Effective June 10, 2018
These terms and conditions (“Terms”) set out important information regarding the rights, obligations and restrictions that may apply to you as a “User” when you access, use or download the Fields “Application” available on “Devices” such as cell phones and tablets and/or access the “Website” at fields.one and any “Services” offered in conjunction with the Application or Website. The Services, where not specifically provided otherwise, are supplied by Fields One (“we”, “us” and “our” as appropriate). You can contact us by email at email@example.com.
These Terms may be accessed via the Application directly from your device or on Website at fields.one. The definitive text of these Terms is the English (UK) version.
By using our Services, you (1) represent you are over the age of 13; and (2) agree to be bound by these Terms and any applicable laws regarding your use of Fields. You must also pay any charges for the Services which may be applicable. DO NOT USE THE SERVICES IF THESE TERMS ARE UNACCEPTABLE TO YOU.
- In the event that you are or become a paying customer of any part of the Application, we will provide to you the relevant information regarding price, delivery procedure and cancellation options on a case-by-case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
- Once you start using Fields, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event that waiver of these rights is prohibited under the law, this cooling period shall be limited to seven (7) days or (if shorter) the minimum period permitted by law.
- Each time you interact with Fields, such as when you open the Application or start training on a field in the Application, you will send data for which your network operator will charge at your usual data rates.
You agree to use the Services for non-commercial use and, above all, fairly. The Services are not to be used for commercial or performance monitoring purposes. Fields reserves the right to limit your identification attempts in any month, or cease to provide our Services to you without further notice.
We may change, suspend or discontinue any aspect of Fields at any time, including the availability of any feature, database and/ or content. We may also impose limits to certain features and services or restrict your access to parts or all the Services without liability. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any changes paid by you.
Continued use of the Application and/ or Services may require a download of a new releases of software with different functionality and that may have different license terms.
User generated content
Please choose carefully the words, information, content, text, files, images, photos, profiles or any other materials you post, upload, link to, publish or display on our Website, Application and/ or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, “User Content”). You are responsible for all User Content, as set forth below.
You retain ownership of User Content. By sharing User Content via Fields (and any Third Party Application and/ or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive license to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or any equivalent right to use, the User Content via Fields. We require such a license in order to provide certain functionality in the Application, such as the ability to see where your friends train.
By sharing User Content within Fields (and any other Third Party Applications and/or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party’s rights to privacy, publicity rights, copyrights or contractual rights.
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailing, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right, but not the obligation, to refuse to post, remove or edit any posting or submission of UserContent. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and license, or another equivalent right to use material associated with the User Content, your username, or your account in connection with your use of and our operation of the Services. You are solely responsible for any necessary payments that may become due to any third parties as the result of you posting of or linking to the User Content and thereof on our Application or Website.
The following is a partial list of the kind of User Content that is illegal or prohibited on Fields. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to Fields of such violators. Prohibited User Content includes content that: (i) is obscene, offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters, ” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that that is abusive, threatening, obscene, defamatory or libellous; (v) consists of an illegal or unauthorised copy of a copyrighted work; (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/ or sales without our prior written consent such as contests; (xii) violates anyone’s right of privacy; or (xiii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
You agree that Fields is not responsible for, and does not endorse, User Content content posted within the Application or on the Website. Fields does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you may bear legal responsibility for that User Content.
Availability of Services
We will do our best to offer you a smooth service, but give no guarantees that Fields will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or the Services to carry out repairs, maintenance or introduce new functionality or services and we will endeavor to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, ma have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
Legal protection and limitations
You acknowledge that Fields’s Website and Applications (and any other Third Party Applications and/ or Sites) licensed by us to you are our property (or that of a relevant third party). You are granted a limited, revocable , non-exclusive, non-transferable (without the right to sublicense) license to use Fields or any Third Party Application and/ or Site for the purpose of accessing and using the Services. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sun-license that content, in whole or in part. You agree not to disassemble, decompile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application and/ or Site. You will not copy any part of Fields or any Third Part Applications and/ or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Fields or such Third Party Application and/ or Site to any person.
You agree not to use Fields to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt Fields or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of Fields; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, or solicit, or sell to any other User without their prior explicit consent.
You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Fields and/ or any Third Party Applications and/ or Sites.
You agree not to use Fields or export any part portion of it in violation of U.S export regulations.
YOUR USE OF FIELDS IS AT YOUR SOLE RISK. FIELDS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) FIEDLS WILL MEET YOUR REQUIREMENTS; (ii) DELIVERY OF ANY PORTION OF FIEDLS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE FROM THE USE OF FIELDS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) ANY PORTION OF FIELDS WILL BE SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APPLICATION, WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Under no circumstances will we or our members or manager be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Fields (and any other applications) which we license to you, any content delivered to you or Fields, whether or not we have been advised of the possibility of such damage or loss. In any event, our liability to you shall be limited to typical and foreseeable damage. Some jurisdictions (countries, provinces or states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.
Nothing in these Terms shall be constructed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Fields Services. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
We may at any time terminate your account or prevent you from gaining access to Fields if your usage of the application and/ or website violates these Terms. We will not be liable to you or to any third party for any failure, suspension and/ or termination of access to Fields in any way.
All trademarks, logos, designs and images used in connection with the Application, Website and Services remain the property of Fields or their respective owners.
If you have any questions regarding us, the Website, Application and/ or Services, please contact us by email at email@example.com.
We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version of the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any service after we have posted any amended terms that will demonstrate that will demonstrate that you have accepted our updated Terms. Should you not accept these amendments, you may terminate the Service.
Unsolicited Ideas and Feedback
We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us feedback, we ask you to use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.
Please do not tell us anything that contains new or original ideas, in respect to what you might want, now or in the future, to claim any form of proprietary rights, If, despite our request that you do not send us your ideas, you still send them to us, then regardless of what you say to us, you agree that: (i) your submissions and their contents will automatically become our property, without any compensation to you; (ii) you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (iii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iv) there is no obligation for us to review any material that you submit to us; and (v) there is no obligation to keep any such material confidential.
In the event of dispute, we want to address your concerns without needing formal legal case. Before filling a claim against us, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org . We’ll try to to resolve the dispute informally by contacting you via email.
Effective June 10, 2018
1. What information we collect and how it’s collected
Fields collects information about you when you interact with our sites and apps
Information you provide to Us. When you use our Application, you are required to register (create an account) in order to access the features of our Services. When you register to Fields, you give the following info, which includes, but are not limited to: real name (the name you give us during the registration), username and email address.
Using our Application features such as starting training at specific football/ soccer field, adding friends and creating a team we collect and store the data to make these services simply possible. This data includes but is not limited to: current football/ soccer field you are training on, when you started training on the field, who you have added as friends, your football/ soccer team, user-specific ID, profile picture and your subscription status (free or paid). We also may request to send you push notifications to extend the functionality of our Application and Services.
Information collected automatically. We also automatically receive and track certain data about your computer or mobile device when you visit our sites or apps, including, but not limited to, your device type, IP address, software and language preference, type of operating system, date and time of viewing, use of our features and how you navigate on our sites and apps.
2. How we use Your information.
The information we collect about you is essential to provide the Services and features for you that you may expect when using our sites and apps, like being able to see where your friends train. Here’s a full list of how we use your information, when permitted by applicable law:
i. Provide you with our Services and make it possible for you to use our Application. Our Services do NOT include any information given to advertisers about you. This is something we value highly.
ii. Communicate with you about Fields products and services, including sending marketing communications that we believe may be interesting to you, through electronic communications with your consent or where otherwise permitted by applicable law, and to provide assistance with customer service issues.
iii. To improve our sites and apps and ensure the technical functioning of our products and services.
iv. To enable us to use a third party to measure the usage of our services by our users, with your consent or where otherwise permitted by law. We use Google Analytics for Firebase as a third party to monitor how our users use the Application. This information helps us to provide better services and improve our Application. You have the option to opt out of these Services when registering to our Application and through the settings of our Application.
We also use other third party services from Firebase, a service provided by Google. These include Firebase Cloud Firestore for saving the user data and accessing it (makes running the Application and it’s features possible), Firebase Storage for saving and accessing images submitted by the Application’s users, such as profile pictures and team pictures, Google Cloud Functions and Firebase Cloud Messaging for sending notifications to your device, Firebase Authentication for registering Users and keeping their passwords safe and Firebase Crashlytics to receive data about errors and bugs our Users have experienced, so we can improve our services.
We rely on the following legal bases, under data protection law, to process your personal data:
- where processing is necessary to perform a contract with you, or take steps prior to entering into a contract with you.
- where we have obtained your consent (e.g. if you consent to the collection of analytical data to improve our services)
- where it is in our legitimate interests to maintain our services. This includes:
- Using analytics technologies which show us when and how people interact with our service to make sure we continue to provide the best platform possible.
3. When and how we share your information and how to opt out
We may share your information with third parties to perform services and functions on our behalf and support interactions with you. These third parties include services provided by Firebase, listed on “2. How we use your information”.
We may share your information with third parties, including law enforcement authorities, if we determine that doing so is appropriate and in accordance with applicable to:
i. Enforce our Terms and Conditions
ii. Protect our intellectual property, services and legal rights
iii. Prevent physical harm to the persons or property of others
iv. Prevent fraud against Fields or others
v. Support auditing, compliance, and corporate governance functions
vi. Comply with any and all applicable laws.
Business Transfers and corporate changes. In the event that ownership of Fields One, which built Fields or an operator of one or more of the sites changes as a result of a merger, acquisition, or transfer to another company, your personal data may be transferred. If such a transfer results in a material change in the use of your personal data, then Fields will provide you with appropriate notice.
4. Links to other websites
More information is available on the development of user profiles and how to stop the use of “targeting” cookies. Please see http://www.youronlinechoices.eu/ if you are located in Europe or http://www.aboutads.info/choices if in the United States. Many internet browsers and mobile devices allow you to block the transmission of information, such as your IP address or location information, or to block the installation of cookies for that specific browsers or device through the settings. Please note if you delete our cookies or disable future cookies, you may not be able to fully use the Fields sites, apps and features thereof. If you want to delete any cookies on your computer, please refer to the instructions for you file-management software to locate the file or directory that stores cookies. Your mobile operating system should also give you the option to manage your cookies (this may be found in the “settings” function on your device).
6. Age restrictions
Our sites and apps are general audience sites not directed at children under the age of 13. As such, if you are under the age of 13, we ask you not to use our sites or apps in any capacity. We do not knowingly collect data from anyone under the age of 13 and we do not direct any of our products or services at this age group. Any person who provides their personal data to Fields through its sites or apps represents they are 13 years of age or older. If we become aware that we have inadvertently captured any personal data about a person who is under 13 years of age, we will take the appropriate steps to shut down the account of that person and promptly delete their information.
7. Your control over your information
You can request to access, port and delete your personal data at any time. You can contact us at email@example.com and we’ll respond to any request to exercise your rights in accordance with applicable law. Please be aware, however, that there may be limitations to your rights and there may be circumstances where we are not able to comply with your request. For users in EU, you also have the right to complain to your local supervisory authority for data protection, but we ask that in the first instance you contact us so we can deal with it, and hopefully resolve, your query.
What’s deleted? Your Fields account, any data associated personal information, including for example email address and all your user data
How do I delete my account? You can delete your data and account from the settings of the Application.
California Privacy Rights. California Civil Code Section 1798.83 also permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we disclosed personal data (if any) for those third parties’ direct marketing purposes in the preceding calendar year and the categories of data disclosed to those third parties. To make any sort of access request, please email us at firstname.lastname@example.org.
8. How we store and protect your information
The security, integrity and confidentiality of your information are important to us. We have implemented technical, organisational and physical security measures that are designed to protect your information from unauthorised accidental or unlawful access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware, however, that, despite our best efforts, no security measures are perfect or impenetrable.
We will keep your personal data for as long as we need it for the purposes set out above, and so this period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your information, we will delete it.
10. Overseas Data Transfer
If we transfer personal data outside the EEA we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate safeguards, in particular the European Commission’s EU-US Privacy Shield and Model Contracts for the Transfer of Personal Data to Third Countries. Please contact us if you would like more information about these safeguards.
11. Contact Us
1. What are cookies?
A cookie is a small text file that is stored on and accessed from your device when you visit one of our sites if you agree. This allows our site to recognize your device from those of other users or visitors of the site. You can find more information at http://www.allaboutcookies.org and http://www.youronlinechoices.eu.
Our sites use two types of cookies:
Strictly necessary cookies. These cookies are required for the normal function of the website and the website won’t work without them. These include information wether the user is logged in to the website provider, WordPress. Without this cookie, the website won’t work.
Analytical Cookies. These cookies are used by us or our business partners to analyze how the Fields sites are used and how they are performing. These cookies do not let us identify users.
Upon entering the site for the first time you’ll see a banner about our cookie use. You consent with our cookie policies and usage by continuing the usage of our sites.
If you do not want cookies to be set on your device, you can adjust the settings of your internet browser to reject the setting of all or some cookies and to alert you when a cookie is placed on your device. For further information about how to do so, please refer to your browser ‘help’ / ‘tool’ or ‘edit’ section or see http://www.allaboutcookies.org . Please note that if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access or use all or parts or functionalities of this site.
If you want to remove previously-stored cookies, you can manually delete the cookies at any time. However, this will not prevent this site from placing further cookies on your device unless and until you adjust your Internet browser setting as described above.
For more information on the development of user-profiles and the use of targeting/advertising cookies, please see http://www.youronlinechoices.eu if you are located in Europe or http://www.aboutads.info/choices if in the United States.
4. Contact Us