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Terms Of Service

Effective Date: June 1, 2007

Welcome to the SeriousSoccer.net website, which is located at SeriousSoccer.net (the "Website"). This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the SeriousSoccer.net Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the SeriousSoccer.net Service. Use of the SeriousSoccer.net Website constitutes your acceptance of and agreement to this TOS.

SeriousSoccer.net reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the SeriousSoccer.net Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the SeriousSoccer.net Service. Your continued use of the SeriousSoccer.net Website following posting of a change notice or new TOS on the SeriousSoccer.net Website will constitute binding acceptance of the changes.

1. The SeriousSoccer.net Service.
    SeriousSoccer.net provides a number of Internet-based services through the Website (all such services, collectively, the "SeriousSoccer.net Service"). SeriousSoccer.net allows all users to browse the Website and purchase Products from the Store. SeriousSoccer.net may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.

2. Use of the Web Site and SeriousSoccer.net Service.

    2.1 Eligibility. SeriousSoccer.net will only knowingly provide the SeriousSoccer.net Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the SeriousSoccer.net Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The SeriousSoccer.net Service is not intended for children under the age of 13.

    2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the SeriousSoccer.net Service and the Website.

    2.3 Your License to Use the Web Site and the SeriousSoccer.net Service.

      (a) SeriousSoccer.net solely and exclusively owns all intellectual property and other rights, title and interest in and to the SeriousSoccer.net Service and Website, except as expressly provided for in these TOS. For example and without limitation, SeriousSoccer.net owns the trademarks SERIOUSSOCCER(SM), SeriousSoccer.net, SeriousSoccer.net & ; the copyrights in and to the Website, and certain technology used in providing the SeriousSoccer.net Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by SeriousSoccer.net.

      (b) SeriousSoccer.net grants you a limited revocable license to access and use the Website and the SeriousSoccer.net Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by SeriousSoccer.net; to compete with SeriousSoccer.net; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, SeriousSoccer.net may revoke the license granted to you.

      (c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.3.

    2.4 Third-Party Services. SeriousSoccer.net may use third parties to provide certain services accessible through the Website. SeriousSoccer.net does not control those third parties or their services, and you agree that SeriousSoccer.net will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with SeriousSoccer.net's TOS, agreements or policies, you must comply with SeriousSoccer.net's TOS, agreements or policies, as applicable.

    3. General Rules.

      3.1 Prohibited Use. You may only use the SeriousSoccer.net Service as expressly permitted by SeriousSoccer.net. You may not cause harm to the Website or the SeriousSoccer.net Service. Specifically, but not by way of limitation, you may not: (i) interfere with the SeriousSoccer.net Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the SeriousSoccer.net Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the SeriousSoccer.net Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain SeriousSoccer.net's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the SeriousSoccer.net Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.

      3.2 Privacy Policy. By entering into this TOS, you agree to SeriousSoccer.net's collection, use and disclosure of your personal information in accordance with the Privacy Policy.

      3.3 Ordering Policies. If If you purchase Products, you agree to do so in accordance with SeriousSoccer.net's Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.

    4. Reservation of Rights.

      4.1 Monitoring. SeriousSoccer.net reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If SeriousSoccer.net determines, in its sole and absolute discretion, that you or another SeriousSoccer.net user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, SeriousSoccer.net may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

      4.2 Modification of the Service. SeriousSoccer.net reserves the right to modify the organization, structure or "look and feel" of the SeriousSoccer.net Service or the Website, and may change, suspend, or discontinue any aspect of the SeriousSoccer.net Service at any time without any liability to you or any third party. SeriousSoccer.net shall have complete discretion over the features, functions, prices and other terms and conditions on which the SeriousSoccer.net Service is offered to SeriousSoccer.net users.

    5. Submissions.

      When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant SeriousSoccer.net permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that SeriousSoccer.net will have no obligation to keep any Submissions confidential. You will not bring a claim against SeriousSoccer.net based on "moral rights" or the likes arising from SeriousSoccer.net's use of a Submission.

    6. Representations and Warranties.

      6.1 Mutual Representations and Warranties. You represent and warrant to SeriousSoccer.net and SeriousSoccer.net represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.

      6.2 By You. You represent and warrant to SeriousSoccer.net that, in your use of the SeriousSoccer.net Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to SeriousSoccer.net that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) SeriousSoccer.net will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that SeriousSoccer.net incurs in providing the SeriousSoccer.net Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

    7. Disclaimers and Exclusions.

      DISCLAIMER OF WARRANTIES. SeriousSoccer.net PROVIDES THE WEBSITE AND SeriousSoccer.net SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SeriousSoccer.net DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SeriousSoccer.net SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SeriousSoccer.net MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

    8. Limitation of Liability.

      LIMITATION OF LIABILITY. SeriousSoccer.net WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SeriousSoccer.net SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY SeriousSoccer.net TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.

    9. Indemnification.

      You must indemnify and hold SeriousSoccer.net and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify SeriousSoccer.net under this Section, SeriousSoccer.net will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without SeriousSoccer.net's express written permission.

    10. Termination.

      10.1 Termination. In its sole discretion, with or without notice to you, SeriousSoccer.net may: (i) suspend, limit your access to or terminate your use of the Website and/or the SeriousSoccer.net Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from SeriousSoccer.net's servers and directories and (iv) prohibit you from using the SeriousSoccer.net Service and/or the Website.

      10.2 Survival. Notwithstanding Section 10.1 above, this TOS will survive indefinitely unless and until SeriousSoccer.net chooses to terminate this TOS.

      10.3 Effect of Termination. If you or SeriousSoccer.net terminates your use of the Website or the SeriousSoccer.net Service, SeriousSoccer.net may delete any Content or other materials relating to your use of the SeriousSoccer.net Service on SeriousSoccer.net's servers or otherwise in its possession and SeriousSoccer.net will have no liability to you or any third party for doing so.

    11. Notice.

      All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) CanadaPost mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to SeriousSoccer.net, you must use the following addresses: 313-82 Armstrong Crt., Halifax, NS Canada B3M4M6, TOS@SeriousSoccer.net. If SeriousSoccer.net provides notice to you, SeriousSoccer.net will use the contact information provided by you to SeriousSoccer.net. All notices will be deemed received as follows: (i) if by delivery by CanadaPost mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

    12. Miscellaneous.

      These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the Province of Nova Scotia without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of SeriousSoccer.net. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and SeriousSoccer.net are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.



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