Terms and Conditions
Information about Feedconstruct
FeedConstruct provides real-time data and digital content for the most popular sporting events around the world. We have seamlessly integrated four key products into a single comprehensive platform, making access to high-quality live streams, odds feed, statistics and scouting data simpler and easier than ever.
Feedconstruct provides for a Platform where Platform Users can sell and buy products.
This document is a legal agreement between you, the User, and the entity providing Feedconstruct. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. “We,” “our,” “us” “Owner” and similar terms refer to the corporation that owns and manages Feedconstruct as outlined in the present document. “Feedconstruct” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
Acceptance of this Agreement
In order to use Feedconstruct, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Registration, content on Feedconstruct and prohibited use of Feedconstruct Registration
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Feedconstruct or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
- User has violated this Agreement; and/or
- User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
- The use of Feedconstruct by the User may result in violation of law or regulations; and/or
- In case of an investigation by legal action or governmental involvement; and/or
- The account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
Changes to this Agreement
The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through Feedconstruct or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.
Assignment of 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 their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Feedconstruct must be sent using the contacts stated in this document.
Cancellation and termination of the Agreement
You may terminate the Agreement by cancelling your account at anytime by sending an email at the email address provided in the present document and then following the specific instructions provided in our response. Notwithstanding the provisions set forth under the section “Deleting Users accounts and account termination”, we reserve the right to terminate the Agreement and cancel your account in the following cases:
- In case of discontinuation of the Service;
- In case you fail to honour your obligation to pay for the Services you purchased;
- In case we suspect that you have engaged in any fraudulent or, in general, illegal activity in connection with Feedconstruct or in case of your infringement of the Agreement;
- If requested to do so by any public authority for any reason.
Without prejudice to any further action we may bring before the competent Courts in order to protect and safeguard our rights. Upon termination of the Agreement by either party for any reason:
- We will cease providing you with the Service and you will no longer be able to access your account;
- Unless otherwise stated in the Agreement, you will not be entitled to any refunds of any fees, pro rata or otherwise and
- The content that you published (if any) will be taken offline unless it has been used by the Owner for advertising and/or promotional purposes or shared by any other Users of Spring BME.
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 the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
Content available on Feedconstruct
The content available on Feedconstruct is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause. The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Feedconstruct, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on Feedconstruct, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Feedconstruct, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Feedconstruct, that they upload and post on or through Feedconstruct, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby 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.
In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:
- Other Users file complaints;
- A notice of infringement of intellectual property rights is received;
- It is decided to do so in view of, or as a result of, legal actions;
- Said action is solicited by a public authority; or
- If it is believed that the content, while being accessible via Feedconstruct, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Feedconstruct.
Unless stated otherwise, the following applies: By submitting, posting or displaying content on or through Feedconstruct, 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.
Services provided by third parties
Users may use third-party services or content included in Feedconstruct, 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.
The Service shall be used only in accordance with these Terms.
Users may not:
- Reverse engineer, decompile, disassemble, modify or create derivative works based on Feedconstruct or any portion of it;
- Circumvent any technology used by Feedconstruct 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 Feedconstruct;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Feedconstruct or its content;
- Rent, lease or sublicense Feedconstruct;
- 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;
- Misappropriate any account in use by another User;
- Register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Feedconstruct in any way;
- Use Feedconstruct in any other improper manner that violates the Terms.
Terms and conditions of sale
Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner. Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the order summary form of the order. The order is placed on confirmation of the order and is subject to payment of the amount charged in the order summary.
The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased as soon as possible - to the email address associated with the purchase - and will provide for a refund of any amounts paid by the User. To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable.
Users must make their purchase selection and verify it attentively as displayed in the order summary.
After having verified the information displayed, Users may place the order by confirming it. Each order that has been placed constitutes an offer to purchase. The confirmation of the order creates for the User the obligation to pay the price, taxes and possible further fees specified in the order summary. Upon submission of the order, Users will receive an automated receipt.
In the event that Feedconstruct offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by Feedconstruct. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
The user must be aware that the Owner may automatically charge at the end of the trial period or at the end of the subscription period unless the User communicates their intention to cancel or not renew the subscription. In particular, if the User fails to disable the automatic renewal feature on Feedconstruct, they can be charged the entire amount due for the relevant subscription period. Such amount shall not be refunded by the Owner.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Feedconstruct may be forced to cancel their subscription when it runs out.
Methods of payment
Feedconstruct uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. Any declined payment costs shall be borne by the User.
Feedconstruct accepts refund requests by the Users only for the portion of Service not yet provided. This means that Users can ask for a refund but the refundable amount shall not include fees for services already provided at the time of the request. The fees paid are non-refundable in the event that:
- The Service has already been provided in full at the time of payment;
- The User had not disabled automatic renewals before the expiration date and the service has been automatically renewed for an additional billing period.
If the User has reasons to believe that an error in billing took place, including without limitations, if the User is charged for services that they did not purchase or they do not receive the services they did purchase or they are charged the incorrect amount, the User is invited to contact the Owner at the contact details provided in the present document and ask for a refund or bill correction. Requests shall be processed provided that they are received within 5 days from purchase. Requests received after this period shall be evaluated at the Owner's sole discretion.
Prices, descriptions or availability of the products on display are subject to change without notice.
Warranties, Indemnification and Limitation of Liability
Disclaimer of Warranties
The Owner provides the services to you strictly on an "As is" basis. To the maximum extent permitted by applicable law the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any:
- Errors, omissions or inaccuracies in any “content”;
- Personal injury or property damage of any nature whatsoever resulting from your access to and use of the “services” and “Feedconstruct”;
- Any unauthorized access to or use of our systems and/or any information accessible through such systems; any interruption of the “services”;
- Any viruses, trojan horses, bugs, malware or the like in or transferred through the “services” or through the actions of any third party;
- Any access to your device and/or information available through such access;
- Any loss or damage of any kind incurred as a result of the use of the “services”.
The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services”. No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this agreement. Some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.
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 and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, 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.
Software license and intellectual property rights
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Feedconstruct are, and remain, the exclusive property of the Owner or its licencors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Feedconstruct are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Filing claims under DMCA
By registering on Feedconstruct, you represent and warrant that you are an adult according to the legislation in your country. We do not accept registration of Users who are minors according to their legislation.
Providing the service
From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law. The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.