| Terms
of Use and Disclaimer
The Site is operated by Soccerphile Ltd (referred to herein as
"we", "us", or "our").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE.
By using this site, you signify your agreement to these Terms of
Use of this Site.
If you do not agree to these terms of use please do not use the
site. We reserve the right, at our discretion, to change, modify,
add, or remove portions of these terms at any time.
Your continued use of this site following the posting of changes
to these terms will mean you accept those changes.
Restrictions
All materials contained in this site are the copyrighted property
of Soccerphile Ltd and/or third party licensors. All trademarks,
service marks, and trade names are proprietary to Soccerphile. No
material from this site or any Internet site owned, operated, licensed,
or controlled by us or our affiliates may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way, except that you may download one copy of the materials on any
single computer for your personal, non-commercial use only, provided
that (i) you keep intact all copyright and other proprietary notices,
(ii) you make no modifications to the materials, (iii) you do not
use the materials in a manner that suggests an association with
any of our products, services, or brands, and (iv) you do not download
quantities of materials to a database that can be used to avoid
future downloads from the Site. For purposes of these terms, the
use of any such material on any other Web site or computer environment
is prohibited. All trademarks, service marks and trade names are
proprietary to us.
Submissions
If, at our request, you send certain specific submissions (e.g.,
postings to discussion boards, or contests) or, despite our request
that you not send us any other creative materials, you send us creative
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall
be deemed, and shall remain, our property. None of the Submissions
shall be subject to any obligation of confidence on our part and
we shall not be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, we shall exclusively own all
now known or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions.
Forums
"Forum" means a chat area, discussion board, or e-mail
function offered as part of this site.
It is our policy to respect the privacy of all customers. We will
not monitor, edit, or disclose the contents of a customer's e-mail
unless (a) you authorise us to do so, (b) we must do so in order
to resolve technical problems on our site; or (c) unless required
to do so by law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with legal process
served on us; (2) protect and defend our rights or property; or
(3) act in an emergency to protect the safety of our customers or
the public. Customers shall remain solely responsible for the content
of their messages.
We reserve the right to remove or edit content from any Forum at
any time and for any reason.
By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of such
materials expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, publicly perform and display, create derivative
works from and distribute such materials or incorporate such materials
into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called
"moral rights" in those materials have been waived.
We cannot be responsible for the content or accuracy of any information.
Links to other sites
You should be aware that when using the Site, you may be directed
to other sites that are beyond our control. There are links to other
sites from the Site's pages that take you outside our service.
This includes links from advertisers, sponsors and partners that
may use our logo(s) as part of a co-branding agreement. These other
sites may send their own cookies to users, collect data, solicit
personal information, or contain information that you may find inappropriate
or offensive. In addition, advertisers on the Sites may send cookies
to users that we do not control.
We cannot be held responsible for the accuracy, copyright compliance,
legality or decency of material contained in sites listed in our
search results or otherwise linked to the Site.
We cannot guarantee the security of any information you disclose
online and you do so at your own risk.
Disclaimer
THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Soccerphile Ltd (henceforth 'we') explicitly disclaim any responsibility
for the accuracy, content, or availability of information found
on sites that link to or from the Site. We cannot ensure that you
will be satisfied with any products or services that you purchase
from a third-party site that links to or from the Site or third
party content on our sites. We do not endorse any of the merchandise,
nor have we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party sites or
content. We do not make any representations or warranties as to
the security of any information (including, without limitation,
credit card and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive any claim
against us with respect to such sites and third party content. We
strongly encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction
with any of these third parties.
Search is a free service offered by us. The World Wide Web changes
constantly, so no search engine technology can possibly have all
accessible sites at any given time. In addition, we explicitly disclaim
any responsibility for the content or availability of information
contained in our search facility.
You are entirely responsible for maintaining the confidentiality
of your password and membership account and for all activities that
occur under your account. You hereby indemnify, defend and hold
us and our affiliates and our officers, directors, owners, agents,
information providers, affiliates, licensers and licensees (collectively,
the "Indemnified Parties") harmless from and against any
and all liability and costs (including reasonable attorneys fees)
incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of this Agreement or claims arising
from your account. You shall use your best efforts to cooperate
with us in the defence of any claim. We reserve the right, at our
own expense, to assume the exclusive defence and control of any
matter otherwise subject to indemnification by you.
Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
The Site is controlled and operated by Soccerphile Ltd and its
affiliates from its offices in the United Kingdom and Japan. We
make no representation that materials on the Site are appropriate
or available for use in any particular location. Those who choose
to access the Site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws
are applicable.
These Terms are effective until terminated by either party. You
may terminate these terms at any time by discontinuing use of the
Site and destroying all materials obtained from the Sites and all
related documentation and all copies and installations thereof,
whether made under the terms of these terms or otherwise. These
terms will terminate immediately without notice from us if in our
sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must cease use of Soccerphile
and destroy all materials obtained from the Site and all copies
thereof, whether made under the terms of these terms or otherwise.
These Terms shall be governed by and construed in accordance with
the laws of the United Kingdom, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed only in
the courts located in London, United Kingdom and you hereby consent
and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provision of these terms shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions. This
is the entire agreement between us relating to the subject matter
herein and shall not be modified except in writing, signed by both
parties. |