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Terms Of Service
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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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