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ifotbolTM Terms of Use Important: Please Read These Terms of Use Before Accessing ifotbol.com Website. Effective Date: February 14, 2009 Service ifotbol.com is owned and operated by Namprod LLC, a New York, USA Limited Liability Company, and its affiliates ("collectively", "us", "we", "the Company", or "ifotbol.com") and provides you and other users and registered members with news information services and a complete social networking platform ("Service"). User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.
Acceptance & Agreement
By accessing or using our web site at www. ifotbol.com or any mobile version thereof (together the "Site") or by becoming a registered member, or posting any data, information, video, audio or text on the Site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of ifotbol.com. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the effective date of these terms. Your continued use of the Service or the Site after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
EligibilityMembership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, use of or access to the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Registered Members
In order to access some features of ifotbol.com, you will have to create an account to become a registered member ("Member"). You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ifotbol.com immediately of any breach of security or unauthorized use of your account. Although ifotbol.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ifotbol.com or others due to such unauthorized use.
Registration Data; Account SecurityIn consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Membership Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Membership Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Proprietary Rights in Site Content; Limited LicenseAll content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the ifotbol.com, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. Servicemarks & Trademarksifotbol sm and ifotbol.com sm and other Namprod LLC graphics, logos, designs, page headers, button icons, scripts and service names are servicemarks, trademarks or trade dress of Namprod LLC in the U.S. and/or other countries. Namprod LLC's servicemarks, trademarks and trade dress may not be used, including as part of servicemarks, trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, that disparages or discredits Namprod LLC , and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Namprod LLC. All other servicemarks and trademarks displayed on ifotbol.com website are the servicemarks or trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of servicemarks, trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with ifotbol.com. User ConductYou understand that except for advertising and/or commercial programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to: 1. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. 2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. 3. You agree not to harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 4. You agree not to use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; 5. You agree not to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; 6. You agree not to solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; 7. You agree not to upload, post, transmit, share or otherwise make available 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; 8. You agree not to intimidate or harass another; 9. You agree not to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; 10. You agree not to upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type. 11. The Company retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, ifotbol.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
User Content Posted on the SiteYou are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, data, information, audio, video, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. Although you retain all of your ownership rights in your User Content, by submitting User Content to ifotbol.com, you hereby automatically grant, and you represent and warrant that you have the right to grant, to ifotbol.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You further authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will terminate within a commercially reasonable time after you remove or delete your User Content, however you acknowledge that ifotbol.com may retain archived copies of your User Content. ifotbol.com does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. Forums/Blogs/Chat Rooms
ifotbol.com may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. ifotbol.com cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. ifotbol.com IS NOT RESPONSIBLE FOR ANYONE'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Mobile Services The Service may include certain services that are available via your mobile phone, including (i) the ability to upload content to ifotbol.com via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply using text messaging (Mobile Texts), (iii) the ability to browse the Site from your mobile phone (Mobile Web), and (iv) the ability to access certain ifotbol.com features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). The Company does not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ifotbol.com and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ifotbol.com account information to ensure that your messages are not sent to the person that acquires your old number. Copyright & Content Complaints We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on ifotbol.com or Services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright. Repeat Infringer Policy In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, ifotbol.com has adopted a policy of terminating, in appropriate circumstances and at ifotbol.com 's sole discretion, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Third Party Websites and Content The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by ifotbol.com, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by ifotbol.com. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. Shared Service ifotbol.com offers features whereby registered Members of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use. Privacy ifotbol.com cares about the privacy of our users. Click here to view our Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States. Disclaimers ifotbol.com is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by ifotbol.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. ifotbol.com is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. ifotbol.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, User communications. ifotbol.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will ifotbol.com be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING SHARE SERVICE), AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND ifotbol.com DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ifotbol.com CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. ifotbol.com DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ifotbol.com reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ifotbol.com. Limitation on Liability IN NO EVENT WILL ifotbol.com OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF ifotbol.com IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT ifotbol.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE LAWS OF SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Termination ifotbol.com may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. Governing Law By visiting or using the Site and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ifotbol.com or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York. The Website is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the ifotbol.com Site or Services are appropriate or available for use in other locations. Those who access or use the ifotbol.com Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Arbitration YOU AND ifotbol.com AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that, in the event of any actual or threatened breach or default that cold give rise to irreparable harm, the non-defaulting party may apply to any court of competent jurisdiction for injunctive or other equitable relief pending the outcome of arbitration.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose. IndemnityYou agree to indemnify and hold ifotbol.com, and its affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. SubmissionsYou acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to ifotbol.com are non-confidential and shall become the sole property of ifotbol.com. ifotbol.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 'Unless otherwise specified, the term 'includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms. OtherThese Terms of Use constitute the entire agreement between you and ifotbol.com regarding the use of the Site and/or the Service, superseding any prior agreements between you and ifotbol.com relating to your use of the Site or the Service. The failure of ifotbol.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. QuestionsPlease email questions to: TermsOfUse@ifotbol.com or click on these links for more information. By Mail: Namprod LLC PO BOX 223 New Rochelle, NY 10804-0223
ifotbolTM Online Contest Rules NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.SPONSOR: ifotbol.com Contest (the "Contest") is sponsored by Namprod LLC, a New York, USA Limited Liability Company, ("Sponsor"), subject to the following terms and conditions. WHO MAY ENTER: The Contest is open to residents of the United States who are 18 years of age or older with internet access at the time of entry. LIMIT ONE ENTRY PER HOUSEHOLD. The following persons are not eligible to enter the Contest: (a) employees of ifotbol.com ("Sponsor"), its affiliates, officers or employees; and (b) immediate family members and persons living in the same household as the persons identified in (a) above. Invalid or ineligible entries shall be excluded from consideration. THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. HOW TO ENTER AND PLAY: Contestants score "goals" (earn points) by: referring the site to friends and family and when they register; posting new topics and/or adding comments in the community; writing and/or rating articles; posting photos and video; and playing the game Play to Win game. Sponsor determines all point values earned, and reserves the right to add new ways to earn points during the Contest period. The three largest point earners at the end of the Contest period will be awarded prizes. Sponsor shall be the final and sole body responsible for determining points earned by entrants. Winners and members of their households are not eligible to win the contest again for a period of one year following the close of the Contest period. TIMING:
Contest begins at 12:01 p.m. EST on (March 1, 2009) and continues until 11:59 p.m. EST on (April 30, 2009). Entries must be received by 11:59 p.m. EST on (April 30, 2009) to be eligible. PRIZES:
One Grand Prize of an X-Box 360® (or similar game console) will be awarded to the highest scoring valid and eligible entrant. Two runner up prizes, each an I-Pod Shuffle® (or similar MP3 player), will be awarded to the next two highest scoring valid and eligible entrants. Only the prizes specified above will be awarded. Prizes are non-transferable, with no cash redemption or equivalent, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value. All federal, state and local income taxes, insurance, licensing, registration and title fees connected to the prize are the sole responsibility of the winners. All federal, state and local laws and regulations apply. Sponsor shall only be responsible for awarding the number of prizes as stated in these rules. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of prizes awarded. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prizes awarded. CLAIMING PRIZE: All properly claimed prizes will be awarded. As a condition of winning the prizes, the winners must complete, sign and return an affidavit of eligibility and liability and publicity release, where permitted by law, and any other applicable forms required by a taxing authority within ten (10) days of receipt of prize notification or prizes will be forfeited and an alternate winner selected. If any correspondence of the contest administrator or any prize is returned as undeliverable, the corresponding prize will be forfeited and will be awarded to an alternate winner. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize. Any unclaimed prizes will be awarded to an alternate winner as necessary. In the event there is a dispute of the entrant"s identity, the prize will be awarded to the established email account associated with the entry. In case of dispute as to the identity of any online entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. As used in this Contest, "Authorized Account Holder" is defined as the natural person who is assigned an email address by an internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. PUBLICITY RELEASE:
Unless prohibited by applicable law, by participating in the Contest and/or accepting a prize, Entrants consent to and give Sponsor the right to use, publish, and display a winner's (and where applicable an entrant's) name, city and state, and prize awarded, for the purpose of advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide, and on the Web, without review, notification or approval, all without additional consideration. NOTIFICATION:
Prize winners will be notified by phone, U.S. mail and/or email. The names of the winners will be available for six months after award of prizes by sending a self addressed envelope with sufficient prepaid postage to: Attention: Contest Winners List, Namprod LLC, PO BOX 223, New Rochelle, NY 10804-0223. PRIVACY:
Sponsor will be collecting personal data about entrants in accordance with its privacy policy. Please review the Sponsor's privacy policy. By participating in the Contest, you hereby agree to Sponsor's collection and usage of your personal information and acknowledge that you have read and accepted Sponsor's privacy policy. LIMITATION OF LIABILITY: By participating in this Contest, entrants agree to release, hold harmless, and agree not to institute any claim against Sponsor and any co-sponsors of the Contest and each of their respective parent companies, affiliates, subsidiaries, and their respective officers, directors, employees, agents, and representatives (collectively, "Released Parties") from any and all liability whatsoever for any injuries, losses or damages of any kind arising from or in connection with, either directly or indirectly, 1) the awarding, acceptance, receipt, possession, use and/or misuse of any prize awarded herein; and/or 2) participation in the Contest or any prize related activities. Upon delivery of the prize to the winner, Sponsor will be deemed to have awarded the prize to the winner with winner assuming full responsibility for the prize. Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter or win the Contest, including any injury or damage to your or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys" fees, and entrants further waive all rights to have damages multiplied or increased. MISCELLANEOUS CONDITIONS: If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. CONDITIONS:
Entrants agree that by participating they release the Released Parties from any liability in connection with: a) Entries that are incomplete or ineligible as a result of being lost, late, illegible, damaged, incomplete, stolen, postage due, or misdirected: b) Any typographical or other human or technical errors in the offer or administration of the Contest, including but not limited to errors in advertising, these official rules, the selection and announcement of a winner(s), or the distribution/awarding of a prize(s); c) Any omission, interruption, deletion, defect, delay, misdirection, damage, injury, technical malfunctions or traffic congestion on the Internet/telephone network, or at any website, or any combination thereof. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the term and conditions of the Contest. CHOICE OF LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA, without regard to New York conflict of law or choice of law principles. All legal proceedings arising out of or in connection with the offer of these official rules shall be brought solely in Westchester County, New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Notes: X-Box 360® and I-Pod Shuffle® are registered trademarks of their respective owners, and there use does not imply any affiliation, sponsorship or endorsement of this Contest, Sponsor or ifotbol.com.
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