TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use, the FootballEmotion.com Privacy Policy and FootballEmotion.com Copyright Policy set forth the legally binding terms for your use of:

1. the FootballEmotion.com website;

2. the FootballEmotion.com messaging service;

3. technologies that facilitate the distribution of video content from participating content creators and that provide links to advertising content from participating advertising partners; and

4. any other features, content, software applications, plug-ins, blogs, media search engines, toolbars, games, components or downloadable code, and other viral online mediums such as peer-to-peer networks, file sharing, instant messaging and email, or applications offered from time to time by FootballEmotion.com in connection with the Website (the “FootballEmotion.com Technology”),

(Together and individually, the “Website”).

By visiting, accessing and using the Website, as a registered member or visitor (“Your Use”), you expressly agree to these Terms and Conditions of Use and the FootballEmotion.com Privacy Policy (available at http://www.footballemotion.com/privacy.php) and FootballEmotion.com Copyright Policy (available at http://www.footballemotion.com) and agree to be bound by and to abide by these Terms and Conditions of Use, the FootballEmotion.com Privacy Policy, the FootballEmotion.com Copyright Policy and all applicable laws (together, the "Terms").

These Terms shall remain in full force and effect during Your Use.

You should save and read the complete set of Terms carefully before Your Use.

You may not use the Website and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with FootballEmotion.com, or

(b) you are a person barred from receiving the Website under the laws of Australia or other countries including the country in which you are resident or from which you use the Website.

If you do not agree with any part of the Terms or are, legally, unable to accept these Terms, you should leave the Website and discontinue Your Use immediately.

You can accept these Terms by:

1. clicking to accept or agree to the Terms, where this option is available (in the user interface of the Website) to you by FootballEmotion.com; or

2. by actually using the Website, in which case you are taken to have expressly agreed to Your Use of the Website on the Terms.

USER WARRANTIES TO FOOTBALLEMOTION.COM

You agree that Your Use of the Website should be and is taken to be an express affirmation, representation and warranty by you to FootballEmotion.com that you:

(a) own or have the necessary licences, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights to any and all content, including, but not limited to, graphics, music, sound, images, files, photos, animation, artwork, text, data, information, messages, hypertext links, scripts or other material posted by you and any other works that you incorporate into such material (collectively and separately, “Your Content”), and you authorise FootballEmotion.com to use Your Content in the manner contemplated in these Terms;

(b) that you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person's name or likeness in Your Content for use in the manner contemplated in these Terms;

(c) that you will not include in Your Content any content, matter, activity or thing that is prohibited by the Terms;

(d) that you are of legal age to form a binding contract with FootballEmotion.com; and

(e) that you are not a person barred from receiving the Website under the laws of Australia or other countries including the country in which you are resident or from which you use the Website.

Please choose carefully the information you post on FootballEmotion.com as Your Content and that you provide to other users of the Website.

REGISTRATION

To use the Website, you may be required to register online with FootballEmotion.com at the Website, and create a unique, password-protected account.

You are solely responsible for safeguarding your password.

You also take full responsibility for any actions under your password and account, whether authorised by you or not.

FootballEmotion.com will not be liable for your losses caused by any unauthorised use of your account and you may be liable for losses to FootballEmotion.com and others due to unlawful, prohibited or unauthorised use of and access to your account.

You are responsible for keeping your account information current.

When creating your account, you must provide true, current, accurate and complete information and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.

You must notify FootballEmotion.com immediately of any breach of security or unauthorised use of your account.

You acknowledge and agree that FootballEmotion.com may preserve Your Content and may also disclose Your Content to others 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 Terms;

(c) respond to claims that any of Your Content violates the rights of third-parties; or

(d) protect the rights, property, or personal safety of FootballEmotion.com, its users and the public.

TERMINATION, SUSPENSION OR RESTRICTION

FootballEmotion.com reserves the right, in its sole discretion, to reject, refuse to post or remove any part or the entirety of Your Content (including private messages), or to restrict, suspend, or terminate Your Use of all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

Instances where Your Use will be terminated include, but are not limited to, if:

1. you violate these Terms;

2. FootballEmotion.com is unable to verify or authenticate any information that you provide;

3. you engage in any conduct that FootballEmotion.com, in its sole discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of FootballEmotion.com, any other use, or the public;

4. the provision of the Website to you by FootballEmotion.com is, in the opinion of FootballEmotion.com, no longer commercially viable; or

5. FootballEmotion.com is required to do so by law.

You acknowledge and agree that if FootballEmotion.com disables Your Use and access to your account, you may be prevented from accessing the Website, your account details and any files and Your Content therein.

You agree that FootballEmotion.com shall not be liable to you or any third party for any termination, suspension or restriction of Your Use and access to your account.

CONTINUING OBLIGATIONS AFTER TERMINATION

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and FootballEmotion.com have benefited from, been subject to or which are expressed to continue indefinitely, shall be unaffected by such cessation and all such rights, obligations and liabilities shall continue indefinitely.

You may terminate this Agreement at any time, for any reason, by following the instructions of the Website. Should no such instructions exist, cessation of Your Use shall signify such termination.

MODIFICATION OF TERMS

FootballEmotion.com may, at any time and from time to time, modify these Terms and Conditions of Use, the FootballEmotion.com Privacy Policy and FootballEmotion.com Copyright Policy and such modification shall be effective upon posting by FootballEmotion.com on the Website. You agree to be bound to any changes to the Terms immediately upon Your Use of the Website after any such modifications are posted. Please review the Terms regularly to ensure you are updated as to any changes.

You agree that FootballEmotion.com shall not be liable to you or to any third party for any modification of the Terms.

THIRD PARTY LINKS

The Website, including but not limited to the contents posted by you and other users of the Website (“User Content”), may contain links to third party websites that are not owned or controlled by FootballEmotion.com. You acknowledge and agree that FootballEmotion.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

In addition, you acknowledge and agree that FootballEmotion.com will not and cannot censor or edit the content of any third-party site.

FootballEmotion.com is not responsible for the content, accuracy or opinions expressed on third party websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by FootballEmotion.com. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by FootballEmotion.com.

When you access these third-party sites, you do so at your own risk.

By using the Website, you expressly relieve and hold harmless FootballEmotion.com from any and all liability whether arising directly or indirectly from your use of any third-party website.

ADVERTISEMENTS AND COMMUNICATIONS
The Website may include advertisements and/or communications from FootballEmotion.com and its affiliated advertisers. FootballEmotion.com will use its best endeavours not to place advertisements and communications that may be deemed generally offensive or inappropriate on the Website. However, you acknowledge and agree that the placement and timing of any advertisements and communications on the Website shall be determined by FootballEmotion.com in its sole discretion. You agree that you shall not alter or remove any such advertisements or communications. If you find a particular advertisement or communication offensive, you may contact FootballEmotion.com and provide your comments or ask to have the advertisement or communication removed.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, 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 the relevant advertiser.

FootballEmotion.com takes no responsibility for third party advertisements authorised by it and which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.

FootballEmotion.com is not responsible for the content, accuracy or opinions expressed in any advertisements and communications from third-party advertisers, and such advertisements and communications are in no way investigated, monitored or checked for accuracy or completeness by FootballEmotion.com. Inclusion of any advertisements or communications on the Website does not imply approval or endorsement of the advertisements and communications by FootballEmotion.com.

When you consider the third party advertisements, you do so at your own risk.

Accordingly, FootballEmotion.com encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

You agree that FootballEmotion.com shall not be responsible or liable for any loss or damage whatsoever incurred as the result of any of the foregoing.

PARTICIPATION AND PROHIBITIONS

FootballEmotion.com reserves the right to refuse Participation to any applicant or participant at any time in its sole discretion.

You agree to use the Website only for purposes permitted by:

1. the Terms; and

2. any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdiction.

You are solely responsible for Your Content which you transmit or submit to FootballEmotion.com or through the Website, whether created or sourced by or for you.

Your Content must not contain any information or material which is, or advocates an activity which is, illegal or prohibited to post on or through the Website.

Content which is prohibited includes, but is not limited to content that, in the sole discretion of FootballEmotion.com, is:

1. patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 18;

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that is false or misleading or constitutes misrepresentation or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner if such rights or have the permission of their rightful owner to post the material and grant FootballEmotion.com all of the licence rights granted herein;

10. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

11. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);

12. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

13. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

14. involves commercial activities and/or sales without the prior written consent of FootballEmotion.com (including, but not limited to, contests, sweepstakes, barter, advertising, or pyramid schemes); or

15. includes a photograph of another person that you have posted without that person's consent.

Activities which are prohibited include, but are not limited to activities that, in the sole discretion of FootballEmotion.com, are:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. advertising to, or solicitation of, any user to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

3. covering or obscuring the banner advertisements on your personal profile page, or any FootballEmotion.com page via HTML/CSS or any other means;

4. any automated use of the system, such as using scripts to add friends or send comments or messages;

5. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

6. attempting to impersonate another user or person;

7. using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;

8. selling or otherwise transferring your profile;

9. using any information obtained from the Website in order to harass, abuse, or harm another person;

10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Webiste on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;

11. unless you have been specifically permitted to do so in a separate agreement with FootballEmotion.com, reproducing, duplicating, copying, selling, trading or reselling the Website or its contents (“Website Contents”), whether User Content or otherwise, for any purpose; or

12. using the Website in a manner inconsistent with any and all applicable laws and regulations.

FootballEmotion.com reserves the right to investigate and take appropriate legal action against anyone who, in FootballEmotion.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators and reporting you to law enforcement authorities.

If you become aware of misuse of the Website by any person, please contact FootballEmotion.com.

Despite the express prohibitions contained in these Terms, information provided by other FootballEmotion.com visitors and members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and FootballEmotion.com assumes no responsibility or liability for this material.

CONTENT ON WEBSITE

FootballEmotion.com may delete any User Content that, in the sole judgment of FootballEmotion.com, violates the Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.

You acknowledge that all content to which you may have access as part of, or through, Your Use, is the sole responsibility of the person from whom such content originated.

The Website may now or in the future permit the submission of, information, material, data, videos or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such User Content.

You understand that whether or not such User Content are published, FootballEmotion.com does not guarantee any confidentiality with respect to any submissions.

You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk.

Content is not necessarily reviewed by FootballEmotion.com prior to posting and does not necessarily reflect the opinions or policies of FootballEmotion.com.

FootballEmotion.com assumes no responsibility for monitoring the Website for inappropriate content or conduct.

You are solely responsible for Your Content that you post on or through any of the Website, and any material or information that you transmit to other users and for your interactions with other users.

FootballEmotion.com does not endorse and has no control over the content posted on the Website, including, but not limited to, Your Content and User Content generally.

If at any time FootballEmotion.com chooses, in its sole discretion, to monitor the Website, FootballEmotion.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

FootballEmotion.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other users.

FEES

FootballEmotion.com reserves the right at any time to charge fees for access to the Website. In no event will you be charged for access to the Website unless your prior agreement to pay such charges has been obtained. If you do not consent to such charges, however, you may not have access to the Website.

NON-COMMERCIAL USE

The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FootballEmotion.com.

Illegal and/or unauthorised use of the Website, including collecting usernames and/or email addresses of users by electronic or other means, for, amongst other things, the purpose of sending unsolicited email or unauthorised framing of or linking to the Website, is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice and may result in termination of Your Use. Appropriate legal action will be taken for any illegal or unauthorised use of the Website.

CONDUCT ON WEBSITE

FootballEmotion.com is not responsible for the conduct, whether online or offline, of any user of the Website.

FootballEmotion.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. FootballEmotion.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the Website or a combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website.

Under no circumstances shall FootballEmotion.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, attendance at a FootballEmotion.com event, from any content posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.

The Website is provided "AS-IS" and as available and FootballEmotion.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FootballEmotion.com cannot guarantee and does not promise any specific results from use of the Website.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, except all User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to FootballEmotion.com, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, 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.

You should be aware that Website Content presented to you as part of the Website, including but not limited to advertisements in the Website and sponsored Website Content within the Website may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Website Content to FootballEmotion.com (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Website Content (either in whole or in part) unless you have been specifically told that you may do so by FootballEmotion.com or by the owners of that Website Content, in a separate agreement.

FootballEmotion.com reserves all rights not expressly granted in and to the Website and the Website content. You agree to not engage in the use, copying, or distribution of any of the Website content other than expressly permitted herein, including any use, copying, or distribution of Website content of third parties obtained through the Website for any commercial purposes.

If you download or print a copy of the Website Content for personal use, you must retain all copyright and other proprietary notices contained therein.

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website content or enforce limitations on use of the Website or the Website content therein.

YOUR CONTENT

For clarity, you retain all of your ownership rights in Your Content. However, by submitting Your Content to FootballEmotion.com, you hereby grant FootballEmotion.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with the Website and FootballEmotion.com’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access Your Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform Your Content as permitted through the functionality of the Website and under the Terms. The foregoing license granted by you terminates once you remove or delete Your Content from the Website.

FootballEmotion.com does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and FootballEmotion.com expressly disclaims any and all liability in connection with User Content. FootballEmotion.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FootballEmotion.com will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights.

You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that FootballEmotion.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content 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 FootballEmotion.com with respect thereto, and agree to indemnify and hold FootballEmotion.com, its owners and operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

FOOTBALLEMOTION.COM TECHNOLOGY

Subject to these Terms, FootballEmotion.com grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the FootballEmotion.com Technology on your personal computer system in machine-executable object code form only. You may make one copy of the FootballEmotion.com Technology solely for your own emergency backup purposes, provided you include all copyright and trademark notices on the back-up copy.

You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the FootballEmotion.com Technology without the prior written consent of FootballEmotion.com.

You may not assign, rent, lease, or lend the FootballEmotion.com Technology to any person or entity.

Any attempt by you to sublicense, transfer, or assign the FootballEmotion.com Technology will be void.

You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the FootballEmotion.com Technology by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

You have no ownership rights in the FootballEmotion.com Technology or any related documentation. FootballEmotion.com retains all right, title, and interest in and to the FootballEmotion.com Technology (including any changes, modifications, or corrections thereto) and any related documentation.

You understand and agree that you will gain no right, title, or interest in or to the FootballEmotion.com Technology by virtue of Your Use and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the FootballEmotion.com Technology (or any changes, modifications, or corrections thereto).

If you are ever held or deemed to hold any right in or to the FootballEmotion.com Technology (or any changes, modifications, or corrections thereto) by virtue of Your Use, then you hereby irrevocably assign to FootballEmotion.com all such rights. In the event that any such right cannot be so assigned, you hereby agree to waive enforcement worldwide of such rights against FootballEmotion.com and hereby grant to FootballEmotion.com an exclusive license, with right to sublicense through multiple tiers of sublicensees, to use, reproduce, distribute, create derivative works of, publicly perform and display, in any medium or format, whether now known or later developed, any and all property that is subject to such rights.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD FOOTBALLEMOTION.COM, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE IN VIOLATION OF THE TERMS AND/OR ARISING FROM A BREACH OF THE TERMS AND/OR ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE AND/OR IF ANY OF YOUR CONTENT CAUSES FOOTBALLEMOTION.COM TO BE LIABLE TO ANOTHER.

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. FOOTBALLEMOTION.COM 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) FOOTBALLEMOTION.COM WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, FOOTBALLEMOTION.COM IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. FOOTBALLEMOTION.COM 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 ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOOTBALLEMOTION.COM 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, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOOTBALLEMOTION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (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) UNAUTHORIZED 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. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

PRIVACY AND YOUR PERSONAL INFORMATION

For information about FootballEmotion.com’s data protection practices, please read FootballEmotion.com’s Privacy Policy at http://www.footballemotion.com/privacy.php This policy explains how FootballEmotion.com treats your personal information, and protects your privacy, during Your Use.

You agree to the use of your data in accordance with FootballEmotion.com’s privacy policies.

COPYRIGHT POLICY

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

For more information about FootballEmotion.com’s policies as they relate to copyright and Intellectual Property, please read FootballEmotion.com’s Copyright Policy at http://www.footballemotion.com/privacy.php

If you believe that material made available via the Website infringes your copyright or other intellectual property rights, you agree to provide notice of such suspected infringement to the following person……….

ASSIGNMENT

These Terms and Conditions of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FootballEmotion.com without restriction.

GENERAL

Sometimes when you use the Website, you may (as a result of, or through your use of the Website) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of such other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

The Terms constitute the whole legal agreement between you and FootballEmotion.com and govern your use of the Website (but excluding any services which FootballEmotion.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and FootballEmotion.com in relation to the Website.

You agree that FootballEmotion.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website.

You agree that if FootballEmotion.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FootballEmotion.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of FootballEmotion.com’s rights and that those rights or remedies will still be available to FootballEmotion.com.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

You acknowledge and agree that each member of the group of companies of which FootballEmotion.com is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

The Terms, and your relationship with FootballEmotion.com under the Terms, shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of laws provisions. You and FootballEmotion.com agree to submit to the exclusive jurisdiction of the courts located within the state of New South Wales, Australia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that FootballEmotion.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Please contact us at: info@footballemotion.com with any questions regarding this Agreement.