INTRODUCTION
Welcome to Soccernet.com (the
"Site"). The Site is operated by the Soccernet
partnership and Walt Disney Internet Group and their affiliates
(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.
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. Please check these terms periodically for
changes. Your continued use of this site following the
posting of changes to these terms will mean you accept
those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this
site are the copyrighted property of Soccernet, Disney
Enterprises, Inc., ESPN Internet Group, or their subsidiaries
or affiliated companies and/or third party licensors.
All trademarks, service marks, and trade names are proprietary
to Soccernet, Disney Enterprises, Inc., ESPN Internet
Group or their affiliates. 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
home 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, trade names and trade dress are proprietary
to us.
In the event you download software
from the Site, the software, including any files, images
incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software")
are licensed to you by us or third party licensors for
your personal, non-commercial home use only. We do not
transfer title to the Software to you. You own the medium
on which the Software is recorded, but we (or third party
licensors) retain full and complete title to the Software,
and all intellectual property rights therein. You may
not redistribute, sell, de-compile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-readable
form.
Specific Restrictions Required
by Subset of Licensors
Reuters content. This
site contains material which are the intellectual property
of Reuters Limited. Any copying, republication or redistribution
of Reuters content, including by caching, framing or similar
means, is expressly prohibited without the prior written
consent of Reuters. Reuters shall not be liable for any
actions taken in reliance thereon.
Ananova content. Some
of the news content is © Copyright Ananova Ltd 2000, and
all rights are reserved
SUBMISSIONS
We are pleased to hear from our
users and welcome your comments regarding our products
and services. Unfortunately, however, our long-standing
company policy does not allow us to accept or consider
creative ideas, suggestions, or materials other than those
we have specifically requested. We hope you will understand
that it is the intent of this policy to avoid the possibility
of future misunderstandings when projects developed by
our professional staff might seem to others to be similar
to their own creative work. Accordingly, we must, regretfully,
ask that you do not send us any unsolicited original creative
materials such as stories or ideas, screenplays, or original
artwork. While we do value your feedback on our services
and products, we request that you be specific in your
comments on those services and products, and not submit
any creative ideas, suggestions, or materials.
If, at our request, you send certain
specific submissions (e.g., postings to chat, 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 AND PUBLIC COMMUNICATION
"Forum" means a chat
area, message board, or e-mail function offered as part
of this site. If you participate in any Forum within
the Site, you must not:
-
defame, abuse, harass or threaten
others;
-
make any bigoted, hateful
or racially offensive statements;
-
advocate illegal activity
or discuss illegal activities with the intent to commit
them;
-
post or distribute any material
that infringes and/or violates any right of a third
party or any law;
-
post or distribute any vulgar,
obscene, discourteous or indecent language or images;
-
advertise or sell to, or solicit
others;
-
use the Forum for commercial
purposes of any kind;
-
post or distribute any software
or other materials which contain a virus or other
harmful component; or
-
post material or make statements
that do not generally pertain to the designated topic
or theme of any chat room or bulletin board.
It is our policy to respect the
privacy of all customers. Therefore, in addition to the
privacy of Registration data (see our UPDATED Privacy
Policy), we will not monitor, edit, or disclose the
contents of a customer's e-mail unless (a) you authorize
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.
Never assume that people are who
the say they are, know what they say they know, or are
affiliated with whom they say they are affiliated with
in any chat room, message board, or other user generated
content area. Information obtained in a Forum may not
be reliable, and it's not a good idea to trade or make
any investment decisions based solely or largely on information
you can't confirm. We cannot be responsible for the content
or accuracy of any information, and shall not be responsible
for any trading or investment decisions made based on
such information.
CONTENT LINKED TO SITE
Please exercise discretion while
browsing the Internet using this site. You should be aware
that when you are on the Site, you could 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. For example, if you "click" on
a banner advertisement or a search result, the "click"
takes you off the Site. 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.
Soccernet does not condone the
practice "deep-linking" (i.e., the practice
of bypassing the homepage of a site, without the site
owner's consent, in order to link directly to text displayed
"deep" within the site). We reserve the right
to disable any deep links from other sites into the Sites.
We make no representations concerning
any effort to review the content of sites listed in any
of our directories. Consequently, 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.
Please keep in mind that whenever
you give out personal information online --- for example,
via message boards or chat --- that information can be
collected and used by people you don't know. While Soccernet
strives to protect your personal information and privacy,
we cannot guarantee the security of any information you
disclose online and you do so at your own risk.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE
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.
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 and Directory are free
services offered by us. Because the Web changes constantly,
no search engine technology can possibly have all accessible
sites at any given time. Thus, we explicitly disclaim
any responsibility for the content or availability of
information contained in our search index or directories.
INDEMNIFICATION
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 defense of any claim. We reserve the right,
at our own expense, to assume the exclusive defense 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.
JURISDICTIONAL ISSUES
The Site is controlled and operated
by Soccernet and its affiliates from its offices in the
United Kingdom, California, Washington, New York, and
Connecticut. 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. Software from this site is further
subject to United States export controls. No software
from this site may be downloaded or otherwise exported
or reexported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in,
under the control of, or a national or resident of any
such country or on any such list.
TERMINATION
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 Soccernet and destroy all materials
obtained from the Site and all copies thereof, whether
made under the terms of these terms or otherwise.
OTHER
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.