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1. Your Acceptance
A. By using and/or visiting
this website (collectively, including all content and functionality
available through the iFutbal.com domain name, the "iFutbal Website",
or "Website"), you signify your agreement to (1) these terms
and conditions (the "Terms of Service"), (2)iFutbal's privacy
notice, found at http://www.ifutbal.com/privacy and incorporated here
by reference. If you do not agree to any of these terms, the iFutbal
privacy notice, please do not use the iFutbal Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version
http://www.ifutbal.com/terms.
iFutbal may, in its sole discretion, modify or revise these Terms of
Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be deemed
to confer any third-party rights or benefits.
2. Links
The Website may contain links
to third party websites that are not owned or controlled by iFutbal.
iFutbal is not affiliated with those websites, has no control over,
and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, iFutbal will not
and cannot censor or edit the content of any third-party site. By using
the Website, you expressly release iFutbal from any and all liability
arising from your use of any third-party website. Accordingly, we encourage
you to be aware when you have left the Website and to read the terms
and conditions and privacy policy of each other website that you visit.
3. iFutbal Website
A. These Terms of Service apply
to all users of the iFutbal Website, including users who are also contributors
of video content, information, and other materials or services on the
Website. The iFutbal Website includes all aspects of iFutbal, including
but not limited to iFutbal channels, the iFutbal "Embeddable Player,"
and the iFutbal "Uploader."
B. The iFutbal Website may
contain links to third party websites that are not owned or controlled
by iFutbal. iFutbal has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party
websites. In addition, iFutbal will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly
relieve iFutbal from any and all liability arising from your use of
any third-party website.
C. Accordingly, we encourage
you to be aware when you leave the iFutbal Website and to read the terms
and conditions and privacy policy of each other website that you visit.
4. iFutbal Accounts
A. In order to access some
features of the Website, you will have to create a iFutbal account.
You may never use another's account without permission. When creating
your account, you must provide accurate and complete information. You
are solely responsible for the activity that occurs on your account,
and you must keep your account password secure. You must notify iFutbal
immediately of any breach of security or unauthorized use of your account.
B. Although iFutbal will not
be liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of iFutbal or others due to such unauthorized
use.
5. General Use of the Website
"Permissions and Restrictions"
iFutbal hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute
in any medium any part of the Website, including but not limited to
User Submissions (defined below), without iFutbal's prior written authorization.
B. You agree not to alter or
modify any part of the Website, including but not limited to iFutbal's
Embeddable Player or any of its related technologies.
C. You agree not to access
User Submissions (defined below) or iFutbal Content through any technology
or means other than the video playback pages of the Website itself,
the iFutbal Embeddable Player, or other explicitly authorized means
iFutbal may designate.
D. You agree not to use the
Website, including the iFutbal Embeddable Player for any commercial
use, without the prior written authorization of iFutbal. Prohibited
commercial uses include any of the following actions taken without iFutbal's
express approval:
E. Prohibited commercial uses
do not include:
F. If you use the iFutbal Embeddable
Player on your website, you must include a prominent link back to the
iFutbal website on the pages containing the Embeddable Player and you
may not modify, build upon, or block any portion of the Embeddable Player
in any way.
G. If you use the iFutbal Uploader,
you agree that it may automatically download and install updates from
time to time from iFutbal. These updates are designed to improve, enhance
and further develop the Uploader and may take the form of bug fixes,
enhanced functions, new software modules and completely new versions.
You agree to receive such updates (and permit iFutbal to deliver these
to you) as part of your use of the Uploader.
H. You agree not to use or
launch any automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the
Website in a manner that sends more request messages to the iFutbal
servers in a given period of time than a human can reasonably produce
in the same period by using a conventional on-line web browser. Notwithstanding
the foregoing, iFutbal grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole
purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives
of such materials. iFutbal reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest
any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website
(e.g. comments, email) for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Website
with respect to their User Submissions.
I. In your use of the website,
you will otherwise comply with the terms and conditions of these Terms
of Service, and all applicable local, national, and international laws
and regulations.
J. iFutbal reserves the right to discontinue any aspect of the iFutbal Website at any time.
6. Your Use of Content
on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the iFutbal Website.
A. The content on the iFutbal Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to iFutbal, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. iFutbal reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the iFutbal Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the iFutbal Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the iFutbal Service or otherwise as prohibited under this Agreement.
D. You may access iFutbal Content, User Submissions and other content only as permitted under this Agreement. iFutbal reserves all rights not expressly granted in and to the iFutbal Content and the iFutbal Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the iFutbal Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the iFutbal Website or the Content therein.
G. You understand that when using the iFutbal Website, you will be exposed to User Submissions from a variety of sources, and that iFutbal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against iFutbal with respect thereto, and agree to indemnify and hold iFutbal, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
7. Your User Submissions
and Conduct
A. As a iFutbal account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, iFutbal does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize iFutbal to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to IFutbal, you hereby grant iFutbal a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the iFutbal Website and iFutbal's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the iFutbal Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iFutbal Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the iFutbal Service. You understand and agree, however, that iFutbal may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iFutbal all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
F. iFutbal does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and iFutbal expressly disclaims any and all liability in connection with User Submissions. iFutbal does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iFutbal will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. iFutbal reserves the right to remove Content and User Submissions without prior notice.
8. Account Termination Policy
A. iFutbal will terminate a
User's access to its Website if, under appropriate circumstances, they
are determined to be a repeat infringer.
B. iFutbal reserves the right
to decide whether Content or a User Submission is appropriate and complies
with these Terms of Service for violations other than copyright infringement,
such as, but not limited to, pornography, obscene or defamatory material,
or excessive length. iFutbal may remove such User Submissions and/or
terminate a User's access for uploading such material in violation of
these Terms of Service at any time, without prior notice and at its
sole discretion.
9. Notices of Infringement; Digital Millennium Copyright Act.
iFutbal respects the intellectual property rights of others, and requests you to do the same. iFutbal does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iFutbal will remove all Content if properly notified that such Content infringes on another's intellectual property rights. iFutbal reserves the right to remove Content without prior notice. iFutbal will also terminate a User's access to the Website, if they are determined to be a repeat infringer. iFutbal may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide iFutbal's Copyright Agent the following information:
iFutbal's Copyright Agent for Notice of claims of copyright infringement can be reached as follows: CR-agent@iFutbal.com
Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF
THE IFUTBAL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, IFUTBAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. IFUTBAL MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE IFUTBAL WEBSITE. IFUTBAL DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE IFUTBAL WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IFUTBAL
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL IFUTBAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IFUTBAL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT IFUTBAL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and
offered by iFutbal from its facilities in Canada. iFutbal makes no representations
that the iFutbal Website is appropriate or available for use in other
locations. Those who access or use the iFutbal Website from other jurisdictions
do so at their own volition and are responsible for compliance with
local law.
12. Indemnity
You agree to defend, indemnify
and hold harmless iFutbal, its parent corporation, officers, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and
access to the iFutbal Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive these
Terms of Service and your use of the iFutbal Website.
13. Ability to Accept Terms
of Service
You affirm that you are either
more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide by
and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the iFutbal Website is not intended for
children under 13. If you are under 13 years of age, then please do
not use the iFutbal Website. There are lots of other great web sites
for you. Talk to your parents about what sites are appropriate for you.
14. Assignment
These Terms of Service, and
any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by iFutbal without restriction.
15. General
You agree that: (i) the iFutbal Website shall be deemed solely based in Nova Scotia; and (ii) the iFutbal Website shall be deemed a passive website that does not give rise to personal jurisdiction over iFutbal, either specific or general, in jurisdictions other than Nova Scotia. These Terms of Service shall be governed by the internal substantive laws of the Province of Nova Scotia, without respect to its conflict of laws principles. Any claim or dispute between you and IFutbal that arises in whole or in part from the iFutbal Website shall be decided exclusively by a court of competent jurisdiction located in Halifax, Nova Scotia. These Terms of Service, together with the Privacy Notice at http://www.iFutbal.com/privacy and any other legal notices published by iFutbal on the Website, shall constitute the entire agreement between you and iFutbal concerning the iFutbal Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and iFutbal's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. iFutbal reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the iFutbal Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND IFUTBAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IFUTBAL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
