Terms

FootFella.com Terms of Service

Last updated: 26-07-2013

Please read this Terms of Service carefully as this forms a legally binding contract between you and Plan-V (“we”, “us”, “our”) located at https://footfella.co.uk/terms . It sets out our legal relationship with you and the terms and conditions that apply to your use and/or your child’s use of the Footfella.com website and other associated websites such as FootFellaGames.com ( together the “Sites”). These Terms of Service affect your legal rights and obligations. By registering for, accessing, using or allowing your child to access and use our Sites, you agree to be bound by these Terms of Service and Privacy Policy.

 

Services

Subject to these Terms of Service, we may offer to provide information and environmental educational material for children and other services as described more fully on the Sites, and which are selected by you through the process provided on the Sites (“Services”), solely for your own personal use, and not for the use or benefit of any third party. Examples of the Services we may provide include, but are not limited to, games (including games that are downloadable or playable through a browser), activities, chat, forums, and audio-visual content.

We may change, add to, or delete the Services we offer, in whole or in part, for any reason at any time in our sole discretion. We may make available for sale, goods and services through the Sites.

The Services are for the personal use of individual internet and mobile users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and should not use the Services for any purpose without our prior written approval.

 

Acceptable use

You are independently responsible for complying with all applicable laws, rules and regulations in your actions related to your use of our Sites. You may not use our Sites for activities that:

  1. violate any applicable laws, rules, regulations, statutes, all ordinances;
  2. harm us, our users or any third party or violate the rights, including intellectual property right that belong to us, our users or any third party;
  3. interfere or disrupt our Service or servers or networks connected to the Sites by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
  4. involve creating accounts on our Sites through unauthorized means, such as by using an automated device, script, bot, spider, crawler or scraper.
  5. create or submit unwanted email, comments, likes or other forms of commercial or harassing communications;
  6. attempt to restrict other users from using or enjoying our Sites; and
  7. encourage or facilitate others to violate these Terms of Service.

If we find you in violation of our Terms of Service, we may permanently block your access to the Sites.

 

Intellectual property

Foot Fella is our registered trademark. All other trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are our property or the property of our affiliates or licensors.

All software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, games, applications and other content made available by us on the Sites (“Materials”) shall be our exclusive property.

Subject to your continuing compliance with these Terms of Service, wehereby grants you a limited, personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material, provided that you maintain all copyright and other notices contained in such Material. Any and all rights not specifically and expressly granted by us herein are reserved to us, and no license, permission or right of access or use not granted expressly herein shall be implied. You agree not to disassemble, decompile, reverse engineer, modify, create derivative works from, reproduce,display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including the display and distribution of the Material via a third party website) without the our prior written consent. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution.

 

Term and termination

These Terms of Service shall continue in perpetuity unless terminated sooner. We may at any time terminate these Terms of Service in our sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under these Terms of Service. You may at any time terminate these Terms of Service by ceasing use of our Sites  and sending us a notice of termination by email to info@footfella.co.ukor to such other addresses as we may specify in writing.

Prior to any termination of these Terms of Service, you must immediately cease accessing and using the applicable Services and the Sites, and uninstall and remove your access to Materials. Termination of these Terms of Service shall not relieve you from any obligations that may have arisen prior to such termination.

 

Disclaimer of warranties and limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITES IS PROVIDED FREE OF CHARGE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE EXPRESSLY DISCLAIM REPRESENTATIONS AND WARRANTIES OF ALL KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE CONTENT AND MATERIALS INCLUDED ON THE SITES. WE DO NOT WARRANT THAT THE SITES OR ITS SERVERS ARE FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE SITES MAY BE UNAVAILABLE AT TIMES BECAUSE OF TECHNICAL PROBLEMS, WEATHER CONDITIONS, OR OTHER CAUSES.

WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SITES OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

Indemnification

You agree to indemnify, defend and hold harmless us and/or our affiliates, agents, employees or directors from and against all losses liabilities, damages and expenses (including reasonable legal fees) arising out of your use of the Sites and/or our Services, breach of any warranty, representation or covenant under these Terms of Service by you, or due to any tortious conduct by you.

 

Disputes

All disputes arising out of rights, liabilities and obligations under these Terms of Service between you and us shall be resolved by arbitration in London conducted by a single arbitrator as per the laws of England and Wales. The parties agree to waive any right of appeal against the arbitration award. The cost of arbitration (excluding attorney fees) shall be borne by the party requesting the arbitration.

 

The parties agree to waive any right of appeal against the arbitration award. The decision of such an arbitrator shall be binding on both the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

 

Privacy

We respect your privacy and are committed to protecting your personal information. Our privacy practices are set out in our Privacy Policy available at https://footfella.co.uk/privacy-policy . Our Privacy Policy is incorporated into these Terms of Service by reference.

 

Contact information

We shall send notices under these Terms of Service by placing prominent notices on our Sites. You may send a notice, queries and requests for support under these Terms of Services by sending us an email to info@footfella.co.ukor to such other addresses as we may specify in writing.

 

Changes to these Terms of Service

These Terms of Service is subject to change. If we make changes to these Terms of Service, we will make the updated copy of these Terms of Service available on this page. We encourage you to review this page periodically for the latest version of our Terms of Service.