Terms of Service - footballmumbai.com Please read these terms and conditions of use carefully (these "Terms of Service") before using FootballMumbai.com (the "Site"). Your access to and use of the Site is subject to these Terms of Service (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you signify your assent to these Terms of Service. These Terms of Service may be amended or modified at the sole discretion of Football Mumbai or new conditions may be imposed, at any time with or without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Service, please do not use the Site. OWNERSHIP AND USE RESTRICTIONS The Site is owned and operated by Shailesh Lakshmana Karkera ("FIPL"). FIPL and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators." The content and materials contained or distributed within the Site (including, without limitation, video, audio, photos, text, images, statistics, updated scores, news, contests, message features, and all copyrights and intellectual property related to the Site) (the "Content") are either owned by, or licensed to, FIPL. The Content from the Site may not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the express written permission of footballmumbai.com. The Operators maintain this Site for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Site to any single computer for your personal, non-commercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, however, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any Content from the Site for public or commercial purposes on any other website or otherwise without the express written permission of FIPL. Modification of any Content on the Site in any manner is a violation of the applicable owners' copyright and other proprietary rights. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, except as provided in these Terms of Service, is strictly prohibited. Images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of Content displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators. REGISTRATION FOR USE OF CERTAIN FEATURES In order to access certain features of the Site, you may be required to register with football mumbai.com by providing certain personally identifiable information about yourself, including your name and e-mail address. In consideration for our granting you access to these features of the Site, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested as and necessary for our provision of, and/or your registration for the use of, those features of the Site, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if FIPL has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, the Operators have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Site. For information concerning how such information is collected and used, please see our Privacy Policy at http://www.footballmumbai.com/privacypolicy.html. You may be asked to select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of Sections 3(i)-(ix) below, or any other operating term set forth by the Operators. You may also receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section 2. MESSAGE FEATURES The Site may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, blogs and video submissions (each a "Message Feature" and, collectively, the "Message Features"). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of the Site. You must use the Message Features in a responsible manner. By entering the Site, you expressly agree to not transmit any message (each, a "Message" and, collectively, the "Messages") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature. The Operators and their third-party providers (the "Vendors") shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature or any Screen Name that: (i) violates any term of these Terms of Service; and/or (ii) is otherwise illegal, offensive or inappropriate. The decision regarding whether a Message or Screen Name is offensive or inappropriate shall be within the sole discretion of the Operators. Depending on the nature of the violation, the Operators shall have the sole discretion to terminate your access to the Site at any time. Please be advised that the Operators and the Vendors will fully cooperate with any law enforcement authorities or court order requesting or directing the Operators or the Vendors to disclose personal information of anyone who submits a Message or Screen Name that violates the foregoing terms in accordance with the Privacy Policy of the Site. Although the Operators or the Vendors may from time to time monitor or review Messages or Screen Names submitted on the Site, the Operators and the Vendors are under no obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any Screen Name does not constitute approval or endorsement by the Operators or the Vendors. You acknowledge that neither the Operators nor the Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Website. Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, and Screen Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or Screen Name to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators or the Vendors other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operators and the Vendors described in paragraph 4 below. SUBMISSIONS By transmitting any Message or Screen Name (see paragraph 3 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a "Submission" and, collectively, "Submissions"), you are granting the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you on or to the Site will be owned exclusively by FIPL or the other Operators and may be used by FIPL or the other Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of FIPL or the other Operators. FIPL and the other Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent. A. Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operators of the Rights described above. B. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site and Football Mumbai, it is footballmumbai.com’s policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by FootballMumbai.com or the other Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Site or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future FootballMumbai.com or other Operator designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operators. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above. The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. By accepting these Terms of Service, you agree that the Operators may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with FIPL, and by publishing such notices from time to time on the informational page(s) of the Site applicable to the services. It is your responsibility to notify FIPL of any change in your e-mail address by logging into the Site and notifying us via email at [email protected]. Pricing and terms and conditions of Services are subject to availability and change. LINKS The following restrictions ("Linkage Restrictions") apply to all links to or from the Site from or to any on-line, cable, wireless or other website, service, browser or other resource: A. On-line, cable, wireless or other websites, services, browsers or other resources created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial Sites") may not link to footballmumbai.com without the written permission of FIPL, even if the page/area where the link originates does not promote a product, brand or service. B. Websites, services, browsers and other resources other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to FootballMumbai.com without the express written permission of FIPL if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "footballmumbai.com," " Mumbai’s Football Portal"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link. C. The footballmumbai.com logo, the Represent Logo or any other logo of the FIPL or its teams (a "logo" link) may not be used to link to footballmumbai.com without the express written permission of FIPL. D. No link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics. E. All links to the Site from a Permissible Site must be to the Site's home page or to the homepage of a particular team -- links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) other than to the home page of a team are not permitted. F. Links to and from the Site from or to other sites maintained by third parties do not constitute an endorsement by Football Mumbai or the other Operators of any third party website or content. The Operators are not responsible for the availability of these third party resources or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding any external link to its website administrator or Webmaster. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY While the Operators use reasonable efforts to include accurate and up to date information in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the Content of the Site. The Operators make no representation that the Content contained in the Site is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws. THE CONTENT IN THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY. Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, 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 such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk. NOTICE The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record, or by written communication sent by mail to a user's address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means: Electronic mail to [email protected] INDEMNIFICATION You hereby agree to indemnify and hold Football Mumbai, its member teams, footballmumbai.com, FIPL, and each of their respective members, operators, directors, officers, employees, agents, affiliates and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Service. TERMINATION OF SERVICE The Operators may, in its sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operators' respective businesses, or to other information providers. Upon any termination of this agreement, you immediately discontinue your use of the Site and destroy all materials obtained from it. MISCELLANEOUS These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Acceptance of Terms of Use By using the Site, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Site. The Operators may change these Terms of Service at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto. LAST UPATED: May 24, 2009 Copyright © 2009 Football Mumbai. All rights reserved.