Welcome to this website of FALY ACADEMY SOCCER (the “Site”). This Site comprises various web pages and is owned and operated by FALY ACADEMY SOCCER (“FAS”). THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE (“Terms of Use”). The use of this Site, including but not limited to browsing, playing contests, participating in promotions, and purchasing merchandise from our online shop, are all subject to the legal Terms of Use outlined herein. By using this Site in any manner whatsoever, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time without prior notice to you. Therefore, we urge you to read them carefully each time you use this Site. Your continued use of this Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes.
- Limitation of Liability
By visiting this Site, you acknowledge that technical processing and transmission of the Site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Site or utilized by you, for any human or technical error of any kind, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Site or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FAS, ITS AFFILIATES, PARENTS, SUBSIDIARIES, PROMOTION AGENCIES AND ITS/THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SITE OR MERCHANDISE OR SERVICES OFFERED THROUGH THE SITE, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY VISITING THE SITE, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM. FAS, its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered on the partner websites. TO THE FULLEST EXTENT ALLOWABLE BY LAW, FAS AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some provinces do not allow limitations on implied warranties, so the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any portion of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.
- ERRORS, INACCURACIES OR OMISSIONS
We make every effort to ensure that the content on this Site is complete and current. However, we do not guarantee that the information contained on this Site will not contain errors, inaccuracies or omissions. We reserve the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO THE SITE AND ANY CONTENT THEREIN IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, FAS MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SITE OR ANY CONTENT THEREON. FAS WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SITE, OR FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE SITE. FAS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SITE AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
- TRADEMARKS AND COPYRIGHTS
All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trademarks and the sole and exclusive property of FAS, its parent or affiliates. All other names, titles, logos and designs appearing on this Site are the property of their respective owners.
This Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Material”) and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material.
No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights by downloading any Material. The use of any Material on any other web site is prohibited.
- UNLAWFUL AND PROHIBITED USE
As a specific condition of your use of the Site, you explicitly agree not to (a) use the Site for any purpose that is unlawful or prohibited by these Terms of Use; (b) use the Site in any way that could damage, disable, overburden, or impair the Site, or interfere with anyone else’s use of any of the Site; (c) attempt to gain unauthorized access to FAS computer systems or networks connected to FAS, through hacking, password mining or any other means; (d) attempt to reverse engineer any portion of the Site or attempt to infringe the intellectual property rights of others in any way; (e) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site; (f) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Site that you are not authorized to access; (g) develop or use any third-party applications that interact with our Site without our prior written consent, including any scripts designed to scrape or extract data from our Site; and (h) use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Use.
- LINKS TO THIRD PARTY SITES
This Site may contain links to other Internet Sites which are provided to you for your convenience. All such other Internet Sites are wholly independent from this Site and from us and we have no control or power over such other Internet Sites including their content. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. FAS is not responsible for any third party’s failure to establish or abide by its or our privacy policy. We suggest always checking the privacy policy for each website that you visit prior to submitting any personal information. WE MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE OTHER INTERNET SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH OTHER INTERNET SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOUR USE OF SUCH OTHER INTERNET SITES IS SUBJECT TO THE TERMS OF USE GOVERNING SUCH INTERNET SITES.
- PRIVACY
The use of this Site is subject to FAS’ online Privacy Policy, which forms a part of these Terms of Use.
- INDEMNITY
You specifically agree to indemnify and hold harmless FAS, its parent, affiliates, stockholders, officers and employees, from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Site.
- ENTIRE AGREEMENT AND CHANGES
These Terms of Use, together with our Privacy Policy constitute the entire agreement between us and you regarding the subject matter of this Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written between us and you with respect to such subject matter. These Terms of Use are subject to change by FAS at any time. Revisions are effective and binding when posted on the Site. Any continued use of the Site following any revision means you agree to the revisions. FAS expressly reserves the right to terminate or discontinue the Site with or without notice to you.
- SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- GOVERNING LAW AND JURISDICTION
This Site is intended for users who reside within Canada. We make no representation that materials on this Site are appropriate or available of for use in any location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with local laws. Access to and use of the Site and these Terms of Use are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of the Site, or these Terms of Use shall be instituted only in a court located in Vancouver, British Columbia. You and FAS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.