PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE FOOTYBOOK SERVICES AND INCLUDES GRANTS OF RIGHTS TO US, LIMITATIONS ON OUR LIABILITY AND, FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES. YOU SHOULD PRINT A COPY OF THESE TERMS OR SAVE THEM ON YOUR DEVICE IN THE EVENT THAT YOU NEED TO REFER TO THEM IN THE FUTURE.
Footybook is a social network of amateur Australian Rules football players sharing statistics, talent and fun.
Footybook calculates your Footy Fantasy Points via your mobile and allows you to share and compare your performance.
Use of the Footybook services and registration to be a Member for the Footybook services ("Membership") is void where prohibited and subject to compliance with Applicable Law, this Agreement and any applicable Additional Terms. By using the Footybook services, you represent and warrant that (a) other than as authorised in the Non-Standard Profile terms (see below), all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older, and if you are not of the age of majority where you reside, you will only use the Footybook services with parental or legal guardian consent (following their review of this Agreement); and (d) your use of the Footybook services does not violate any Applicable Law. You may not create an Account for anyone other than yourself without the other person's permission. Your Account will be deleted and your Membership may be terminated without warning, if we believe that you have misrepresented your age or identity to us in a manner that violates this Agreement or is unlawful. Registered sex offenders and those convicted of violent crimes are not eligible for Membership.
Term, terms and termination
This Agreement (or if applicable, Other Agreement and/or Additional Terms), in the form posted at the time of your use of the applicable Footybook Services to which it applies, shall govern such use of such Footybook services (including transactions entered during such use). As our site and services evolve, the terms and conditions under which we offer Footybook services may prospectively be modified and we may cease offering the Footybook services under the Agreement or Additional Terms for which they were previously offered. Accordingly, each time you sign in to or otherwise use the Footybook services you are entering into a new agreement with us on the then applicable terms and conditions and you agree that we may notify you of Other Terms by posting them on the applicable Footybook services (or in any other reasonable manner of notice which we elect), and that your use of such Footybook services after such notice constitutes your going forward agreement, to the Other Terms for your new use and transactions. Therefore, you should review the posted Agreement and any applicable Additional Terms each time you use the Footybook services (at least prior to each transaction or submission). The Other Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Agreement (and any applicable Additional Terms) that applied when you previously used the Footybook Services will continue to apply to such prior use (e.g., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the Footybook website, any messages sent from Footybook to you on the Footybook services, and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Footybook Services.
You may terminate your Membership at any time, for any reason, by following the instructions in your Profile Settings. Footybook may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability, except that you may have certain refund rights as provided in the next section. Further, we may deny, restrict, suspend, or terminate your access to all or any part of the Footybook services at any time, for any or no reason, with or without prior notice or explanation, and to the maximum extent permitted by applicable law, without liability, except that you may have certain refund rights as provided in the next section.
In addition, Footybook reserves the right, in its sole discretion, to reassign or rename your username and/or Profile URL and to allow indexing of such URL by third party search engines. Footybook expressly reserves the right to remove your Profile or Content, in whole or in part, and/or deny, restrict, suspend, or terminate your access to all or any part of the Footybook services, if Footybook determines, in its sole discretion, that you have violated this Agreement, are acting in a manner we deem inappropriate for the Footybook services, or pose a threat to Footybook, its employees, business partners, users and/or the public. Even after Membership is terminated, or you cease using the Footybook services, some terms of your Agreement with Footybook may remain in effect.
Fees, offers and refunds
You acknowledge that Footybook reserves the right to charge for any portion of the Footybook services and to change its fees (if any) from time to time in its discretion on a prospective basis. Orders are accepted by us only upon delivery by us of the product or services. We may change terms and conditions of offers from time to time and may refuse or cancel orders; provided, however, that if we have charged you prior to rejecting an order we will issue a refund. We try to accurately describe our products and services, and their pricing, but typos and other errors may occur so we do not warrant those specifications, pricing or other Footybook content or Footybook services will be complete, error-free, current, reliable or accurate. We will make good faith efforts to post corrections when such mistakes of a material nature are discovered and we will provide you with suitable means to allow you to correct any input errors you make before you make a payment for the Footybook services. If Footybook terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). If you terminate your Membership, you shall not be entitled to the refund of any unused portion of fees or payments (if any). If Footybook terminates your Membership, or any ongoing Footybook Services for which you have paid, other than for your breach of the Agreement (or of applicable Additional Terms), then as your sole remedy, Footybook shall provide a pro-rata refund of any fees or payments (if any) for Footybook services that you paid for but that were not yet delivered. Footybook may require that you agree to certain Additional Terms for some Footybook services, such as related to fee-based portions of the Footybook services (e.g., fees to access certain content from your mobile, tablet or other Device). We may offer customer support services from time to time, but are not obligated to do so. Customer support representatives do not have the authority to bind us or to change or waive our rights under this Agreement or any Additional Terms. For Members in the European Union, you acknowledge that you have no right to any cooling-off period under the Distance Selling Directive on the basis that we will provide you the Footybook services before or immediately after we receive your payment for such services.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Footybook immediately if you suspect any unauthorised use of your Account or access to your password. You are solely responsible for any and all use of your Account.
Use by members
The Footybook services are for the personal use of Members and Users and may only be used for direct commercial purposes if they are specifically endorsed or authorised by Footybook. Footybook reserves the right to remove commercial content in its sole discretion. Without limiting the generality of the commercial use restrictions, the unauthorised collection of usernames, user id numbers or similar designation, and/or email addresses of Members by electronic or other means, or employing third party promotional sites or software to promote Profiles for money, is prohibited. Commercial advertisements, endorsements, affiliate links, and other forms of unauthorised data collection or solicitation may be removed from Profiles without notice or explanation and may result in termination of Membership privileges. To maintain the Footybook services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable law, Footybook may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content (as further defined below) posted (including, without limitation, private Footybook messages, public comments, public group chat messages, private group chat messages or private instant messages (collectively, "Messages")) by you, and Footybook may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of Content venues in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or the Agreement or any applicable Additional Terms.
Proprietary rights in content on Footybook
Footybook does not claim any ownership rights in the text, messages, files, images, photos, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the Footybook services. After posting your Content on, through or in connection with the Footybook services, you continue to retain any such rights that you may have in your Content, subject to the limited license granted herein. By posting any Content on, through or in connection with the Footybook services, you hereby grant to Footybook a limited license to use, modify, delete from, add to, combine with other content, publicly perform, publicly display, reproduce, transmit, sell, distribute, and otherwise exploit such Content by all means and manners now or later known, including, without limitation, on, through or in connection with the Footybook services to third party applications; widgets; websites; or mobile, desktop or other services which are linked with your Account at your election (collectively, "Linked Services"). Content submitted by Users and authorised by the User to be distributed on Linked Services need not be maintained on the Footybook services by us for any period of time, and Users will not have the right, once submitted, to access, archive, maintain or otherwise use such Content on the Footybook services or elsewhere. The license you grant is perpetual; provided, however, that after you remove your Content from the Footybook services, we will make commercially reasonable efforts to remove such specific deleted Content from further distribution on the Footybook services, as soon as practicable but, please be aware that any distribution of your Content that may have occurred by you or other Users via Linked Services, or otherwise (e.g., posted on third party User's Profiles, sent by you to other Users, contributed to a mashup of Content from multiple Users, etc) may continue to be displayed, distributed and used. Further, deleted Content may persist in archival copies on Footybook servers for a reasonable period of time. You understand and agree that once Content is distributed to a Linked Service, or incorporated into other aspects of the Footybook services (e.g., as part of a derivative work), Footybook is under no obligation to delete or ask other Users or a Linked Service to delete that Content; therefore, it may continue to appear and be used indefinitely.
The license you grant to Footybook is non-exclusive (meaning you are free to license your Content to anyone else in addition to Footybook), fully-paid and royalty-free (meaning that Footybook is not required to pay you or anyone else deriving rights from you for the use by Footybook of the Content that you post), sub licensable (so that Footybook is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Footybook services and, subject to good faith efforts to honour your Profile Settings, to third party search engines), and worldwide (because the internet and the Footybook services are global in reach). You also hereby grant to Footybook, and agree to grant to Footybook, the unconditional, perpetual, irrevocable, sub licensable, fully-paid and royalty free right to use, share and exploit your name, persona, and likeness, and your Profile information and information about your activities on the Footybook services (including, without limitation, your activities in connection with our sponsors and advertisers), without any obligation or remuneration to you. However, from time to time we may offer you choices regarding how information about you is shared and we will make good faith efforts to honour your elections.
The Footybook services contain Content owned by Footybook ("Footybook Content"). Footybook Content is protected by copyright, trademark, trade secret and other laws, and Footybook owns and retains all rights in the Footybook Content and the Footybook services. Footybook hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Footybook Content (excluding any software code) solely for your personal use (and for the promotional uses permitted to artists hereunder) in connection with viewing the Footybook website and using the Footybook services, and in connection with standard search engine activity or use of a standard Internet browser (e.g., for making cache copies). From time to time, Footybook may make available to Users certain explicitly designated Footybook Content for Users use as part of User Content (defined below) ("Footybook Licensed Elements"), but only for such purposes as may be explicitly stated at the time that the Footybook Licensed Elements are made available on the Footybook services; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Footybook Licensed Elements. The foregoing limited license: (a) does not give you any ownership of, or any other intellectual property interest in, any Footybook Content, and (b) may be immediately suspended or terminated for any reason, in Footybook sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Footybook Content and/or Footybook Licensed Elements, subject to certain Additional Terms. You are only granted a limited license, and, as between you and Footybook, there is not a sale with respect to Footybook Content.
The Footybook Services contain Content of Users ("User Content"). Except as otherwise provided within this Agreement, or in any Additional Terms, you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the Footybook services.
The Footybook services contain Content of third party licensors that are not Users (such licensors, "Third party Licensors" and such content "Third party Content"). Third party Content is protected by copyright, trademark, trade secret and other laws, and each Third party Licensor retains rights in its Third party Content. Subject to any applicable Additional Terms, you are hereby granted a limited, revocable, non sub-licensable license to view, or listen to, as applicable, the Third party Content solely for your personal, non-commercial use in connection with viewing and using the Footybook services and in connection with standard search engine activity or use of a standard Internet browser (e.g., for making cache copies). Except for the foregoing limited license, and except as otherwise expressly provided in writing by Footybook, you are granted no right, title or interest in any Third party Content. You are only granted a limited license, and, as between you and Footybook, there is not a sale with respect to Third party Content. Except as otherwise provided within this Agreement or applicable Additional Terms, or directly authorised by Footybook and/or a Third party Licensor on the Footybook services (e.g., as part of a promotion that encourages you to download specific Third party Content for your use in connection with such promotion), you may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Third party Content (except as may be a result of standard search engine activity or use of a standard Internet browser).
Footybook reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Footybook services.
This Agreement and any Additional Terms include only narrow, limited grants of rights to Footybook Content and to use and access the Footybook services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Footybook and its licensors and other third parties. Any goodwill that is created in connection with your use of Footybook Content or the Footybook services inures to Footybook. Any unauthorised use of any Footybook Content or the Footybook services for any purpose is prohibited.
Please choose carefully the information that you post on, through or in connection with the Footybook services and that you provide to other Users. Information, materials, products or services provided by other Footybook Members (for instance, in their Profiles) or Linked Services may, in whole or in part, be unauthorised, impermissible or otherwise violate this Agreement, and Footybook assumes no responsibility or liability for this material.
Footybook may reject, refuse to post or delete any Content that, in the sole judgment of Footybook, violates this Agreement, is inappropriate for the Footybook services or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. However, we are not obligated to take any action not required by law. Footybook, may, but assumes no responsibility or obligation for reviewing or monitoring the Footybook services for inappropriate Content or conduct. If at any time Footybook chooses, in its sole discretion, to review or monitor the Footybook services, Footybook nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on, through or in connection with any of the Footybook services and/or Linked Services, and any material or information that you transmit to other Members and for your interactions with other Users
The Footybook services are a community and inherently a social media experience. Subject to our good faith efforts to honour your election of certain options we may offer from time to time that may offer you certain choices regarding what is shared and with whom, your activities, Content and Content consumption may be viewable by, or shared with, others on and off of the Footybook services, including advertisers. You consent to this, and irrevocably grant us the sub licensable right to use and exploit your name, persona, likeness, pseudonym, Profile picture, information and Content, and to share it with others, without any obligation or remuneration to you. This may include, without limitation, associating you with commercial, sponsored or related content (such as a brand you like or the sponsors of an ad you click on).
We limit use of the Footybook services to Content and activities that are appropriate, in our discretion, to our venue. The following are examples, without limitation, of the kind of Content or activities that are illegal, or prohibited to post on, through or in connection with the Footybook services ("Prohibited Content"). Footybook reserves the right to investigate and take appropriate action (which may include taking legal action) against anyone who, in Footybook sole discretion, violates this provision, including, without limitation, removing the offending Content from the Footybook services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
Profiles and profile settings
Footybook may allow you to create multiple Profiles associated with your Account on certain aspects of, or all of the Footybook services. We may offer you, from time to time, the ability to choose how you share or make your Profile, or aspects of it, available to others by means of "Profile Settings", which functionality may change as the Footybook services evolve.
Protecting copyrights and other intellectual property
Footybook respects the intellectual property of others, and requires that our Users and Members do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity. It is Footybook policy to terminate, in appropriate circumstances, the Membership of repeat or substantial infringers.
Linked services Linked Services created by third party developers may be available on, through or in connection with the Footybook Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on the Footybook services, shared with other Users on the Footybook services, otherwise accessed via the Footybook services, or which may link to your Profile from outside of the Footybook services. Linked Services may use your Profile information, friends and/or other Profile Content on the Linked Service and share activity events between Footybook and the Linked Service (depending on the features the Linked Service chooses to make available). We may offer you certain ability to control what is initially shared with Linked Services through your Profile Settings, or permission options otherwise made available to you (e.g., when downloading, accessing or activating Linked Services), and we will use good faith efforts to honour those choices.
You are solely responsible for your interactions with other Users, third party developers and any other parties with whom you interact through the Footybook services and/or Linked Services so use caution when dealing with others. Footybook reserves the right, but has no obligation, to become involved in any way with these disputes.
Privacy and communications
Footybook performs technical functions it deems necessary or appropriate to offer the Footybook services, including, but not limited to, the technical processing and transmission of Messages to perform the messaging service, and transcoding and/or reformatting Content to allow its use throughout the Footybook services. In addition, you agree and acknowledge that Footybook may send Messages, whose content may include, but not be limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Footybook services, and/or the services of Footybook affiliates and/or third party business partners.
When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from Footybook by the same method. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOOTYBOOK IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE FOOTYBOOK SERVICES; (B) THE FOOTYBOOK CONTENT ON OR PROVIDED THROUGH THE FOOTYBOOK SERVICES; (C) THE CONTENT OR USER CONTENT (INCLUDING THE ACCURACY AND RELIABILITY THEREOF); (D) THE THIRD PARTY CONTENT; (E) THE LINKED SERVICES; (F) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE FOOTYBOOK SERVICES; (G) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED IN THE FOOTYBOOK SERVICES; AND/OR (H) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM FOOTYBOOK OR OTHERS VIA THE FOOTYBOOK SERVICES.
IN ADDITION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOOTYBOOK IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE FOOTYBOOK SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILISED IN THE FOOTYBOOK SERVICES OR LINKED SERVICES.
PROFILES AND LINKED SERVICES ON, THROUGH OR IN CONNECTION WITH THE FOOTYBOOK SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICES. FOOTYBOOK 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 FOOTYBOOK. INCLUSION OF ANY LINKED WEBSITE OR SERVICE ON THE FOOTYBOOK SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR SERVICE BY FOOTYBOOK. WHEN YOU ACCESS THESE THIRD PARTY SITES AND SERVICES, YOU DO SO AT YOUR OWN RISK. FOOTYBOOK TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICES THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE FOOTYBOOK SERVICES OR LINKED SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY THESE THIRD PARTIES. FOOTYBOOK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE FOOTYBOOK SERVICES OR LINKED SERVICES. FOOTYBOOK ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. FOOTYBOOK IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE FOOTYBOOK SERVICES OR LINKED 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 FOOTYBOOK SERVICES OR LINKED SERVICES.
UNDER NO CIRCUMSTANCES SHALL FOOTYBOOK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE FOOTYBOOK SERVICES OR LINKED SERVICES, ATTENDANCE AT A FOOTYBOOK EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE FOOTYBOOK SERVICES OR LINKED SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE FOOTYBOOK SERVICES, WHETHER ONLINE OR OFFLINE. THE FOOTYBOOK SERVICES AND YOUR ABILITY TO ACCESS THE LINKED SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND FOOTYBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. FOOTYBOOK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE FOOTYBOOK SERVICES OR LINKED SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.
Limitation on liability
IN NO EVENT SHALL FOOTYBOOK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE FOOTYBOOK SERVICES (INCLUDING THE CONTENT AND FOOTYBOOK CONTENT) OR LINKED SERVICES, OR THE PERFORMANCE OF THE FOOTYBOOK SERVICES OR LINKED SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FOOTYBOOK OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE FOOTYBOOK SERVICES, (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS, (D) ANY ERRORS OR OMISSIONS IN THE FOOTYBOOK SERVICES' TECHNICAL OPERATION, OR (E) ANY DAMAGE TO A USER'S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION, EVEN IF FOOTYBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOOTYBOOK LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FOOTYBOOK FOR THE FOOTYBOOK SERVICES DURING THE TERM OF MEMBERSHIP. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF FOOTYBOOK WAS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE FOOTYBOOK SERVICES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT THAT ARE DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT REQUIRED BY APPLICABLE LAW.
Software end user license agreement
Footybook may offer the Footybook services via software applications designed to run on specific operating systems, including, without limitation, mobile operating systems (including any updates and upgrades thereto, the “Software”). The Software is Footybook Content. Subject to the terms of this Agreement, Footybook grants you a limited, non-exclusive, non-sublicense able license to use the Software solely to access the Footybook services. You are not authorised to use the Software in any other manner.
This Agreement is accepted upon your use of the Footybook website or any of the Footybook services, and is further affirmed by you becoming a Member and any continued access or use of the Footybook website or any of the Footybook services. Your agreement with Footybook will always include this Agreement at a minimum, except to the extent modified by another Agreement to which we have mutually agreed. Your access and use of certain Footybook services will require you to accept Additional Terms applicable to such certain Footybook services, in addition to this Agreement, and may require you to download Software or provide Content. The failure of Footybook to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If the remainder of the provision is not affected, we reserve the right to make lawful and reasonable variations to this Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the provision (or part) in question that is deemed to be unlawful, void or unenforceable.
To contact us regarding any questions about this Agreement, please use the Contact Us information available at www.footybook.com.au.