Terms of Service
Last Modified: June 2, 2014
- Your Acceptance
Welcome to the Terms of Service for the Soccerly website and any associated services. This is a legally binding agreement ("Agreement") between The Beautiful Game, LLC ("Soccerly"), the owner and operator of Soccerly.com (the "Site ")and any Soccerly services ( "Service(s)") and you ("you", "your" or "user(s)"), a user of the Site and Service.
Throughout this Agreement, the words "Soccerly," "us," "we," and "our," refer to our company The Beautiful Game LLC and our Site or any Services, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information to the Site and Service, including but not limited to messages, text, photos, pictures, comments, designs, data, or videos will be referred to as "Content" throughout this Agreement
- User Accounts
- Your Content on Soccerly
When submitting any Content, please ensure that such Content is accurate. We are not required to host, display, or distribute any of your posts and we may refuse to accept or transmit any Content or delete your Content from Soccerly at any time. You understand that when using the Soccerly Service you may be exposed to Content from a variety of sources, and that Soccerly is not responsible for the accuracy, validity, or usefulness of Content created by others. You agree that you are solely responsible for any Content submitted. When submitting any Content you represent and warrant to us that you own such Content or have paid for the rights to use such Content. Soccerly may at its discretion remove, modify, edit or delete any Content submitted by you to the Site or Service.
When you submit any Content to us, you grant Soccerly, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content or anything we may make with your Content through Soccerly or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote Soccerly. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service.
- User Guidelines
When using our Service, you are responsible for your use of Soccerly, and for any use of Soccerly made using your account. You agree not to access, copy, or otherwise use Soccerly, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Soccerly. You agree not to use Soccerly to:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated "scraping";
- You will not use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site or the Service in a manner that sends more request messages to Soccerly servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Soccerly grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Site or Service;
- You may not violate any laws, rules or procedures of the United States while using our Site;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the Service or Site;
- You will not collect or harvest any personally identifiable information, including account names, from the Service or Site;
- You will not access the Site or Service through any technology or means other than those provided or authorized by the Service or Site;
- You agree not to stalk, harass, bully or harm another individual or user;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use our Site only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Soccerly for any criminal communications or for transmitting any child pornography;
- You agree that you will not hold Soccerly responsible for your use of our Site or Service;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Soccerly;
- You agree not to interfere with or disrupt the Site or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate Content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our Site or Service to post any false, lewd, indecent, x-rated, gore-filled, overly violent, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, or fraudulent Content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party's website, such as by requesting its removal from a search engine; and
- You will not upload any Content to our Site or Service that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Soccerly reserves the right to suspend or terminate any account at any time without notice or explanation.
- Modification of the Site and Service
We reserve the right to alter, update, or remove our Site or Service or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal or other purposes.
- Service and Site Availability
We do not guarantee that the Service or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Service will work as advertised, or that it will give you any desired results.
- Service Disclaimer
Please be aware that our Service and any information found within it are offered "as-is." Soccerly does not endorse and may not verify any of its users or any Content submitted by users found through the Soccerly Site or Service. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Service. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Soccerly with respect to such actions or omissions.
- Compliance With All Laws and Regulations
Soccerly is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, and national US and state laws regarding your use of our Site and Service. Our Site and Service is void where prohibited.
- Intellectual Property Rights
The design of the Soccerly Service along with Soccerly created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Soccerly, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Soccerly reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
- Representations and Warranties
OUR SITE AND SERVICE ARE OFFERED "AS-IS", INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR SITE OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITE OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, TIMELINESS, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOCCERLY IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR SERVICE.
- Limitation of Liability
IN NO EVENT SHALL THE BEAUTIFUL GAME, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL (VI) BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA, OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 US DOLLARS.
You agree to defend, indemnify and hold harmless The Beautiful Game, LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Soccerly Site and Service;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your Content or actions through Soccerly caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Soccerly Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Agent of Soccerly, 4275 Executive Square, Suite 200, La Jolla, CA 92037 or by email at firstname.lastname@example.org.
- Choice of Law
This Agreement shall be governed by the laws in force in the state of California and the US. The offer and acceptance of this contract is deemed to have occurred in the state of California.
- Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to San Diego County, California.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
- Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, Soccerly shall have the sole right to elect which provision remains in force.
- COPPA Compliance
This Site complies with US laws regarding children's privacy. You must be at least 13 years of age to use our Site and Service. We do not collect process or store information for users under the age of 13. If you believe a user is under 13 years of age please contact us immediately.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend service, your account, or the Service without notice, though we will strive to provide a timely explanation in most cases. We reserve the right to deactivate, suspend, or otherwise cancel your account on Soccerly at any time. If you wish to terminate this Agreement, simply deactivate your account or stop using our Site and Service. After termination your information may not be accessible but we may keep such information for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our Site and our Service.
- California Users
Pursuant to California law, if you have further questions about Soccerly please contact, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Additionally, you may contact us at: Agent of Soccerly, 4275 Executive Square, Suite 200, La Jolla, CA 92037.
- Electronic Communications The communications between you and Soccerly use electronic means, whether you visit the Site or Service or send Soccerly e-mails, or whether Soccerly posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Soccerly in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Soccerly provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Modified: June 2, 2014