My Soccer Net

MySoccerNet.com – Member Agreement

This Member Agreement was last updated on September 29, 2009

IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY CLICKING THE BUTTON BESIDE THE TEXT THAT STATES “I accept the Member Agreement”, YOU ACCEPT ALL TERMS OF THIS MEMBER AGREEMENT, AND THIS MEMBER AGREEMENT WILL BE A VALID AND LEGALLY BINDING DOCUMENT BETWEEN YOU AND US.

INTRODUCTION

This Member Agreement (“Agreement”) is by and between you and MySoccerNet.com ("WCSN", the “Site”, "we" or "us") and is effective on the earlier of (1) the date that you pay the WCSN membership fee and are accepted by WCSN as a member or (2) the earliest date you or your significant other pledges services for WCSN and are accepted by WCSN as a member. This Agreement describes the terms and conditions applicable to your membership in WCSN, including the terms applicable to your use of the members-only pages of the WCSN web site accessible by clicking “Login” at http://www.MySoccerNet.com/ and the Content and Services available therein (collectively, the “Members’ Site”). “Content” includes all works of authorship in any form, including, but not limited to, text, data, graphics, photographs, gear, software, video, audio, slides, images, advertising and other audio, visual, audiovisual and streaming media works. “Services” include existing and other services we may choose to add from time to time. We refer to the Participant Agreement, Release and Assumption of Risk as the “Participant Agreement.”

REGISTRATION; PASSWORD

You must register to use the Members’ Site by completing the registration process by clicking “Join” at http://www.MySoccerNet.com/. By proceeding with the registration process and accessing the Members’ Site, you (a) represent that you are at least 18 years of age; (b) agree to provide true, accurate and current information about yourself as prompted during the registration process and in other areas of this Members’ Site; (c) agree to comply with all applicable laws in connection with your use of the Members’ Site; and (d) agree to receive notices and communications electronically from WCSN.

During the registration process you will have the opportunity to select a password. You are responsible for maintaining the confidentiality of your password. Your user name will be your email address. You are also responsible for all uses of your password and related charges, whether or not authorized by you. You agree to notify WCSN immediately in the event that your password is compromised for any reason.

CHANGES TO WEB SITE AND SERVICES; RESTRICTIONS ON ACCESS

We may amend this Agreement at any time and will post the amended Agreement on the Members’ Site. You will be required to accept the terms of the amended Agreement in order to continue being a member of the user community and accessing the Members’ Site. You can access the most recent version of the Member Agreement at any time by clicking https://www.MySoccerNet.com/website docs/member.html.

We may modify, suspend or discontinue any aspect of the Members’ Site, including the Content, Services and hours of availability at any time without notice.

While we endeavor to keep the Members’ Site’s description of our Services and products up to date, you should verify this information with WCSN directly filling out the “contact us” form available at http://www.MySoccerNet.com/website docs/contact.htm.

You understand that WCSN may, in its sole discretion for any lawful reason or for no reason (and without liability to you or to any third party), immediately bar or restrict your use of the Members’ Site at any time without notice. You agree that your access to the Members’ Site will automatically terminate if your membership with WCSN terminates.

SCOPE OF USE OF MEMBERS’ SITE

You may view, use, print and download small portions of the Content on this Members’ Site for your personal use in connection with participating in WCSN adventures, social activities and other aspects of your membership in WCSN, provided you do not alter such Content, and that you also retain and do not delete any copyright, trademark and other proprietary notices contained on such Content. You shall not modify, publicly display, distribute or publicly perform the Members’ Site or any portion thereof without WCSN’s prior written permission.

This Members’ Site and the public portion of the www.MySoccerNet.com web site are subject to our Terms of Use [http://www.MySoccerNet.com/website docs/terms of use.html]. Members of WCSN are subject to additional agreements, including without limitation, the Participant Agreement and the Special Provisions.

MEMBERSHIP BENEFITS

This Agreement governs your membership in the WCSN site. You cannot become a member until the site receives your Registration and membership fee payment. Members of WCSN are entitled to the benefits of membership described at www.MySoccerNet.com/about.htm.

You understand and agree that:

Your membership is personal and non-transferable;
While we try hard to offer a wide variety of content that will meet our members’ interests, we cannot guarantee how often each type of content will be offered;
Discounts offered by third parties are subject to change at any time by the third party;
Membership fees are subject to change at any time at the discretion of WCSN management;
You are responsible for obtaining your own connectivity to the Internet if you wish to use this Members’ Site;
WCSN members do not receive any ownership interests in WCSN;

REFUND POLICY

Membership fees are non-refundable under all circumstances.

MEMBERSHIP TERMINATION

The duration of your membership is determined by the membership plan that you select at sign-up. Your membership in WCSN will automatically terminate at the end of your membership period. It may terminate earlier if you violate our rules (as described below). At termination, your access to this Members’ Site will automatically terminate, and your contact information will be deleted from the Members’ Site membership directory. Upon termination of your membership, you will no longer have access to any WCSN content.

WCSN has developed a set of rules designed to foster and protect our WCSN community. These rules are set forth in this Agreement, as well as all documents governing the use of our public web site and Members’ Site, the Participant Agreement, Special Provisions, Acceptable Use Policy, Notice and Procedure for Making Claims of Copyright Infringement, and any other rules or policies WCSN may establish from time to time. If you break any of these rules, as determined by WCSN in its sole discretion, WCSN has the right to terminate your membership immediately. Depending upon the nature of your indiscretion, we may choose to give you a warning, but our goal is to encourage and strengthen the WCSN community, so we have no obligation to give you any warning before terminating your membership for violating our rules.

YOUR CONSENTS

Emails

You understand that from time to time, WCSN may send you emails about this Members’ Site or other WCSN or third party goods or services, and you grant WCSN permission to contact you via email. WCSN will not share your email address with third parties unless necessary to facilitate an adventure operated by a third party. At any time you may opt-out of receiving certain e-mails from WCSN by changing your preferences. You can change your preferences by filling out the “contact us” form available at https://www.MySoccerNet.com/contactus.htm.

Electronic Contracting

You agree that you shall be bound whenever, after having an opportunity to review the terms applicable to the transaction, you click on or check an “Agree”, “Accept” or other similar button or checkbox, at which time an electronic contract shall be formed. You certify that you intend each electronic contract, including the electronic acceptance, to constitute a legal agreement that is valid, binding and enforceable against you.

Software Communications

The Members’ Site performs a variety of automatic communications over the Internet as part of its normal operations, and may include, without limitation, automatically downloading certain software tools to your computer to enable you to effectively access and use the Members’ Site. By accessing the Members’ Site, you consent to such automatic downloading to your computer.

COOKIES

Our server may automatically deposit “cookies” on your computer when you enter the Members’ Site. Cookies are small files that are sent from the Members’ Site server to your computer's hard drive when you visit the Members’ Site. We are able to obtain information from these cookies when you revisit our Members’ Site as described below. The type of information that we collect as a result of cookies is specific to the computer used and may include the Internet Protocol address, the date and time the computer visited the Members’ Site, the specific parts of the Members’ Site that were visited, and indications as to whether or not the web pages requested were delivered successfully. We use the cookie information to make your navigation of the Members’ Site less cumbersome and to improve the functionality of the Members’ Site. You can erase or block this information by changing the settings on your computer, although this may affect your ability to access or use the Members’ Site.

USER SUBMISSIONS

By submitting Content (such as membership information, photos, questions, adventure requests, adventure ideas, adventure feedback comments, etc.) (a “User Submission”) to the Web Site, you grant WCSN a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute, broadcast, and transmit your User Submission for any purpose (whether via the Internet, print media, radio, TV or otherwise), and waive any moral rights and publicity rights in your User Submission; provided that WCSN will treat your membership directory information in accordance with this Agreement.

USAGE MONITORING AND ACCEPTABLE USE POLICY

WCSN does not pre-screen User Submissions, and WCSN shall not be responsible for policing, monitoring or editing User Submissions. WCSN shall have the right, but not the obligation, to monitor User Submissions and use of this Members’ Site to improve the Members’ Site performance, for Club purposes, for legal and regulatory requirements, and to determine compliance with this Member Agreement and other applicable policies and procedures of WCSN. WCSN shall have the right in its sole discretion to refuse to post or to remove any User Submission on the Members’ Site that it believes to be in violation of this Member Agreement (including the Acceptable Use Policy) or which it finds to be otherwise objectionable for any reason, without any liability to you. WCSN will look into possible violations when information that is sufficient to warrant an investigation is brought to WCSN's attention.

You agree to be subject to our Terms of Use Policy, which is accessible at https://www.MySoccerNet.com/website docs/terms of use.html and which is incorporated herein by reference. Without limiting the foregoing, you agree (a) that you alone are responsible for the content of your User Submissions and emails, and the consequences of uploading or sending them; (b) not to use the Members’ Site to engage in illegal activities; and (c) not to post or distribute via the Members’ Site (i) unsolicited bulk messages, chain letters, junk mail, mass advertising or other spam; (ii) materials that contain a virus, worm, Trojan horse or any other harmful component; (iii) a third party’s proprietary information without permission of the rights holder; or (iv) any material that is unlawful, threatening, obscene, defamatory or an invasion of privacy.

INTERNET

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information. To help ensure the security of our membership directory, the Members’ Site itself is maintained on a secure server.

WARRANTY DISCLAIMER

THE MEMBERS’ SITE DOES NOT WARRANTY ANY AND ALL CONTENT AND SERVICES AVAILABLE ON OR THROUGH THE WEB SITE. WHILE WCSN USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEB SITE, WCSN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

WCSN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS MEMBERS’ SITE, THE CONTENT, SERVICES AVAILABLE THROUGH THE MEMBERS’ SITE. WCSN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE MEMBERS’ SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ACCESS TO THE MEMBERS’ SITE MAY BE SUSPENDED DURING UPGRADES, MAINTENANCE, SYSTEM FAILURES OR FOR REASONS BEYOND WCSN’S CONTROL. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIAL YOU MAY OBTAIN FROM THE MEMBERS’ SITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.

LIMITATION OF LIABILITY

WCSN AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO ACCESS TO OR USE OF THE WEB SITE, CONTENT, SERVICES, ADVENTURES OR GEAR AND EQUIPMENT AVAILABLE THROUGH WCSN, EVEN IF WCSN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT, SERVICES OR PRODUCTS OBTAINED FROM WCSN AND/OR THROUGH THE USE OF THE WEB SITE, OR DAMAGES RELATED TO MISTAKES OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, OR VIRUSES (WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, COMPUTER SYSTEM OR TELECOMMUNICATIONS FAILURE, OR UNAUTHORIZED ACCESS TO THE MEMBERS’ SITE). WCSN’S MAXIMUM LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) WILL NOT EXCEED ZERO DOLLARS. Some states do not allow the limitation of liability, so the foregoing may not apply to you.

INDEMNIFICATION

You shall indemnify WCSN, its respective officers, employees, independent contractors, against any third party claims arising out of your breach of this Member Agreement, or your violation of any law or the rights of any third party. You hereby agree to hold WCSN and its respective officers, employees, independent contractors and members, free from all liability, including but not limited to its or their own negligence, and do hereby forever for yourself, your heirs, executors and administrators, waive, release and forever discharge any and all rights and claims for damages which you may have or which may hereafter accrue to you arising out of or in connection with your use of WCSN content.

PROPRIETARY RIGHTS

WORLD CUP SOCCER NET is a service mark of WCSN. Unauthorized use of any WCSN trademark, service mark or logo may be a violation of domestic and foreign trademark laws.

WCSN and/or its licensors own all intellectual property rights in the Members’ Site. This Members’ Site is protected by U.S. and international copyright laws. Except as expressly described in the “Scope of Use” section above, you shall not modify, reproduce, perform or display (a) the Content; (b) the design or layout of the Members’ Site, or individual sections of the design or layout of the Members’ Site; or (c) the WCSN trademarks, service marks or logos without our written permission. You shall not decompile, disassemble or reverse engineer the Members’ Site, or otherwise attempt to determine the Members’ Site’s source code or trade secrets.

LINKS

This Members’ Site may contain links to web sites operated by other parties. For example, the Members’ Site may offer the ability to sign up and pay for WCSN membership directly online through PayPal, a third party payment provider. If you wish to pay using PayPal, then please visit https://www.paypal.com/ to access the PayPal web site and link to the PayPal User Agreement to review PayPal’s terms and conditions. The linked sites (including PayPal’s) are not under the control of WCSN, and WCSN is not responsible for the privacy practices or the content of other Internet sites linked to this Members’ Site. Such links do not imply WCSN’S endorsement of material on any other web site, and WCSN disclaims all liability relating to your access to and use of such linked sites. WCSN provides links to other Internet sites only as a convenience to users, and access to any other Internet sites linked to this Web Members’ Site is at your own risk.

Unless otherwise set forth in a written agreement between you and WCSN, you may link your web site to the home page of the public portion of our web site, provided that you adhere to the following WCSN linking policy: (i) any link to the Web Site must be a text only link clearly marked “World Cup Soccer Net Web Site” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with WCSN’S name and trademarks, (iii) the link must “point” to the URL http://www.MySoccerNet.com and not to other pages within the Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with WCSN, (v) when selected by a user, the link must display the Web Site on full-screen and not within a “frame” on the linking Web Site, and (vi) WCSN reserves the right to revoke its consent to the link at any time and in its sole discretion. You may not link to any page of the Members’ Site.

EMPLOYMENT OPPORTUNITIES

It is the policy of WCSN to provide equal independent contracting, employment and advancement opportunities to all qualified independent contractors, employees and applicants for independent contracting and/or employment regardless of their race, color, religion, sex, sexual orientation, age, national origin, physical or mental disability, veteran status, pregnancy, military or military reserve obligations, or any other class or status protected by law. This policy applies to all policies and procedures related to recruitment, hiring, training, promotion, compensation, benefits, transfer, discharge and other terms and conditions of independent contracting and employment. If you have questions concerning this policy, please fill out the “contact us” form available at https://www.MySoccerNet.com/contactus.htm.

VIOLATIONS AND ADDITIONAL POLICIES

Without limiting other remedies at law or in equity, WCSN may at any time immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use all or part of the Members’ Site, and block your access to the Members’ Site if WCSN, in its sole discretion, believes your actions are (a) in violation of this Member Agreement any document incorporated herein by reference or any applicable law; or (b) harmful to the interests of other members, WCSN, or WCSN’s employees, agents, officers, directors, affiliates, successors or assigns.

Please see our Members’ Site for our additional policies, including, without limitation, our Acceptable Use Policy [https://www.MySoccerNet.com/websote docs/terms of use.htm], procedures relating to Copyright Infringement, and any other rules or policies WCSN may establish from time to time, all of which are incorporated herein by reference.

GOVERNING LAW AND MISCELLANEOUS

This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Texas (exclusive of the choice of law rules thereof). The provisions of this Member Agreement shall be severable, and if any provision of this Member Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation which would make it valid and enforceable. Invalidity or unenforceability of one provision shall not affect any other provision of this Member Agreement. This Member Agreement and all documents incorporated by reference constitute the entire agreement between WCSN and you with respect to this Members’ Site. The sections entitled REFUND POLICY, MEMBERSHIP DIRECTORY, WARRANTY DISCLAIMER; ASSUMPTION OF RISK, LIMITATION OF LIABILITY, INDEMNIFICATION, PROPRIETARY RIGHTS, LICENSE, NON-COMPETE, GOVERNING LAW AND MISCELLANEOUS, AND ARBITRATION shall survive termination of this Agreement for any reason. No amendment to this Agreement by you will be binding unless in writing signed by a Manager of WCSN. No waiver shall be deemed to have occurred by any act, delay or omission on the part of either party, but only by an instrument in writing signed by such party. No provision of the Participant Agreement, Release and Assumption of Risk signed by you shall limit or be limited by this Agreement.

QUESTIONS

If you have any questions about this Member Agreement, please fill out the “contact us” form available at https://www.MySoccerNet.com/contactus.htm.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOREGOING MEMBER AGREEMENT AND UNDERSTAND IT. BY CLICKING THE "I ACCEPT THE MEMBER AGREEMENT" BUTTON (ACCESSIBLE AT https://www.MySoccerNet.com/signup.php), YOU CERTIFY THAT YOU HAVE READ THIS AGREEMENT, AND YOU CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS. BY NOT CLICKING THE "I ACCEPT THE MEMBER AGREEMENT" BUTTON (ACCESSIBLE AT https://www.MySoccerNet.com/signup.php), YOU ARE REJECTING THIS AGREEMENT; YOU WILL NOT BE ABLE TO ENTER THE PASSWORD-PROTECTED AREA OF THIS WEB SITE; AND YOUR MEMBERSHIP IN THE CLUB WILL TERMINATE.

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