MySoccerNet.com - Terms of Use

Welcome to MySoccerNet.com! MySoccerNet.com is a leading internet service, enabling soccer fans to utilize an anchor site that provides access to a wide variety of information, media, merchandize and other soccer related items in one central location. The MySoccerNet.com service is available through our Web site, located at http://www.MySoccerNet.com

NOTICE TO USER: These terms of use outline your rights and responsibilities as a user of the MySoccerNet.com service. By using or visiting this Web site (collectively, including all Member Content available through the MySoccerNet.com.com domain name, the “MySoccerNet.com Site” or “Site”) or registering for this service, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this agreement.

If you are under the age of 18, you must obtain permission from your parent or guardian to use MySoccerNet.com and you must have a parent assist in the completion of registration. In addition, if you are under the age of 18, you must affirm that you possess legal parental or guardian consent to use the Site and Service, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in MySoccerNet.com’s terms of service, and to abide by and comply with MySoccerNet.com’s terms of service.

This MySoccerNet.com Terms of Service Agreement (”Agreement”) is a legal agreement between you, either an individual or a single entity or your qualified legal representative (”You”), and MySoccerNet.com. This document describes the terms and conditions that cover the use of the MySoccerNet.com service (”Service”) and the MySoccerNet.com Site, available at http://www.MySoccerNet.com.com.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a “material change” will be at the sole and exclusive discretion of MySoccerNet.com. You can find the most recent version of this Agreement at http://www.MySoccerNet.com.com/legal/terms.aspx, with the date of last modification noted at the end. Modifications to the terms will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the MySoccerNet.com Site to check if it has been updated. You should review this Agreement on a regular basis to keep yourself up to date with any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and/or Service. Your continued use of the Site and/or Service following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site, please contact us at: info@MySoccerNet.com

1. Use of the Site and Service

· Your Account

Once you register for the Service, you will have a username, password and an account. Please note that MySoccerNet.com may opt to disallow or remove a particular username at its sole discretion. You may never use another’s account without his/her permission. You are responsible for activity that occurs on your account and for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify MySoccerNet.com of any unauthorized use of your account or any other breach of security known to you. Although MySoccerNet.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MySoccerNet.com or others due to such unauthorized use. Accounts are for personal, noncommercial use only. However, MySoccerNet.com reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.

· MySoccerNet.com’s Intellectual Property Rights

All content of the MySoccerNet.com Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (”Content”) are: Copyright © 2009 MySoccerNet.com, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of MySoccerNet.com and/or its suppliers, affiliates, or licensors. All rights reserved.

MySoccerNet.com, MySoccerNet.com.com, the MySoccerNet.com tagline and the MySoccerNet.com logo are, without limitation, trademarks, service marks or registered trademarks of MySoccerNet.com, and may not be copied, imitated, or used, in whole or in part, without MySoccerNet.com’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

MySoccerNet.com may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site and/or Service. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

· Standards of Conduct

We reserve the right to terminate an account when the user’s expression infringes on MySoccerNet.com’s or other users’ rights, including intellectual property and privacy rights. Loss of your account for any reason, including but not limited to violations of the Standards of Conduct, may result in the loss of products and services purchased by or for such account, without the right to recompense. We may also limit the conduct of users that users find objectionable. Without limitation, MySoccerNet.com reserves the right to terminate your access to and use of the Site or Service if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the MySoccerNet.com Site from time to time:

1. You will not use MySoccerNet.com for any activity that violates applicable federal, state, local or international law, or for any unlawful purpose.
2. You will not use MySoccerNet.com for any activity that constitutes harassment.
3. You will not attempt to interfere with any other person’s use of the Site or Service.
4. You will not use any other user’s personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.
5. You will not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise.
6. You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.
7. Unless otherwise authorized, you will not hold yourself out as sponsored by, endorsed by, or affiliated with MySoccerNet.com.
8. You will not use the Site or Service for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.
9. You will not use the Site or Service to collect or harvest personally identifiable information, including account names.
10. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
11. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
12. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles that are harmful to minors in any way.
13. You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available any material that contains 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.
14. You will not attempt to gain unauthorized access to MySoccerNet.com’s database or other computer systems or to circumvent, disable or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any Member Content.
15. You will not reformat or frame any portion of the Web pages that are part of the Site.
16. You will not use MySoccerNet.com for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Service.
17. You will not use the Site or Service or any information contained within for commercial gain, including use of branded trademarks in graphical displays on the Site or Service. However, MySoccerNet.com reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement.
18. You will not use the Service to post MySoccerNet.com flash widgets on third party Web sites in violation of such Web site’s terms of use.
19. Any misuse or abuse of member account (i.e. distributing account to multiple users) will result in account cancellation

All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of MySoccerNet.com.

· Violations of Agreement

You may report violations of the MySoccerNet.com standards of conduct, improper account use, identity theft, and all other violations of the terms of this Agreement, to violations@MySoccerNet.com.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

2. Representations and Warranties

By completing the membership registration process, you are representing and warranting that:

1. You are over the age of majority and can form a legally binding contract under applicable law.
2. You have provided true, accurate, current and complete information about yourself as prompted in the registration process.
3. You are not using the Site or Service for any improper or illegal purpose, and that you will act in good faith in your relationships with MySoccerNet.com and other users and will abide by the rules set forth by MySoccerNet.com or the community.

· Third Party Content, Sites, and Services

The Site and/or Service contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Site and/or Service. We are not responsible for any third party content you access with the Site and/or Service, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Site and/or Service, including the delivery of and payment for goods and services. If you use MySoccerNet.com flash widgets on your Web site, you are responsible for any royalties payable to copyright holders arising from use of such widgets.

· Privacy and Security

MySoccerNet.com has established a Privacy Policy, explaining to its users how their information is collected and used. You can read the Privacy Policy by visiting: http://www.MySoccerNet.com/legal/

Your use of the Site and/or Service signifies acknowledgment of and agreement to MySoccerNet.com’s Privacy Policy. You further acknowledge and agree that MySoccerNet.com may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of MySoccerNet.com, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

Users are solely responsible for the privacy of their own Member Content. The Site and Service are designed for users to use privacy settings to determine the visibility of data throughout the Service, and to limit its spread to other systems.

MySoccerNet.com uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing your private Member Content or personal information.

· Terms of Sale

Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products and/or services from MySoccerNet.com. By ordering products or services from MySoccerNet.com through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in MySoccerNet.com’s sole discretion so you should review the Terms of Sale each time you make a purchase.

· Disputes

If there is a dispute between users or between users and any third party, you understand and agree that MySoccerNet.com is under no obligation to become involved. In the event that you have such a dispute, you hereby release MySoccerNet.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

· Disclaimer of Warranty

MySoccerNet.com intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, MySoccerNet.com may make changes and improvements to the information provided herein at any time.

MySoccerNet.COM PROVIDES THE SITE AND SOFTWARE TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MySoccerNet.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MySoccerNet.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, MySoccerNet.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

· Limitation of Liability

UNDER NO CIRCUMSTANCES WILL MySoccerNet.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MySoccerNet.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER’S USE OR MISUSE OF THE SITE, SOFTWARE OR NETWORK, OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, MySoccerNet.COM’S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO MySoccerNet.COM FOR SERVICES HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

· Indemnification

You agree to indemnify and hold MySoccerNet.com, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Site or Service, or from a breach of terms of this Agreement or your representations and warranties. You agree to hold MySoccerNet.com harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to your violation of this Agreement.

· Term and Termination

The term of this Agreement will commence when you register for the Service and will continue thereafter until the expiration of the membership term or terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly discontinue use of the Site and Service. You agree that MySoccerNet.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Member Content within the Service, for any reason, including, without limitation, if MySoccerNet.com believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that MySoccerNet.com will not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to access or use the Site or Service after said termination. Sections 5-12 will survive termination of this Agreement.

· Modifications

MySoccerNet.com reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at MySoccerNet.com’s sole discretion. The most up to date version of this Agreement will be posted on the MySoccerNet.com Site at: http://www.MySoccerNet.com/legal/terms.aspx

As a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Modifications will become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Site to check if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any changes.

You acknowledge that MySoccerNet.com reserves the right at any time to modify or discontinue the Site or Service (or any features or parts thereof) with or without notice and that MySoccerNet.com will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Should you object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Service or the Site or become dissatisfied with MySoccerNet.com in any way, your only recourse is to immediately: (1) discontinue use of the Site and Service; (2) terminate your registration; and (3) notify MySoccerNet.com of termination.

Your continued use of the Site or Service following the posting of modifications will constitute your acceptance of the revised Terms of Use.

· General

This Agreement constitutes the entire agreement between you and MySoccerNet.com and governs your use of the Site or Service, superseding any prior agreements between you and MySoccerNet.com. This Agreement will be governed by the laws of the State of Texas, without giving effect to its conflict of laws & provisions. Any claim or controversy in any way arising out of or relating to these Terms of Use will be filed in a court of competent jurisdiction sitting in Travis County, Texas. Both parties consent to exclusive jurisdiction in that county. The failure of MySoccerNet.com to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

MySoccerNet.com may give notice to you by email, a posting on our Site, or other reasonable means. You must give notice to MySoccerNet.com in writing via email or as otherwise expressly provided by MySoccerNet.com. MySoccerNet.com may broadcast, distribute or display notices or messages on the Site, through the Service or via email to inform you of changes to MySoccerNet.com, the Site or Service, or other matters of importance; such broadcast, distributions or displays will constitute notice to you.

Revised on September 30, 2009

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