Users of the Services offered by Fubles acknowledge and
accept the terms and conditions of the contract.
Owner of Fubles and related Services
Fubles Srl
Via Disciplini, 18 - 20123 Milan (Italy)
VAT Number: IT06769730968
Chamber of Commerce of Milan
Paid up share capital: 68.132,81
ict@fubles.com
Information about Fubles
Fubles is a platform that allows its Users to get in touch with each other in order to organise and / or participate in amateur sporting events, providing the contact information of the sports facilities in which to organise the games.
Definitions
- User: Any user, whether a human being or legal entity, of the Service.
- Service: The service provided by Fubles as described in these Terms and in Fubles.
- Terms and Conditions (or Terms): These Terms of Service, which constitute a legally binding agreement between the User and the Owner.
- Player: A User who joins a game under the present terms and conditions.
- Organiser: A User who organises a game using Fubles’ platform.
- Wallet: The User’s electronic Wallet containing electronic currency issued by Stripe.
- Stripe: Bank that issues the electronic currency based in 510 Townsend Street, San Francisco, CA 94103.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Fubles, that they upload and post on or through Fubles, or that they transfer by any other means. Users indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
By submitting, posting or displaying content on or through Fubles, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Content provided by third parties
Users may use third-party services or content included in Fubles, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Registration
In order to use the Service or any part thereof, Users must register by providing, in a truthful and complete manner, all the required data in the relevant registration form and accept the privacy policy and these terms and conditions in full. Users are responsible for their login credentials.
Relationship between users and facility owners
Fubles does not form part of the relationship between its Users and the owners of sports facilities, therefore, is exempt from any responsibility for the availability and conditions of the facilities themselves.
Organisation, activities and payment of a game
1) Registering a Player for a game
At the moment of registration for a game, the Player receives a summary containing the details of the game, the possible participation fees and the details of payment solution.
In the case of registration to a game with payment on the field, the Player agrees to pay the fee indicated in the game before starting the game. This fee must be paid to the organiser of the match indicated on Fubles or, alternatively, to the owner of the sports center.
In the case of registration for a game with online payment, the User authorizes Fubles to withdraw the game fee through the selected payment model and to collect the participation fees for the game on behalf of the Organiser.
The Organiser is responsible for determining the participation fees of each player, who may also decide to exempt some players from paying the participation fee or to apply discounts
2) Participation fee refund for a game
For games organised with online payment, Fubles allows the reimbursement of a participation fee for a game if:
- the Player removes himself from the game respecting the cancellation terms defined by the organiser and viewable on the game page;
- the Player is removed by the Organiser;
- the game is canceled by the Organiser;
- the game is canceled by the system before kickoff because the required number of participants could not be reached.
The reimbursement of the fees consists of the reinstating of the credited amount to the Player’s credit card minus the applied transaction costs as priorly indicated while joining the game.
3) Organisation of a game
After having personally booked the field, each User can become a game organiser by using the respective interface of the Application and indicating the date, time and place of the same.
The Organiser can decide to collect the players' shares by paying online or in cash at the time of the game.
For games with payment on the pitch, the Organiser is responsible for verifying the correct payment of the pitch by all players. In the event of non-payment or absence of the players, Fubles cannot be held responsible for any non-payment.
In order to organise games with online payment on Fubles, the User must first have opened a Stripe account and made the Stripe Connect, accepting the terms and conditions, then communicate the Stripe account to Fubles.
For games with online payment, Fubles will apply an additional commission to the game fee indicated by the Organiser for the service offered and transaction costs.
Once the game is played, Fubles will transfer the amount collected - net of the commission foreseen for Fubles - to the Stripe account of the organiser indicated during the organisation of the game within 3 days.
The Organiser can at any time transfer from its Stripe account to its bank account the sums deposited therein net of the costs that Stripe may possibly apply for this transfer. If the sums collected exceed 3000 Euros per year, the Organiser must supply Fubles with their VAT number, valid for the carrying out of this type of activity.
When transferring an amount to his bank account, the User has to read and accept Stripe's general terms and conditions.
Fubles reserves the right, at its own unquestionable judgment, to provide for an additional cost or to completely block the games organisation for some users or sports centers.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
Service interruption
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow users to withdraw their information hosted by the Owner.
Service reselling
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Fubles and of its Service without the Owner’s express permission, granted either directly or through a proper reselling program.
Indemnity
The User agrees to indemnify and hold the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Risk assumption and compensation waiver
The User undertakes to check the structures and equipment that will be used, and, if he feels the sensation of danger, to immediately inform the Game Organiser and the owner of the sports center of these conditions and will refuse to participate until a security situation will not be restored. Fubles has not given any guarantee regarding the adequacy, conditions, or safety of the structures, equipment or vehicles used for the conduct of the matches. The User is therefore aware that participation or the mere presence in the game could include risks and dangerous accidents, loss or damage to personal effects, personal injuries, death, and significant economic losses and voluntarily and freely chooses to assume all the aforementioned risks and accept direct responsibility for any damage resulting from such injuries, permanent disability or death; to waive, within the limits mandatorily provided by law, for any action for damages for death, personal injury, or material damage that may occur.
Disclaimer
The User exonerates Fubles totally and without any time limit from any liability for any physical damage (including death), loss, damage, declaration, request, judicial proceeding, expense and any other liability of any kind, directly or indirectly connected to his participation or presence at activities organised through the platform.
Permitted use
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Fubles or any portion of it;
- circumvent any technology used by Fubles or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Fubles;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Fubles or its content;
- rent, lease or sublicense Fubles;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- publish and advertise the same game on other platforms;
- promote (for example through private messages or on the walls of the games) any other platform, tournament or commercial service without the express consent of the Owner;
- organise a match in a venue that differs from the one selected in the organisation process;
- organise a game without having previously booked the pitch;
- create more than one personal account;
- provide any false personal information on Fubles, or create an account for anyone other than yourself without permission;
- organise fake or not verifiable matches;
- post unauthorized communications on Fubles to promote products, activities or initiatives not directly related to Fubles matches;
- use Fubles in any other improper way that violates these Terms.
If a user violates the letter or spirit of this Statement, or otherwise creates risk or possible financial or legal exposure for us, we can stop providing all or part of Fubles to him. We will notify him by email or at the next time he attempts to access his account.
Privacy Policy
For information about the use of their personal data, Users must refer to the privacy policy of Fubles.
Copyright
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Fubles are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Age eligibility
Users declare to be adults according to their applicable legislation. Under no circumstance persons under the age of 16 may use Fubles.
Limitations of liability
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of Fubles.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Fubles or through an email.
Users who continue to use Fubles after the publication of the changes accept the new Terms in their entirety.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer in any way their rights or obligations under these Terms without the written permission of the Owner.
Communication
All communications relating to Fubles must be sent using the contact methods stated in this document.
Invalidity
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to Italian law.
The parties agree to resolve any dispute, within the limits of the applicable law, under the jurisdiction of the Italian courts with the exclusive jurisdiction of the court of Milan, Italy.