Introduction. Welcome to iSoccer's websites (the "Sites") operated by iSoccer, Inc. ("iSoccer"). Please read the following terms and conditions of use ("Terms") carefully as they contain the legal terms and conditions of an agreement ("Agreement") that you agree to when you access the Sites or use the iSoccer services provided to you by iSoccer through the Sites including, without limitation, any training program, competition or challenges, both online and off-line, and all other services accessed through the Sites (collectively, the "Services").
BY ACCESSING OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THE TERMS OF SECTIONS A AND C WHICH CONTAIN PROVISIONS APPLICABLE TO ALL USERS OF THE SERVICES, INCLUDING CASUAL VISITORS TO THE SITES. IF YOU CHOOSE TO REGISTER FOR AND CREATE AN ACCOUNT ON A SITE, YOU MUST ALSO READ AND AGREE TO BE BOUND BY THE TERMS SET FORTH IN SECTION B, IN ADDITION TO THE TERMS OF SECTION C, BY CLICKING ON THE "I ACCEPT" BUTTON SET FORTH AT THE END OF THIS AGREEMENT. YOU ALSO ACKNOWLEDGE THAT YOUR SUBMISSION OF THE CREDIT CARD PAYMENT FORM SERVES AS YOUR AGREEMENT TO THESE TERMS.
For the purposes of this Agreement, "you" means you, the person using the Sites, and, if applicable, the person that agrees to the Terms in Sections B and C when registering for an account. You and any persons that you authorize to use your account, are referred to in this Agreement as the "User." "iSoccer," "we" or "us" means iSoccer, Inc. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
SECTION A – TERMS APPLICABLE TO UNREGISTERED USERS OF THE SITES
iSoccer uses reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of iSoccer. iSoccer will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of iSoccer. You agree that iSoccer shall not be liable to you for any modification, suspension or discontinuance of the Service. You understand and agree that the Service is provided "AS IS" without any warranty of any kind. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
All brand, product and service names used in the Services which identify iSoccer are proprietary marks of iSoccer. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of iSoccer or any third party with respect to any such image, logo or name.
Unless otherwise stated in this Agreement or on the Sites, iSoccer is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
From time to time iSoccer may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access linked websites you do so at your own risk. iSoccer does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that iSoccer is not liable for any loss or damage that you may suffer by using other websites.
We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Sites constitutes acceptance of any amendments, additions, or modifications to this Agreement.
iSoccer is located in San Francisco, CA USA. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:
By E-mail: firstname.lastname@example.org
By Fax: 00 +1 (866) 543-2870
By Postal Mail: iSoccer Inc., 1187 Oak St, San Francisco, CA 94117 USA
SECTION B – TERMS APPLICABLE TO REGISTERED USERS OF THE SITES.
In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Customer Data") and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iSoccer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iSoccer 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). To register as a User of the Service you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to this Agreement. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 5 below) are appropriate or inappropriate for your child.
You agree that iSoccer retains the right to amend these Terms and the Sites, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Sites or any part of any of the Sites.Your continued use of a Site constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made by iSoccer shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you have created an account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to iSoccer for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
iSoccer grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Sites and Services. This license is exclusive to you and you may not sublicense the use of the Sites. iSoccer expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Sites, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Sites. You may not modify the Sites, create derivative works of the Sites, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Sites that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Sites. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Sites or displayed by, on, or in the Sites. You may use the Sites only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Sites after any termination or expiration of this Agreement for any reason.
You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iSoccer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. iSoccer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
iSoccer does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Sites, the Software, and the Services, or used in connection with your account ("Content"). By submitting your Content and accepting the consideration set forth in this Agreement, as consideration for our permitting you to use the Sites, the Services and the Software, you unconditionally grant to iSoccer a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in the Content. You remain the owner of all Content that you submit to the Service and as a condition to your use of the Sites, the Services and the Software, you represent and warrant to iSoccer that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold iSoccer harmless for any violation of this provision.
You may place Content on the Sites only in accordance with the following limitations. You may NOT store any of the following material on the Sites or obtain any such material using the Sites:
The fees for the Services provided on the Sites are posted on the Sites. Fees are subject to change without notice. You agree to pay iSoccer in advance the applicable fees for the Services provided by iSoccer under this Agreement. iSoccer will bill your credit card for all fees. You will provide iSoccer with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, iSoccer reserves the right to terminate the Services and your access to the Sites in addition to seeking any other legal remedies. iSoccer is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by iSoccer. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Sites. iSoccer's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on iSoccer's income.
Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. iSoccer makes no warranty with regard to the products or website of any other entity. iSoccer has no control over the content or availability of any third-party software or website. In particular, (a) iSoccer makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) iSoccer notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
You acknowledge, consent and agree that iSoccer may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of iSoccer, its users and the public.
Suspension and Termination of Access and Membership.iSoccer reserves the right to suspend or terminate your account and use of the Sites, at any time, without notice, for any reason, including but not limited to the following:
• breach of these Terms, including policies or guidelines set forth by iSoccer elsewhere;
• conduct that iSoccer believes is harmful to other users of the Services or the business of iSoccer or other third party information providers.
Further, you agree that iSoccer shall not be liable to you or any third party for any termination of your access to the Sites. iSoccer 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. You agree that iSoccer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
SECTION C – TERMS APPLICABLE TO REGISTERED USERS AND UNREGISTERED USERS OF THESITES
Notification must be submitted to the following:
Service Provider: iSoccer, Inc.
Name: Legal Department
Full Address: 1187 Oak St, San Francisco, CA 94117 USA
Facsimile: 00 +1 (866) 543-2870
I desire to participate in the iSoccer services provided to me by iSoccer through the iSoccer websites ("Sites") including, without limitation, any training program, competition or challenges, both online and off-line, and all other services accessed through the Sites (collectively, the "Services") controlled and operated by iSOCCER, Inc. ("iSOCCER"). In exchange for the opportunity to participate in the Services, I hereby warrant and agree as follows:
1. ASSUMPTION OF RISK. I am physically and mentally able to fully participate in the Services. I understand that participation in the Services involves inherent risks and dangers including accident, injury, or death.
2. RELEASE FROM LIABILITY. I fully release iSOCCER from any and all claims and any other liability directly or indirectly arising out of or in connection with my participation in the Services, even if it is due to the negligence or other fault of the Released Parties.
If any portion of this Release and Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release and Wavier supersedes any oral or written statements made by or to me.
I HAVE READ THIS RELEASE AND WAIVER AGREEMENT CAREFULLY, FULLY UNDERSTAND ITS CONTENT, AND VOLUNTARILY AGREE TO ITS TERMS.
Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to this Agreement. Please remember that these Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services are appropriate or inappropriate for your child. If the participant is under 18 years of age, then he/she should also have a parent/guardian read and click below.
I am the parent or legal guardian of the Participant. On behalf of the Participant, myself, the Participant's parents or guardians, heirs, estate, insurers, assigns and anyone else who may make any claim for or on behalf of the Participant, I hereby: (1) agree to all of the terms of the above Agreement; (2) agree to cause the Participant to comply with the terms of the Agreement; (3) agree not to take any actions that would assist, persuade, or cause the Participant to invalidate, renounce, negate, revoke, or disclaim any part of the Agreement; (4) agree to hold harmless, indemnify, and reimburse iSOCCER, Inc. from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by any of them to any person (including the Participant or insurers) in connection with any accident, injury (including death), loss, or damage arising out of the Participant's participation in the Services. If the Participant and/or I reside in California or could otherwise claim the protections of California law, I further expressly waive the provisions of Section 1542 of the California Civil Code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with the debtor."
AS PARENT/GUARDIAN OF PARTICIPANT I HAVE READ THE RELEASE AND WAIVER AGREEMENT AND THE PARENT/GUARDIAN AGREEMENT CAREFULLY. I FULLY UNDERSTAND THE CONTENT, AND VOLUNTARILY AGREE TO THE TERMS OF BOTH AGREEMENTS.