
Published on 16th September 2009
Last Updated: 8 February, 2009
TERMS OF USE
The FOOTBALLGEEK.COM.AU Web Site (the "Site") is an online information service provided by FOOTBALLGEEK ("FOOTBALLGEEK.COM.AU "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. FOOTBALLGEEK.COM.AU MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are FOOTBALLGEEK.COM.AU, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to FOOTBALLGEEK.COM.AU a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to FOOTBALLGEEK.COM.AU by all means and in any media now known or hereafter developed. You also grant to FOOTBALLGEEK.COM.AU the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against FOOTBALLGEEK.COM.AU for any alleged or actual infringement or misappropriation of any proprietary right in your communications to FOOTBALLGEEK.COM.AU.
Updating this Policy
Football Geek may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.
Your Registration Obligations
You agree that you will provide Football Geek with accurate registration information. You may not:
1.select or use as a Football Geek Username a name of another person with the intent to impersonate that person;
2.use as a Football Geek Username a name that is otherwise offensive, vulgar or obscene.
3.you shall be responsible for maintaining the confidentiality of your Football Geek password.
Services are available only to individuals who are at least 13 years old. If you do not so qualify, do not attempt to register for or use the Services.
User Conduct
In order to use the features of FootballGeek.com.au, you must agree with the following rules:
1. The stories you submit at footballgeek.com.au/submit must be related to football
2. All posts must be written in English
3. No inappropriate or illegal material, including pornography, cracks, serials, gambling, drugs is to be posted or linked to
4. No inaccurate, false, or misleading posts are to be made about persons, clubs or organisations
5. No defamatory posts or comments
6. Do not spam, splog, abuse this site or any other member. Any posts which appear as spam will result in the user being banned permanently
7. No abuse, insults, threats of violence or personal attacks are to be made to registered users of Football Geek or to moderators and employees of Football Geek
8. No business advertising are to be posted by you
9. No swearing in story titles and/or descriptions.
10. No racism, sexism, bigotry or other forms of discrimination are to be expressed by you in anyway on this website
11. You acknowledge that all comments/posts that you make on FootballGeek.com.au are your views and opinions and not the necessarily the views and opinions of the moderators or owners of Football Geek, and hence Football Geek will not be held liable for views and comments that you express.
12. You never use anyone else’s account, username or impersonate any real person
13. You must not artificially inflate the karma points for stories and comments by: creating multiple accounts for the purpose of artificially inflating or deflating karma points; accept payment or other remuneration in exchange for votes; or participate in any other activities used for artificially inflating or deflating karma points.
Violating any of these rules will result in a private warning from the web administrator and/or a permanent ban, with or without warning.
As well, any posts or threads breaching one or more of our rules will be subject to deletion. FootballGeek.com.au reserves the right to respond with harsher consequences as required.
Privacy Policy
Football Geek's current privacy policy is available at footballgeek.com.au/privacy.
Links
Football Geek provides links to other World Wide Web sites or resources. Football Geek has no control over such sites and resources, because of this you acknowledge and agree that Football Geek is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Football Geek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Termination
Football Geek may terminate or suspend your Football Geek account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Football Geek account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
WEBSITE DISCLAIMER
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Football Geek makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Football Geek does not warrant that:
-this website will be constantly available, or available at all; or
-the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Football Geek will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
-to the extent that the website is provided free-of-charge, for any direct loss;
-for any indirect, special or consequential loss; or
-for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or -loss or corruption of information or data.
These limitations of liability apply even if Football Geek has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Football Geek's liability in respect of any:
-death or personal injury caused by Football Geek's negligence;
-fraud or fraudulent misrepresentation on the part of Football Geek; or
-matter which it would be illegal or unlawful for Football Geek to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Football Geek has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Football Geek's employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Football Geek's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Football Geek.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
This website disclaimer
This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com