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Terms of Use

TERMS OF USE OF ABOUTABALL (www.aboutaball.co.uk)

ABOUT Aboutaball AND THESE TERMS OF USE: The Aboutaball service is an online football community and social networking service that allows members to create unique personal profiles to submit, rank, comment on and share the latest football news while connecting with friends, teams and fans from around the world (the “Service”). These Terms of Use govern your use of the Service, including, without limitation, your use of any software that Aboutaball makes available to users of the Service (the “Software”) and your use of the Aboutaball Web site currently located at www.Aboutaball.co.uk (the “Site”). In these Terms of Use, the Service, the Software, and the Site are collectively referred to as the “Aboutaball.” Aboutaball, LLC (“Aboutaball” or “we”) owns and operates the Aboutaball. Please read these Terms of Use carefully. By using the Aboutaball, you are confirming that you have read and understand, and agree to be bound by, these Terms of Use as they may be amended by Aboutaball from time to time in its sole discretion. If you do not agree to these Terms of Use, you may not use the Aboutaball.

ELIGIBILITY: The Aboutaball is not intended for children under 13. If you are under 13 years of age, please do not use the Aboutaball. You affirm that you are the applicable age of majority or older. You also affirm that you are fully able and competent to enter into these Terms of Use and to abide by and comply with them.

YOUR RESPONSIBILITIES: By using the Aboutaball, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form and (b) maintain and update such information so that it is accurate, current, and complete at all times. In addition, you agree not to use the Aboutaball to: (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, 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; (v) stalk, harass, or harm another individual; (vi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (vii) interfere with or disrupt the Aboutaball; or (viii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Aboutaball in connection with the Aboutaball.

OWNERSHIP; RESTRICTIONS ON USE: The content on the Aboutaball, other than User Content (defined below), including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the “Aboutaball” word mark and the Aboutaball design mark, as well as certain other of the names, logos, and materials displayed on or through the Aboutaball that constitute trademarks, tradenames, service marks or logos (“Marks”) are owned by or licensed to Aboutaball and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Aboutaball or any portion of the Aboutaball, including, without limitation, Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by Aboutaball and its applicable licensors. The Aboutaball is provided for your personal, non-commercial use only. You must abide by all copyright or other proprietary notices, information, or restrictions contained in or associated with any Content.

USER CONTENT: The Aboutaball may enable you to submit your own media and other content to the Aboutaball (collectively “User Content”). When you provide Aboutaball with User Content, you grant Aboutaball, its affiliates, officers, directors, employees, consultants, agents, and representatives, a non-exclusive, fully-paid, royalty-free, worldwide, transferable, sub-licensable, license to publicly display, publicly perform, distribute (including, without limitation, through third party Web sites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. You agree that you have no expectation of compensation or confidentiality of any nature with respect to your User Content. You agree that Aboutaball may publish or otherwise disclose your name, including username, in connection with your User Content. You represent and warrant that: (a) you own all rights in your User Content or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Aboutaball the rights in your User Content described herein; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, arising from any use or commercial exploitation of your User Content, and Aboutaball will not be responsible for such obligations; (c) you are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your User Content to grant the rights to Aboutaball described herein; (d) you will make such permissions available to Aboutaball upon request; and (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available to Aboutaball upon Aboutaball’s request.

USE OF SOFTWARE: Aboutaball may make certain Software available to you on or through the Aboutaball. Subject to these Terms of Use, Aboutaball grants you a limited, non-exclusive, non-transferable, non-assignable license (without right to sublicense), license to install and use one copy of the Software only on your personal computer system in machine-executable object code form for your personal, noncommercial use. Aboutaball does not transfer either the title or the intellectual property rights to the Software, and Aboutaball retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. You acknowledge that the laws and regulations of the U.S. restrict the export and re-export of commodities and technical data of U.S. origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the U.S. or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) a national or resident of any country to which the U.S. has embargoed goods, or (b) on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders.

COPYRIGHT INFRINGEMENT:

(a) Copyright Infringement Notification. Pursuant to 17 U.S.C, § 512, Aboutaball has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. Upon proper notice, Aboutaball will remove User Content that violates copyright law, suspend access to the Aboutaball (or any portion thereof) to any user who uses the Aboutaball in violation of copyright law, and terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please send Aboutaball’s designated agent a notification of claimed infringement with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Aboutaball to locate such material; (iv) information reasonably sufficient to permit Aboutaball to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of such material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this infringement notification to be effective, you must provide it to Aboutaball’s designated agent at:

legal@aboutaball.co.uk

By submitting an infringement notification, you acknowledge and agree that Aboutaball may forward your infringement notification and any related communications to any users who posted the material identified in such notice or to other third parties.

(b) Counter Notification. If you believe that your User Content has been wrongfully removed from the Aboutaball, you may send Aboutaball a counter notification. Pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a counter notification.

In compliance with 17 U.S.C, § 512, your counter notification, to be effective, must be in writing, sent to Aboutaball’s designated agent (identified above), and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Aboutaball; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Central District of California, for addresses outside the U.S.) and agree to accept service of process from the person who submitted the original infringement notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit.

By submitting a counter notification, you acknowledge and agree that Aboutaball may forward your counter notification and any related communications to the person who submitted the original infringement notification that resulted in the removal of your User Content or to other third parties.

TERMINATION: Your right to use the Aboutaball automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Aboutaball. Aboutaball reserves the right, in its sole discretion, to terminate your access to all or part of the Aboutaball, for any reason, with or without notice. FURTHER, YOU AGREE THAT Aboutaball SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER CONTENT OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE Aboutaball (OR ANY PORTION THEREOF). Aboutaball reserves the right to investigate your use of the Aboutaball in the event Aboutaball, in its sole discretion, believes you have violated these Terms of Use.

MONITORING OF CONTENT: Aboutaball does not, as part of a regular, established practice, monitor, control, or have knowledge of the content transmitted using the Aboutaball. You agree that you are solely responsible for all content you transmit and receive using the Aboutaball.

PRIVACY POLICY: When you register to become a member, Aboutaball collects certain personal information about you. You agree that Aboutaball may use any information Aboutaball obtains about you in accordance with the provisions of Aboutaball’s Privacy Policy. Aboutaball’s privacy policy is expressly incorporated into these Terms of Use by this reference.

PASSWORD AND SECURITY: You are responsible for maintaining the confidentiality of your Aboutaball password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Aboutaball of any unauthorized use of your password or any other breach of security related to the Aboutaball. Aboutaball reserves the right to require you to alter your password if Aboutaball believes that your password is no longer secure. Aboutaball WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.

DISCLAIMER OF WARRANTIES: Aboutaball HEREBY DISCLAIMS ALL WARRANTIES. Aboutaball IS MAKING THE Aboutaball AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE Aboutaball. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Aboutaball EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE Aboutaball, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Aboutaball DOES NOT WARRANT THAT THE Aboutaball WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE Aboutaball WILL BE UNINTERRUPTED OR ERROR-FREE. Aboutaball MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE Aboutaball OR THE CONTENT OF ANY WEB SITES LINKED TO THE Aboutaball 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 OR USE OF THE Aboutaball; (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 THE Aboutaball; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Aboutaball BY ANY THIRD PARTY; AND/OR (VI) 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 ON OR THROUGH THE Aboutaball.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Aboutaball OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE Aboutaball.

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 and disclaimers may not apply to you. To the extent Aboutaball may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Aboutaball’s liability shall be the minimum permitted under such applicable law.

INDEMNITY: You agree to indemnify, defend, and hold harmless Aboutaball, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or relating to (a) your (or anyone using your account’s) access to or use of any part of the Aboutaball, (b) your (or anyone using your account’s) violation of these Terms of Use, or (c) your (or anyone using your account’s) infringement of any intellectual property rights or other rights of any third party. Aboutaball reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Aboutaball in asserting any available defenses.

VENUE AND CHOICE OF LAW: These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to any rules regarding conflict of laws, regardless of where you live. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County in the State of California in all disputes arising out of or relating to the Aboutaball.

THIRD PARTY WEB SITES AND LINKS: The Aboutaball may contain links to third party Web sites or Internet resources that are not owned or controlled by Aboutaball. Aboutaball’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Aboutaball’s endorsement of such other Web site or resource or its contents. Aboutaball SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEB SITE OR INTERNET RESOURCE, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Aboutaball OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING.

SEVERABILITY: If, for whatever reason, a court of competent jurisdiction finds any provision in these Terms of Use to be unenforceable, such unenforceable provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms of Use shall continue in full force and effect.

WAIVER: No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MODIFICATIONS: Aboutaball may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify part or all of the Aboutaball; and (c) discontinue part or all of the Aboutaball. Aboutaball shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately upon such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Aboutaball after any revision has been posted to the Site, you shall abide by any such revision.

ACKNOWLEDGEMENT: BY USING ANY PART OF THE ABOUTABALL WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Effective Date: 01 Jan 2009

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