Artist Terms and Conditions

Football is Life Artist Terms and Conditions

Last Updated: October 3, 2024

1. INTRODUCTION

Football is Life Ltd, (“Football is Life” or “we” or “us” or “our”) provides a service, through our website, that bring artists and customers together, allowing artists (“Artists”) to display, promote, sell, and earn money from their artwork and content (“Works”), and customers to browse, comment on, and purchase products incorporating these Works (“Products”) from Artists (collectively, the “Services”).

You are entering into a binding agreement. By accessing and using our Services, you are entering into a binding agreement with Football is Life that includes: (a) these terms and conditions (“Terms”); (b) our Privacy Policy, which governs our collection and use of personal information; (c) our Copyright and Trademark Policy; (d) any other terms, conditions, or policies linked to in these documents; and (f) all other rules, policies, and procedures relating to the Services that we may publish from time to time. Therefore, please carefully review these documents. If you do not agree with the terms of these documents, you may not use our Services. If there is a conflict between these Terms and any other the terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

You have authority to bind your company. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We may modify these Terms. We reserve the right, at our sole discretion, to modify these Terms (including any terms incorporated herein by reference), at any time and without prior notice. If we modify these Terms, we will post the modification of the Terms and update the “Last Updated Date”. If you have signed up to receive notifications from us, you will receive a notice. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only option is to cease using the Services. We encourage you to check back regularly to review these Terms.

We may modify the Services. We reserve the right to monitor, modify, or discontinue the Services, and to block, modify, publicly comment on, or delete any Works, content, or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain, or correct any Works, artwork, content, or information on the Services.

Our Services are for 18+ only. The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

These headings are for convenience only. The bold headings in these Terms are for convenience only. The language that follows them is what’s binding and controlling.

2. ACCOUNTS

You may use the Services in accordance with these Terms. As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable licence, without right of sublicense, to use the Services solely for their intended purpose.

Accounts. In order to include your Works on Products, you must first create an account (“Account”) by completing our registration process. You may not select a username that is vulgar, offensive, obscene, or attempts to impersonate another person. You may never use another person’s Account.

You will provide accurate information. You agree to provide accurate, current, and complete information during the registration and checkout process and to update such information to keep it accurate. Football is Life reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. We may from time to time ask you for additional identification information as may be required for regulatory or other reasons.

You will secure your password. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account. We may require you to change your password from time to time, including if we have reason to believe your password is no longer secure.

We may disclose information about your Account. Football is Life reserves the right to access, retain, and disclose your Account information, artwork, and content if required to do so by law or we have a good faith belief that such access, retention, or disclosure is reasonably necessary to: (a) enforce these Terms; (b) respond to your requests for customer service; (c) respond to a legal notice, including by disclosing your Account information in response to a notice of infringement; (d) comply with legal process; or (e) protect the rights, property, or personal safety of our company, our users, or the public.

We may terminate your Account and access to our Services. If you breach any of these Terms, Football is Life may suspend or disable your Account or terminate our agreement with you, at our sole discretion and without prior notice to you. We further reserve the right to revoke your access to and use of the Services at any time, with or without cause; provided, however, that terminating your Account without cause will not relieve any existing payment obligations we have to you. You may cancel your Account at any time from your Account Settings page. If your Account or access to the Services is terminated, any rights and licences granted to you hereunder shall immediately terminate; only the provisions of these Terms that by their nature and context are intended to survive will survive. Within 90 days, we may remove access to your Account and any artwork therein, but in any event, we reserve the right to keep copies of your Account information, artwork, and content for internal purposes.

3. USER CONTENT & ACCEPTABLE USE

We may use content you post. Football is Life may, in its sole discretion, designate areas of the Services in which users can post, upload, publish, or submit text, graphics, audio, video, images of works of art, or other content on or to the Services (individually or collectively, “User Content”). “User Content” excludes any images of Works submitted by Artists. By making available any User Content on or through the Services, you grant (i) to Football is Life: a worldwide, nonexclusive, transferable, royalty-free, commission-free licence to copy, crop, reproduce, resize, publicly display, publicly perform, distribute, promote, broadcast, transmit, prepare derivative works based upon, and otherwise use and exploit such User Content on or through the Services in any form, medium, or technology now known or later developed, for the purpose of promoting Football is Life and the Services, and (ii) to users: the right and licence to access and view your User Content on or through the Services only in connection with such user’s authorised use of the Services. You reserve all other rights and licences in and to any User Content that you make available on or through the Services. Football is Life will only use User Content to promote the site and it's products and all artwork still remains under ownership of the Artist.

Only Upload Content That You Own or Have The Rights To. You acknowledge and agree that you are solely responsible for any User Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available on or through the Services or that you have all rights, licences, consents, and releases that are necessary to make available such User Content and to grant all rights and licences in such User Content as granted under these Terms; and (ii) neither the User Content nor your making available any User Content on the Services nor any use of any User Content as permitted under these Terms will infringe, misappropriate, or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You will follow these content and use restrictions. Football is Life is founded on respect for others, and we take this extremely seriously. You agree that you will not, either directly or indirectly:

Transfer your Account or Account information to another party without our prior written consent;
Create deceptive Accounts;
Post artwork, titles, tags, descriptions, or other content that is pornographic, obscene, offensive, profane, or depicts, promotes, or incites illegal activity, hate, abuse, discrimination, denigration, objectification, or violence, or otherwise violates our community standards, as determined by us in our sole discretion.
Use, reproduce, copy, modify, adapt, prepare derivative works based upon, publish, print, transmit, distribute, perform, display, sell, licence, rebrand, or otherwise transfer: (a) any portion of the Services, Football is Life Content or other artwork or content made available through the Services other than your own artwork or content, without the owner’s express written permission; or (b) any Football is Life copyrights or trademarks;
Frame, mirror, or otherwise simulate the appearance or function of the Services, Football is Life Content, or any user’s Works or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Football is Life Content or Works transmitted through the Services;
Decompile, disassemble, or otherwise reverse engineer the Services, Football is Life Content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;
Interfere with any Football is Life Content or another user’s Works;
Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, Football is Life Content, or any Works other than your own;
Upload, post, email, transmit, or otherwise make available any Work that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Post artwork, content, titles, tags, or descriptions that infringe on a third party’s copyright, trademark, right of publicity, or other intellectual property rights. Please see our Artist’s Terms and Conditions below and Copyright and Trademark Policy for further details.
Post artwork or content with inaccurate, deceptive, inappropriate, or offensive titles, tags, or descriptions;
Stalk, harass, or harm another person via use of the Services, including, without limitation, Football is Life personnel;
Impersonate any person or entity, including, but not limited to, our employees, representatives, or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;
Upload, post, email, transmit, or otherwise make available through the Services any unsolicited or unauthorised advertising, marketing, or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them;
Bypass any measures we may use to prevent or restrict access to the Services; or
Circumvent or manipulate our payment process or Artist Earnings.

Football is Life has and enforces a “repeat infringer” policy. Football is Life respects copyright law and expects its users to do the same. It is Football is Life’s policy to terminate, in appropriate circumstances, users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Football is Life’s Copyright and Trademark Policy for further information.

Football is Life may enforce any violations. Football is Life will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Football is Life may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Football is Life has no obligation to monitor your access to or use of the Services or to remove any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Football is Life reserves the right, at any time and without prior notice, to remove or disable access to any User Content, listings for Works, Football is Life Content, or any other text, graphics, images, software, music, audio, video, information, or other content or material that Football is Life, at its sole discretion, considers to be objectionable, in violation of these Terms, or otherwise harmful to the Services.

4. ARTIST TERMS AND CONDITIONS

Artists may submit only Works they own or control. Artists may submit Works in which they hold all necessary rights (as discussed below) that they desire to display on Products sold through the Services. As between the Artist and Football is Life, the Artist owns all and retains all rights in their Works.

Works must adhere to our Terms. In order for Football is Life to list your Works, Artists must provide us with all the information we request. Artists must also comply with all other requirements and guidelines presented to them, including those contained in our Community Guidelines and Copyright and Trademark Policy which are incorporated by reference into these Terms. We reserve the right not to permit any Work that violates our Terms and policies, or for any reason at all. In addition to all other remedies available to us, we will not pay you any Artist Earnings (defined below) if you are found to be in violation of these Terms.

It may take some time for your Works to appear. Artists acknowledge that it can take several hours (or up to 24 hours or more in some circumstances) for newly submitted Works to appear. The placement of Products in search and browse results is in Football is Life’s sole discretion and may be based on factors that include, without limitation title, keywords and price.

Artists and Football is Life may remove Products. Artists may use their Account to remove their Products from our Services. Football is Life reserves the right to remove any listings, tags, titles, or descriptions for any or no reason. Football is Life has no obligation to return to Artists or to host, store, retain, delete or display any designs, Works or Products that Artists upload.

Artists are responsible for their Works. As an Artist, you acknowledge and agree that you are solely responsible for all Works that you make available through the Services. With respect to these Works, you represent and warrant that:

you own all intellectual property rights in the Works and/or have obtained all authorisations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any Works, necessary for you to display, promote, sell, and earn money from the Works and Products incorporating the Works through the Services, and to convey all rights granted under these Terms;
the use of the Works as contemplated by these Terms, including to display, manufacture, promote, and sell Products incorporating the Works through the Services, does not and will not infringe the intellectual property or other rights of any person or entity including, without limitation, any copyright, moral rights, trademark, patent, right of publicity, or right of privacy, or cause Football is Life to incur any additional fees;
the Works do not contain material that is false, inaccurate, misleading, incomplete, defamatory, libellous, obscene, pornographic, indecent, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable; and
the Works do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.

You grant us a licence to use your Works. You hereby grant Football is Life a worldwide, transferable, nonexclusive, royalty-free right and licence, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of your Works for the purpose of promoting and selling Products on and through our Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, licence, publicly display, publicly perform, transmit, and broadcast copies of your Works in any form, medium, or technology now known or later developed for the purpose of promoting Football is Life and the Services, including the incorporation of such works in any natural language or equivalent model used to support our user or artist experience. You acknowledge and agree that the foregoing licence rights are granted on a royalty-free basis and that your sole compensation for the grant of such licence rights, if any, will be in the form of the Artist Earnings (defined below), which is payable only upon the sale of a Product through a Sales Channel.

We may continue using your Works for a period after you remove a listing. If you remove a listing for a Work from the Services, Football is Life and any Sales Channel party will have ninety (90) days to disable the public display of your Works. The licence rights granted by you to Football is Life with respect to such Work will terminate as of the date the listing is removed, except that such licence rights will survive and remain in effect for as long as necessary for Football is Life and its assigns to fulfil any orders related to such Works initiated prior to or as of the effective date of termination. In addition, you acknowledge and agree that the licence rights granted by you to Football is Life with respect to using such Works to promote Football is Life and the Services will remain in full force and effect for as long as necessary for us to fulfil any current obligations that require the use of the Work.

Artists are entitled to an “Artist Earnings” on sold Products. The Artist determines the sale price of Products incorporating the Artist’s Work that the Artist makes available for sale through our Sales Channels. For every Product incorporating an Artist’s Works that is sold through our Sales Channels, the Artist is entitled to be paid according to the formula and payment terms set forth in the Pricing & Earnings section of our Artist FAQ (“Artist Earnings”). Unless otherwise stated or agreed upon in writing, all amounts will be paid in GBP. Artists are responsible for paying all applicable taxes associated with their receipt of any Artist Earnings, as well as applicable fees, as specified below.

Football is Life may from time-to-time run discount promotions on the platform that may result in the Product price paid by the Artist’s customer being less than the Product price set by the Artist. In these scenarios, the commission rate will be calculated from the discounted sale price.

The Artist will receive a net payment equal to the Artist’s earnings from the Artist’s sales through Football is Life’s Sales Channels, less any additional fees or taxes charged or collected by Football is Life as detailed in our Terms.

IN THE EVENT THAT YOUR ACCOUNT IS SUSPENDED OR TERMINATED DUE TO YOUR VIOLATION OF THESE TERMS OR OUR POLICIES AS DETERMINED BY US IN OUR REASONABLE DISCRETION, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY UNPAID ARTIST EARNINGS. IN ADDITION, WE WILL HAVE THE RIGHT TO REQUIRE REIMBURSEMENT OF ANY ARTIST EARNINGS PAID TO YOU WHILE YOU WERE IN BREACH OF THESE TERMS OR OUR POLICIES.

If you believe that any Artist Earnings has been erroneously withheld from you or that your Account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.

You give us permission to list your Products incorporating your Works through our sales channels. You hereby authorise Football is Life to manufacture Products incorporating your Works on your behalf and to promote and sell your Works at the Price you determine as adjusted by promotions offered to optimise the performance of the marketplace through the Services and any other website, platform, or other online or offline sales channel authorised by Football is Life, including any international websites, third-party affiliates, wholesale partners, and third-party retailers (collectively, including the Services, “Sales Channels”). If a Product incorporating your Work is sold through a Sales Channel other than the Services (a “Third-Party Sales Channel”), the purchaser will be bound by any terms and conditions applicable to that Third-Party Sales Channel. However, as between you and Football is Life, these Terms will apply to such sale.

Purchases are subject to our Return Policy. Products purchased through the Services are subject to the terms and conditions of Football is Life’s then-current 30-day Return Policy. We comply with the applicable laws and regulations with respect to returns, exchanges and refunds in your jurisdiction. When a customer requests a return, your Artist Earnings for that Product will be withheld or deducted from your account, unless there is a fault or error with the product/delivery which is proven with photographic evidence or via courier information.

5. CUSTOMER TERMS AND CONDITIONS

You may order Products in accordance with our Terms. You may use the Services to order Products only in accordance with our Terms. All Products are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. We reserve the right to correct any errors with an order, or to cancel an order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.

Generally, use of the Services is limited to orders for your personal use. If you are interested in buying large quantities of products, please contact our team.

Shipping and taxes are shown at checkout. Applicable sales taxes and shipping charges will be shown during the checkout process prior to finalising your order. If applicable, VAT is included in the purchase price. Shipping charges include the estimated rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We endeavour to deliver all orders on schedule. However, we do not guarantee delivery dates, including because our shipping providers or suppliers may experience shipping delays or problems.

Descriptions may not be 100% accurate all the time. While we strive to be as accurate as possible, we do not warrant that all Product descriptions, images, photographs, pricing or other information on the Services are 100% accurate, complete, current, or error-free. Weights and size dimensions are approximate. If a Product is not as described, your sole remedy is to return it in an unused condition in accordance with our Return Policy.

You have the right to use your method of payment. If you wish to make a purchase via the Services, you may be asked to supply certain information relevant to your purchase including, without limitation, a credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

We don’t prescreen Works. We are not responsible for examining or evaluating Works, although we reserve the right to do so. You understand and acknowledge that you may be exposed to Works that you may find to be offensive, indecent or objectionable.

4. ADDITIONAL TERMS & CONDITIONS

Football is Life’s Intellectual Property. The Services, including the Football is Life Content, are protected by copyright, trademark and other laws of the United Kingdom and foreign countries. Except as expressly provided in these Terms, Football is Life exclusively owns all right, title and interest in and to the Services and Football is Life Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Football is Life Content.

Sweepstakes and Contests. Football is Life may operate sweepstakes, contests and similar promotions through the Services (collectively, “Promotions”). You should carefully review the rules provided in connection with each Promotion in which you participate through the Services (“Official Rules”), as they may contain additional important information about Football is Life’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

We are not responsible for linked sites. The Services may contain links to third-party websites or resources. You acknowledge and agree that Football is Life is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Football is Life of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Further, we are not responsible for the privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites.

We provide no warranty. THE SERVICES, Football is Life CONTENT AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Football is Life EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Football is Life MAKES NO WARRANTY THAT THE SITE, SERVICES, Football is Life CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Football is Life MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Football is Life OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Football is Life DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF USERS OF THE SERVICES, NOR DOES Football is Life MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY USERS OF THE SERVICES. Football is Life MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

You agree to indemnify us. You agree to defend, indemnify, and hold Football is Life, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your Works, User Content or use of the Services, including without limitation, your sale of any Products; (b) your (or anyone using your Account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.

Our liability is limited. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Football is Life Content and User Content remains with you. Neither Football is Life nor any other party involved in creating, producing, or delivering the Services, Football is Life Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Football is Life Content or User Content, or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Football is Life has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Football is Life’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Football is Life Content or User Content exceed: (i) if you are an Artist, the total payments made or credited to you by Football is Life for the sale of Products incorporating your Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a user who has purchased Products, the total payments that you made to Football is Life for such Products that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Football is Life and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

User Jurisdictions. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Football is Life and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Football is Life and you regarding the Services.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Football is Life’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Football is Life may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Football is Life via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted unless the sending party is notified that the email address is invalid. Alternatively, if applicable, we may give you legal notice by mail to the address provided during the PayPal verification process. In that case, notice will be deemed given three (3) days after the date of mailing.

No Waiver. The failure of Football is Life to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Football is Life. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Force Majeure. We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labour strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.