laws (including, in the UK, the Data Protection Act 1998) in respect of the personal information You have provided.
It is Your responsibility to ensure that Your personal account details and personal information is kept up to date. FSL reserves the right to suspend or terminate Your account if the information provided, which includes any username and Your security questions, is deemed by FSL to be offensive or inappropriate.
You agree that FSL is entitled to share any information held about You, which includes Your personal data, with any regulator, sporting bodies and other bodies, including the police, in order for FSL or such bodies to investigate fraud, money laundering or sports integrity issues and/or to enable FSL to comply with any applicable regulatory duties.
If FSL wishes to contact You then it may do so using any of the personal details as provided by You, including by email to the specified email address registered to Your account.
Rules for Football Survivor can be found here.
All design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, the software compilations, underlying source code, software and all other material contained in and forming any part of the Website including all intellectual property rights in the name "Football Survivor", and "Football Survivor" logos, designs, trademarks and other distinctive brand features of FSL are subject to copyright and other proprietary rights which are either owned by FSL or used by FSL under licence from third party rights owners. Football Survivor is a registered trade mark of FSL (Number UK00003173420).
Under no circumstances shall the use of the Website grant to You any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by FSL or by any third party.
You acknowledge and agree that the material and content contained within the Website is made available for Your personal and non-commercial use only. Any other use made by You (including any distribution) of any material and content contained in the Website is strictly prohibited.
Subject to these Terms, and to the extent that any material comprised within the Website may be downloaded or printed, only one copy of any material may be downloaded to a single device only (and hard copy portions may be printed) solely for Your own personal and non-commercial use on an entertainment basis only.
Without FSL’s prior written consent, You must not, nor must You allow any other person to, copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with the Website, in whole or in part, including any copyright, patent, trade mark or other proprietary rights notices affixed to the Website, any proprietary software comprising the Website and/or any software made available for download.
FSL will use reasonable efforts to provide the Website using acceptable standards of skill and care. The Website is provided on an "AS IS" basis, without any warranty of any kind including without limitation, any implied warranty of merchantability or fitness for a particular purpose. FSL does not warrant results of use, that the Website is bug or error free or will be protected against viruses or any network intrusion or security breach, that the Website will function at all times, that the Website will not have or make errors, or that its use will be uninterrupted. FSL and its licensors expressly disclaim all warranties, whether express, implied or statutory, including, but not limited to, the implied warranties of non-infringement, merchantability, merchantable quality, effectiveness, completeness, accuracy, and fitness for a particular purpose.
The material and content contained within the Website is not intended to amount to advice or recommendations and is provided for information purposes only. Material and content contained within the Website should not be relied upon when making Your choices; all choices are made at Your own risk and discretion.
Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website. FSL does not accept any liability for any failures or issues that arise due to Your equipment, internet connection or internet or telecommunication service provider.
You agree that Your use of the Website is at Your sole risk.
FSL shall not be liable in contract, tort (including negligence), breach of statutory duty or otherwise for any loss or damage whatsoever arising from or in any way connected with Your use of the Website including without limitation: (i) (whether arising directly or indirectly) any loss of profits, business, revenue, opportunity, data, goodwill or reputation; or (2) any special, indirect or consequential losses, even if such losses are foreseeable or if we have been notified by You of the possibility of such losses.
Nothing in these Terms shall limit: (1) FSL’s liability where such exclusion or limitation is precluded by applicable law including liability in respect of (a) death or personal injury resulting from FSL’s negligence or (b) fraud.
You agree fully to indemnify, defend and hold FSL, and FSL’s officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach by You of any of these Terms or any other applicable rules or otherwise arising out of Your use of the Website or any use by any other person accessing the Website using Your user identification and password.
FSL reserves the right to seek criminal and contractual sanctions against You if You are involved in collusion, cheating, fraud, dishonest or criminal acts (“Prohibited Activities”) and will make such reports as necessary to the authorities.
You agree that You shall not participate in or be connected with any form of any Prohibited Activities in connection with Your access to and use of the Website.
You shall indemnify and shall be liable to pay FSL, on demand, all costs, charges or losses sustained or incurred by FSL (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from Your Prohibited Activities.
If You suspect that a person is engaged in any Prohibited Activities then You shall report it to us immediately.
These Terms (and any document referred to in them) and any guidelines or rules posted on the Website (the “Agreement”) constitutes the entire agreement and understanding between You and FSL and supersedes any previous agreement between You and FSL relating to its subject matter. You confirm that You have not entered into this Agreement on the basis of any representation that is not expressly incorporated in this Agreement.
If FSL fails, delays or omits (in whole or in part) to insist upon Your strict performance of any of Your obligations or if FSL fails to exercise any of the rights or remedies to which it is entitled then this shall not constitute a waiver of such rights or remedies and shall not relieve You from Your required compliance with such obligations.
If any part of this Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent then that part shall be deemed not to form part of this Agreement and the other provisions shall continue to be valid to the fullest extent permitted by law.
The rights, powers, privileges and remedies conferred on FSL in this Agreement are cumulative and are not exclusive of any other rights, powers, privileges or remedies provided by law.
This Agreement is personal to You and You may not transfer Your rights or obligations under it to anyone else. FSL may assign, transfer, charge, sub-license or deal in any other manner with this Agreement, or sub-contract any of its rights and obligations under this Agreement, to any third party.
Nothing in this Agreement shall create or be deemed to create a partnership, joint venture or principal-agent relationship between You and FSL. You shall have no authority to bind FSL in any way unless expressly provided otherwise in this Agreement.
If You have any claim or dispute arising as a result of Your access to and/or use of the Website then please contact us immediately.
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter (whether contractual or non-contractual), shall be governed and construed in accordance with the law of England and Wales and You irrevocable agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Agreement.