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» Thu August 28 2008 |
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Site Terms of Use
Terms and Conditions
Welcome to MySportFocus.com ("Website").
SportFocus Limited ("Company") allows you to use the Website and its services in connection with sports and leisure including on line resources, communication tools, on line forums, personalised content and branded programming ("Services") including all information, data text, software, music, sound, photographs, graphics, video and other materials ("Content") on the following terms ("Terms").
The Company may change or add to the Terms at any time and change, upgrade, discontinue or impose conditions on any aspect of the Website. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice.
You can review the most current version at any time located at SportFocus. Continued use of the Website and Services after such notification means you accept any changes.
- LICENCE
- You acknowledge and agree that the Service and any necessary software, any enhancements or modifications thereto and related documentation used in conjunction with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Company grants you a non-exclusive, personal, non-transferrable revocable right and licence under the Terms to access the Website and to use the object code of its Software that is incidental to this Service solely for the purposes of recreational sports communication on a single computer.
- You shall not allow any third party to modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover the Source Code of the Software, publicly perform, publicly display, digitally perform, distribute or transfer the Software or Services. You shall not remove any proprietary rights notices or markings in the Software or Website.
- You agree not to access the Services by any means other than the interface provided by the Company for use in accessing the Services. You shall not exceed the scope of the licence granted in the Terms.
- INTELLECTUAL PROPERTY
- The Company and its various third party providers and distributors shall retain all right, title and interest in and to all copyright, trade marks, trade secrets, patents and all other intellectual property embodied in the Content and Software or pertaining to the Website. In addition, you shall abide by all copyright, trademark or other legal notices. There are no implied licences under this Agreement, and any rights not expressly granted to you hereunder are reserved by the Company or its various third party providers and distributors.
- This Website is protected by copyright; "© 2001 SportFocus Limited, all rights reserved". Any use of any portion of the Website, including reproduction for purposes other than those specified herein, modification, distribution, or publication, are expressly prohibited without the prior written permission of the Company.
- "SportFocus" and "MySportFocus.com" and the Company's logo are trademarks and service marks of the Company. All other trademarks, product names and company names or company logos featured on the Website are the property of their respective owners.
- YOUR CONDUCT
- You hereby represent and warrant to the Company as follows: (i) you have full power and authority to enter into and perform this Agreement; (ii) all action on your behalf necessary for the execution and delivery of this Agreement and the performance of all of his obligations hereunder, has been taken, and this Agreement constitutes a valid and legally binding obligation enforceable in accordance with its terms.
- You must access the Service only as directed by the Company. You understand that all Content whether publicly posted or privately transmitted ("Posted Content"), is the sole responsibility of the person posting such Posted Content. This means that you, and not the Company are entirely responsible for all Content that you upload, transmit or otherwise make available via the Services and any bulletin boards on the Website.
- The Company does not warrant or represent that the Posted Content you submit to the Website will be protected against loss, misuse, or alteration by third parties. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Posted Content, including, but not limited to, any errors or omissions in any Posted Content, or any loss or damage of any kind incurred as a result of the use of any Posted Content which is posted, emailed, transmitted or otherwise made available via the Services. You acknowledge that the Company has no liability for the accuracy of the Content or Posted Content.
- You agree to not use the Services or the Website to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, harmful to minors in any way, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or misrepresent your identity or affiliation with any person to take any steps to disguise the origin of a message or any Content;
- upload, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, transmit or otherwise make available any Content that is in breach of or infringes any copyright, patent, trademark or other intellectual property rights of any party.
- upload, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
- upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Software or any computer software, hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or otherwise act in a manner that (i) adversely affects the provision of the Services or our access to the Services or equipment by a third party or (ii) interferes with or disrupts the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable national or international law;
- you must not reproduce, duplicate, copy, sell or resell all or any portion of the Software, Content or Posted Content without prior written authorisation.
- You acknowledge that the Company does not pre-screen Posted Content which is the sole responsibility of you, but that the Company shall have the right (but not the obligation) in its sole discretion to move any Posted Content that is available via the Service. The Company does not guarantee the accuracy, integrity or quality of such Posted Content. You agree that you must evaluate, and bear all risks associated with the use of any Posted Content, including any reliance on the accuracy, completeness, or usefulness of such Posted Content. In this regard, you acknowledge that you may not rely on any Posted Content including without limitation information on the Company bulletin boards and in all other parts of the Service.
- You acknowledge and agree that the Company may use, copy and disclose Posted Content (i) for the purpose of providing Services (ii) to administer your account (iii) to keep records; and/or (iv) as required to do so by law, preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to; (v) enforce the Terms; (vi) respond to claims that any Content violates the rights of third-parties; (vii) to sub-licence these rights granted under this clause 3.6 to allow other users of the Website access to and use of the Posted Content.
- You understand and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- PRIVACY
Any registration data and certain other personal information about you is subject to our Privacy Policy. Please click here for full details. By agreeing to the Terms you agree to the transfer of any personal information out of the UK and in particular to the United States in accordance with the terms of the Privacy Policy.
- DISCLAIMER OF WARRANTIES
- The Company provides the Website and any Services performed hereunder "as is" and without any warranty of any kind. To the fullest extent permitted by law, the Company and its various third party providers and distributors disclaim any warranties conditions and other terms not set out in the Terms whether express or implied (whether by law, custom or otherwise) including merchantability, satisfactory quality, fitness for purpose, reasonable care and skill or non-infringement.
- The Company will take reasonable steps to ensure but does not guarantee that the Software and the operation of the Website will be uninterrupted or free from errors, viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines. It is recommended that you use your own virus protection software.
- The Company and its various third party providers and distributors make no warranties as to the accuracy, reliability, completeness or timeliness of Content, Posted Content the material, services, graphics, software and hyperlinks in or pertinent to or accessed from the Website.
- INDEMNITY
You agree to defend, indemnify and hold the Company and its directors, officers, agents and employees harmless from any claim or demand, including for any and all losses, costs, liabilities or expenses (including without limitation reasonable legal and expert witness fees) made by any third party incurred or arising from your use of the Website, any Posted Content placed on the Website by you, or any breach by you of your covenants and obligations under this Agreement. The Company's indemnity rights shall not be limited or offset by any contributory negligence by the Company. The Company may participate in the defence of any such claim at its expense.
- LIMITATIONS ON LIABILITY
In no event shall the Company or its various third party providers and distributors be liable for any losses whether direct, indirect, incidental, consequential, special or exemplary damages or for interrupted communications, lost data or lost profits (even if the Company has been advised or knows or should know of the possibility of such damages arising) suffered or incurred as a result of or in connection with using the website services and/or Software. You shall bear the entire risk of using or relying on the Website, any Content or Posted Content. Nothing in this Clause [7] shall exclude or limit the Company's liability in respect of fraudulent misrepresentation or death or personal injury arising from the Company's negligence.
- ADVERTISERS, LINKS
- Any dealings or contact with advertisers, suppliers, merchants or any third party found on the Website or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- The Website may contain links to websites maintained by other companies, individuals or agencies which are provided as a convenience to SportFocus users. These linked websites are not under the control of the Company and are provided merely as a convenience. The inclusion of such links does not imply an endorsement, and the Company is not responsible for the accuracy of information or content on such websites. The Company does not monitor or review the Content of such third party websites and therefore advises you that your access by link to third party websites is at your own risk. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- TERMINATION
- The Company may, at its sole discretion, terminate or suspend your access to all or part of the Website for any reason without prior notice, including, without limitation, breach of the Terms.
- You acknowledge that site administrators have the right to terminate your use without notice if you restrict, inhibit or disrupt any SportFocus event or attempt to alter or improperly access any feature or function of the Website.
- You further acknowledge and agree that the Company will cooperate with law enforcement officials in the manner and to the extent necessary to preserve SportFocus activities and may, among other things, terminate your use without notice if so deemed necessary by the Company in its sole discretion.
- GENERAL
- The Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company.
- The parties to this contract are independent contractors and no agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
- The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
- If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- Neither this Agreement nor any of your rights or obligations may be assigned by you in whole or in part. Any assignment in derogation of the foregoing shall be void.
- Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes, material shortages or any other cause that is beyond the reasonable control of such party.
- Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, five (5) days after the date of mailing.
- The section headings in the Terms are for convenience only and have no legal or contractual effect. The words "include" or "including" shall be construed without limitation. The words in singular include the plural and vice versa.
- APPLICABLE LAW
This Agreement shall be interpreted, construed and enforced in all respects in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts.
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