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Underground Creative Limited operates http://gooal.tv ("Penalty Shootout Services", "Penalty Shootout" or "the Services"), which is a gaming site allowing members to play football against friends and online opponents.
This Terms of Use Agreement, which may be modified from time to time, constitutes legally binding terms and applies to your use of the Penalty Shootout Services. By accessing and/or using the Penalty Shootout Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the website, including through a mobile or other wireless device, or otherwise use our Service without being registered) or you are a "Member" (which means that you have registered with Penalty Shootout). The term "User" refers to a Visitor or a Member. You are authorized to use the Penalty Shootout Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement.
In addition, by registering to become a Member and/or making use of the Penalty Shootout Services, you therefore indicate your acceptance of this Agreement.
We reserve the right to modify this Agreement at any time and from time to time
1. Eligibility. By using the Penalty Shootout Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Penalty Shootout Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you have registered using false information.
2. Term. This Agreement, shall remain in full force and effect while you use the Penalty Shootout Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting us at http://gooal.tv/contact/. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, we reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, "messages") by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Penalty Shootout Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, we reserve the right, in our sole discretion, to reassign or rename your profile URL. Penalty Shootout expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Penalty Shootout Services if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to Penalty Shootout, its employees, business partners, Users and/or the public
3. Password. When you sign up to become a Member, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, email address or password of another Member at any time or to disclose your password to any third party
4. Use by Members. The Penalty Shootout Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Penalty Shootout. We reserve the right to remove commercial content. Illegal and/or unauthorized use of the Penalty Shootout Services, including, without limitation, collecting user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Penalty Shootout Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Penalty Shootout Services.
5. Rights in Content on Penalty Shootout
5.1 Penalty Shootout does not claim any ownership rights in the text, files, images, photos, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the Penalty Shootout Services. After posting your Content on, through or in connection with the Penalty Shootout Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Penalty Shootout Services, you hereby grant to us a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Penalty Shootout Services, including, without limitation, through the Penalty Shootout Services to applications, websites or mobile, desktop or other services which are linked with your Penalty Shootout account (collectively, "Linked Services).
5.2 The license you grant to Penalty Shootout is non-exclusive (meaning you are free to license your Content to anyone else in addition to Penalty Shootout), fully-paid and royalty-free (meaning that Penalty Shootout is not required to pay you or anyone else deriving rights from you for the use on the Penalty Shootout Services of the Content that you post), sublicensable (so that Penalty Shootout is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Penalty Shootout Services), and worldwide.
5.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Penalty Shootout Services, or (ii) the posting of your Content on, through or in connection with the Penalty Shootout Services does not violate the privacy rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of the use of any Content posted by you on or through the Penalty Shootout Services and/or Linked Services.
5.4 The Penalty Shootout Services contain Content of Penalty Shootout ("Penalty Shootout Content"). Penalty Shootout Content is protected by copyright, trademark, patent and other laws, and Penalty Shootout owns and retains all rights in the Penalty Shootout Content and the Penalty Shootout Services.
5.5 The Penalty Shootout Services contain Content of Users, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Penalty Shootout Services.
5.6 Penalty Shootout performs technical functions necessary to offer the Penalty Shootout Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Penalty Shootout Services. In addition, you agree and acknowledge that Penalty Shootout may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Penalty Shootout Services. You can control what type of communications you receive from the Penalty Shootout Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of emails.
5.7 Penalty Shootout reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Penalty Shootout Services.
6. Content Posted.
Your Penalty Shootout profile may not include any form of Prohibited Content, as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other Penalty Shootout Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Penalty Shootout assumes no responsibility or liability for this material. If you become aware of misuse of the Penalty Shootout Services by any person or Linked Service, please click on the "Report Abuse" link at the bottom of the Penalty Shootout Website pages.
6.1 Penalty Shootout may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Penalty Shootout violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Penalty Shootout assumes no responsibility for monitoring the Penalty Shootout Services for inappropriate Content or conduct.
6.2 You are solely responsible for the Content that you post on, through or in connection with any of the Penalty Shootout Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7. Prohibited Activity. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Penalty Shootout Services. Penalty Shootout reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including, without limitation, removing the offending Content from the Penalty Shootout Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Penalty Shootout:
7.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.2 harasses or advocates harassment of another person;
7.3 exploits people in a sexual or violent manner;
7.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
7.5 solicits or is designed to solicit personal information from anyone under 18;
7.6 publicly posts information that poses or creates a privacy or security risk to any person;
7.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
7.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
7.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
7.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, violating someone's privacy, or providing or creating computer viruses;
7.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
7.13 involves commercial activities and/or sales without prior written consent from Penalty Shootout such as contests or advertising.
7.14 includes a photograph or video of another person that you have posted without that person's consent.
The following are examples of the kind of activity that is illegal or prohibited on the Penalty Shootout Website and through your use of the Penalty Shootout Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to the appropriate authorities. Prohibited activity includes, but is not limited to:
7.15 criminal activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
7.16 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Penalty Shootout Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the our Services, you acknowledge that you will have caused substantial harm to Penalty Shootout.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Penalty Shootout Limited £50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the Penalty Shootout Services;
7.17 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Penalty Shootout Services;
7.18 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
7.19 interfering with, disrupting, or creating an undue burden on the Penalty Shootout Services or the networks or services connected to the Penalty Shootout Services;
7.20 impersonating or attempting to impersonate Penalty Shootout or a Penalty Shootout employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
7.21 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Penalty Shootout Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Penalty Shootout, posting blogs or bulletins with a commercial purpose, or sending messages with a commercial purpose;
7.22 relaying email from a third party's mail servers without the permission of that third party;
7.23 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Penalty Shootout Website for the purposes of sending unsolicited or unauthorized material;
7.24 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
7.25 using the Penalty Shootout Services in a manner inconsistent with any and all Applicable Law.
8. Protecting Copyrights and Other Intellectual Property. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
9. Member Disputes. You are solely responsible for your interactions with other Penalty Shootout Users, or any other parties with whom you interact through the Penalty Shootout Services. We reserve the right, but has no obligation, to become involved in any way with these disputes.
10. Disclaimers. Penalty Shootout is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Penalty Shootout Services, by Users of the Penalty Shootout Services, and such User Content does not necessarily reflect the opinions or policies of Penalty Shootout. In addition, Penalty Shootout is not responsible for any damage, injury or loss caused by Users of the Penalty Shootout Services or by any of the equipment or programming associated with or utilized in the Penalty Shootout Services. Profiles created and posted by Members on, though or in connection with the Penalty Shootout Services may contain links to other websites or services. Penalty Shootout is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Penalty Shootout. Inclusion of any linked website or service on the Penalty Shootout Services does not imply approval or endorsement of the linked website or service by Penalty Shootout. When you access these third party sites and services, you do so at your own risk. Penalty Shootout takes no responsibility for third party advertisements that are posted on, through or in connection with the Penalty Shootout Services, nor does it take any responsibility for the goods or services provided by these third parties. Penalty Shootout is not responsible for the conduct, whether online or offline, of any User of the Penalty Shootout Services. Penalty Shootout 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 or Member communication. Penalty Shootout 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 due to technical problems or traffic congestion on the Internet or on any of the Penalty Shootout Services or combination thereof, including, without limitation, 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 Penalty Shootout Services. Under no circumstances shall Penalty Shootout be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Penalty Shootout Services, from any User Content posted on or through the Penalty Shootout Services, or from the conduct of any Users of the Penalty Shootout Services, whether online or offline. The Penalty Shootout Services are provided "AS-IS" and as available and Penalty Shootout expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Penalty Shootout cannot guarantee and does not promise any specific results from use of the Penalty Shootout Services.
11. Limitation on Liability. In no event shall Penalty Shootout be liable to you or any third party for any direct or incidental, damages including, without limitation, lost profit damages arising from your use of the Penalty Shootout Services.
12. Indemnity. You agree to indemnify and hold Penalty Shootout, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable legal fees, made by any third party due to or arising out of your use of the Penalty Shootout Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Penalty Shootout Services.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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