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Terms of Service for FIFA KOREA Membership Service
PLEASE FAMILIARIZE YOURSELF WITH THESE TERMS OF SERVICE. THE TERMS OF SERVICE MAY CHANGE FROM TIME TO TIME. PLEASE CHECK BACK HERE TO FIND OUT YOUR RIGHTS AND OBLIGATIONS IN USING THESE SERVICES.
1. ACCEPTANCE OF TERMS
Welcome to FIFA KOREA provides its service to you subject to the following Terms of Service ("TOS"), whether or not you have registered for the service. These TOS may be updated by FIFA KOREA from time to time. You can review the most current version of the TOS at any time at http://www.fifakorea.net/english/policy.htm.
In addition, when using particular FIFA KOREA services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Please be aware that FIFA KOREA has created certain services and areas that may contain adult or mature content. You must have attained the age of majority in the province or territory in which you live to access and view such Services and areas.
2. DESCRIPTION OF SERVICE
FIFA KOREA provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, shopping services, soccer related content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new FIFA KOREA service, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that FIFA KOREA assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
a. provide true, accurate, current and complete information about yourself if prompted by the Service registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or FIFA KOREA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FIFA KOREA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). FIFA KOREA is concerned about the safety and privacy of all its users, particularly children.
4. FIFA KOREA PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.fifakorea.net/english/private.htm.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FIFA KOREA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FIFA KOREA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not FIFA KOREA, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. FIFA KOREA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FIFA KOREA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to use the Service in a courteous and co-operative manner, and so as to not abuse the Service or the custom and user-etiquette in place from time to time. You agree that you will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to do any of the following:
(1) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another privacy, hateful, or racially, ethnically or otherwise objectionable;
(2) harm minors in any way;
(3) Content transmitted through the Service;
(4) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(5) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(6) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(7) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(8) "stalk" or otherwise harass another;
(9) engage in deceptive marketing or advertising practices;
(10) collect or store personal data about other users; or access the Services for the purpose of data mining or extracting content from the Services beyond your personal end use.
You acknowledge that FIFA KOREA does not pre-screen Content, but that FIFA KOREA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, FIFA KOREA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FIFA KOREA or submitted to FIFA KOREA, including without limitation information in FIFA KOREA Message Boards, and in all other parts of the Service.
You acknowledge and agree that FIFA KOREA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FIFA KOREA, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from Canada.
8. PUBLIC CONTENT POSTED TO FIFA KOREA
For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public FIFA KOREA Clubs and FIFA KOREA Message Boards, but would not include private FIFA KOREA Clubs or private FIFA KOREA communication services.
(1) With respect to Content you elect to post for inclusion in publicly accessible areas of FIFA KOREA Clubs or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant FIFA KOREA the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific FIFA KOREA Club to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
(2) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant FIFA KOREA the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) world wide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold FIFA KOREA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable lawyers fees, made by any third party, due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your computer facilities, FIFA KOREA account or password, with your knowledge.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FIFA KOREA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FIFA KOREA servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FIFA KOREA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service including without limitation messages and other communications. You acknowledge that FIFA KOREA reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that FIFA KOREA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
FIFA KOREA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FIFA KOREA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
By using the Service, you do not acquire any rights to the Service other than a limited license to use it as provided herein, which can be terminated in accordance with this section. You agree that FIFA KOREA, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if FIFA KOREA believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
FIFA KOREA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that FIFA KOREA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FIFA KOREA shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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. You agree that FIFA KOREA 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 on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FIFA KOREA has no control over such sites and resources, you acknowledge and agree that FIFA KOREA 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 FIFA KOREA 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.
16. FIFA KOREA PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, whether or not applied for. Except as expressly authorized by FIFA KOREA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
FIFA KOREA grants you a personal, non-transferable and non-exclusive right and license for the sole purpose of accessing the Service to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FIFA KOREA for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIFA KOREA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FIFA KOREA MAKES NO REPRESENTATION OR WARRANTY THAT
(1) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
(6) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIFA KOREA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIFA KOREA SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF FIFA KOREA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE SERVICE;
(2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(3) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(5) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SERVICES OR
(6) ANY OTHER MATTER RELATING TO THE SERVICE
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. FIFA KOREA shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. While FIFA KOREA may give you notices from time to time, it is not obligated to do so.
22. COPYRIGHTS and COPYRIGHT AGENTS
FIFA KOREA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FIFA KOREA Copyright Agent the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the site;
(4) your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and FIFA KOREA and govern your use of the Service, superseding any prior agreements between you and FIFA KOREA. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and FIFA KOREA shall be governed by the laws of Seoul, Korea. You and FIFA KOREA agree to submit to the personal jurisdiction of the courts located within Seoul, Korea in relation to claims arising under or related to the TOS. The failure of FIFA KOREA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties?intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our courtroom.
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