FootballReach.com Terms and Conditions
By using the FootballReach.com website you agree to the following Terms and Conditions for our Service: -
BETA TEST WARNING. FootballReach.com's Football Team/Club/League management and Football related social networking platform (the "Service") is currently in its BETA version and undergoing BETA testing. You understand and agree that the Service may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Service at this stage signifies your understanding of and the agreement to participate in the Service's BETA testing.
1. ACCEPTANCE OF TERMS OF SERVICE
Welcome to www.footballreach.com, the Football related social networking platform (the "Service") supplied by Football Reach ("Football Reach"). Your use of the Service (as a 'Service User') is subject to these Terms and Conditions ("T&Cs"). Football Reach reserves the right to update and change the T&Cs from time to time without notice or acceptance by you. The T&Cs will also be applicable to the use of the Service on a trial basis. By using this Service you irrevocably agree to comply with these T&Cs. If you do not agree to comply with these T&Cs please discontinue your use of this Service. We will not be responsible for any loss or damages whatsoever arising from your use of this Service. Your sole recourse is to discontinue use of the Service.
2. FOOTBALL REACH SERVICE
In order to access the Service each user must register with the Service and become an account holder. Each account holder will thereupon receive his or her own web space and be permitted to:
create and update Football Related Team/Club/League Websites, Data, Text, Photographs, Graphics, Video, Messages, Goods, Products, Blogs, Events, Forum Posts, Polls, Services, Facilities or other materials ("Content")
This will also include receipt of the Football Reach Newsletter, Service announcements, administrative messages and other communications from Football Reach. Each Service User may be permitted to opt out of receipt of these. Furthermore, unless explicitly stated otherwise any changes to the Service, including new features and resources, will also be subject to the T&Cs. Each Service user is personally responsible for the costs associated with accessing the World Wide Web and use of a computer (or other access device)
3. REGISTRATION OF ACCOUNT
An account will be set up once you have provided Football Reach with :-
A valid email address
Registration Data (other personal information - which will be regularly updated to ensure that it is true and accurate)
Confirmation that you are over the age of 13
You will choose a password and User ID in order to access your account. Once an account has been set up you agree to maintain the confidentiality of your password and account. You also agree to be personally responsible for the usage of this account. You will notify Football Reach of any breach of security either proven or suspected in writing. You will ensure that you logout of each session in order to adhere to the above. Football Reach cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3 including any unauthorised uses of the account or any other breaches of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Football Reach has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Football Reach has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). For further information please see clause 4 below.
4. TERMINATING OR CANCELLING YOUR ACCOUNT
You are free to cancel your usage of the service by cancelling your account as you may wish. Please note however, that this cancellation will take effect immediately. Following cancellation you will no longer have access to your account and its contents. Football Reach reserves the right to delete your information and account content once you have cancelled your account and cannot and will not be held responsible for the same.
Football Reach may terminate your account and/or password in the following circumstances:-
The lack of use of said account
If it suspects you have violated or acted inconsistently with the letter or spirit of the T&Cs
where you have cancelled your account
Any contracts, verbal or written or assumed, in conjunction with your deleted Football Reach Content (as applicable) and all its parts, at Football Reach's discretion, will be terminated as well. Football Reach may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this T&Cs may be effected without prior notice, and acknowledge and agree that Football Reach may immediately deactivate or delete your Football Reach Content, as applicable, and all related information and files. Football Reach reserves the right to bar any further access to such files or the Service. You agree that Football Reach shall not be liable to you or any third-party for any termination of your access to the Service.
6. WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and Content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the web site. You acknowledge and agree that under no circumstances will Football Reach be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that each User is personally responsible for all information, Football Related Team/Club/League Websites, Data, Text, Photographs, Graphics, Video, Messages, Products, Blogs, Facilities or other similar materials ("Content"). Football Reach will not take responsibility for all Content that you upload, post, transmit or otherwise make available via the Service. Football Reach will not guarantee the accuracy, integrity or quality of content posted by users.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Football Reach be liable in any way for any Content, including, but not limited to, for 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, transmitted or otherwise made available via the Service. You acknowledge that Football Reach does not pre-screen Content, but that Football Reach and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Football Reach and its designees shall have the right to remove any Content that violates the T&Cs or is otherwise objectionable in Football Reach's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Football Reach or submitted to Football Reach. You acknowledge and agree that Football Reach may 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: (a) comply with legal process; (b) enforce the T&Cs; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Football Reach, its users and the public.
You understand that the technical processing and transmission of the Service, 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.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Football Reach's sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Football Reach official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorisations, or (c) Football Reach determines, in its sole discretion, is inappropriate for sale through the Service provided by Football Reach;
(n) use the Service as a forwarding service to another website;
(o) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;
(q) make any automated use of the system.
If any user is reported to be in violation with the letter or spirit of these terms, Football Reach retains the right to terminate such account at any time without further warning.
8. ADDITIONAL SOFTWARE AND CONTENT
With respect to any additional software that may be made available by Football Reach in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.
You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorised under that third party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
10. CONTENT SUBMITTED
Football Reach does not claim ownership of the Content you place on the Football Reach Website. By submitting Content to the Football Reach site, you grant Football Reach a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content on Football Reach's Internet properties. This license exists only for as long as you continue to be a Football Reach customer and shall be terminated at the time your Web site is terminated.
You acknowledge that Football Reach does not pre-screen Content, but that Football Reach and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Football Reach and its designees shall have the right to remove any Content that violates the T&Cs or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for Football Reach to provide the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 Football Reach 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 Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Football Reach has no control over such sites and resources, you acknowledge and agree that Football Reach is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Football Reach 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.
You agree to indemnify and hold Football Reach, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the T&Cs, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
Football Reach makes every effort to ensure that the information on this website is accurate and up-to-date. However, Football Reach accepts no liability or responsibility whatsoever for any loss or damage suffered by any user of the information contained on this Website.
Nothing on this Website constitutes advice, nor does the transmission, downloading or sending of any information or the Material create any contractual relationship.
14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Football Reach.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Football Reach may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.
16. MODIFICATIONS TO SERVICE
Football Reach reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Football Reach shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. FOOTBALL REACH'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Football Reach or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PITCHERO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) FOOTBALL REACH WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, FOOTBALL REACH IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORISED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. FOOTBALL REACH DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&Cs.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOOTBALL REACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOOTBALL REACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the T&Cs or other matters by displaying notices or links to notices to you generally on the Service. The T&Cs and the relationship between you The T&Cs shall be governed and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English courts to which you hereby submit. The failure of Football Reach to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. The T&Cs constitutes the entire agreement between you and Football Reach and govern your use of the Service, superseding any prior agreements between you and Football Reach (including, but not limited to, any prior versions of the T&Cs). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Football Reach services, third-party content or third-party software. If any provision of the T&Cs or incorporated documents are 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 T&Cs remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&Cs must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T&Cs are for convenience only and have no legal or contractual effect.
Please report any violations of the T&Cs to TandCAbuse@footballreach.com