1. ACCEPTANCE OF TERMS
Welcome to the website of Soccer Newsday (hereinafter, "us", "we", “our”, or "SoccerNewsday.com"). By using Soccer Newsday you agree to abide and be bound by these Terms of Service (the "TOS"). Any new service available on Soccer Newsday or any modification of an existing service shall be governed by the TOS, which may be modified or updated from time to time. We reserve the right to modify the TOS by posting a notice on our website, or by sending you a notice via email, postal mail or phone. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of the TOS as modified. We therefore strongly encourage you to regularly review the TOS.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE SOCCER NEWSDAY.
2. THE SOCCERNEWSDAY.COM SERVICE
SoccerNewsday.com provides Soccer Newsday users with aggregate third-party website links such as, including, but not limited to, RSS news feeds, podcasts, website news links, blog posts, video posts and Widgets (the “Soccer Newsday.com Service”). A “Widget” is defined as a software element providing content, including feeds and data, you can add, remove, resize and reposition. The Soccer Newsday.com Service does not provide content but rather operates as an enhanced web browser.
The use of the Soccer Newsday.com Service is free, although third parties may decide to charge a fee for accessing their content in whole or in part. Unless explicitly stated otherwise, any new features that enhance the current Soccer Newsday.com Service shall be subject to these TOS. In order to use the Soccer Newsday.com 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.
RSS feeds may be added from the Soccer Newsday websitevia professional content providers, Soccer Newsday staff or other users.
3. USAGE OBLIGATIONS
To access and use the Soccer Newsday.com Service, you must be at least 18 years old, legally capable of entering into a binding agreement and acknowledge that some Third-Party Content might be found offensive by some and might not be suitable for individuals under the age of 18. You must also abide by all applicable statutes and regulations in the United States and, if applicable, in your home country. If you do not meet all of these conditions, do not use the Soccer Newsday.com Service. SoccerNewsday.com may refuse to offer the Soccer Newsday.com Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
4. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, audio, messages, lists 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 SoccerNewsday.com or any of its partners, are entirely responsible for all Content that you upload, post or otherwise transmit via the Soccer Newsday.com Service. SoccerNewsday.com does not control the Content posted via the Soccer Newsday.com Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Soccer Newsday.com Service, you may be exposed to Content that is offensive, indecent or objectionable.
As a condition for accessing and using the Soccer Newsday.com Service, you agree:
To respect the privacy of others, including that of your friends and followers, and the confidentiality of the information you may receive and not to 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;
To always provide truthful, sincere and actual personal data and information and to update said data and information as needed so that they remain true, complete, accurate, and current;
To respect the rights of others and, more generally, all applicable laws and regulations relevant to your use of the Service, and not to make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyrights, trademarks, service marks or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
You agree to not use the Soccer Newsday.com Service to:
Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a SoccerNewsday.com official, staff member, sponsor or affiliate, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Soccer Newsday.com Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
Upload, post 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 or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post 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;
Promote or use the Site for a commercial purpose for competitive products, except as expressly permitted by SoccerNewsday.com;
Keyword spam or to otherwise attempt to manipulate search results;
Not to 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 and you agree to respect the privacy of others, including that of your favorite merchants, friends and followers, and the confidentiality of the information you may receive;
Interfere with or disrupt the Soccer Newsday.com Service or servers or networks connected to the Soccer Newsday.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Soccer Newsday.com Service;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"Stalk" or otherwise harass another individual, staff member, sponsor, affiliate or linked 3rd party website;
Collect or store personal data about users any individual or sponsor (including for the purposes of advertising to or soliciting any SoccerNewsday.com user to buy or sell any products or services) other than customers who willingly provide such information in order to explore bona fide business opportunities or connections.
In case of any violation of Sections 4(B)i through 4(C)xiv above, SoccerNewsday.com reserves the right to cancel or rename your account and/or to block you from accessing the Soccer Newsday.com Service as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion. SoccerNewsday.com also reserves the right to block the distribution of your Content or any third-party content through the Soccer Newsday.com Service. You also agree that SoccerNewsday.com may modify, at its sole discretion, the name of Your Public Page for any reason, including your use of a generic name to identify your Public Page.
In addition, you agree that all hyperlinks and other offers comprising the Soccer Newsday.com Service (e.g. hyperlinks provided in connection with SoccerNewsday.com's RSS feeds and 3rd party links) may not be modified from the original form in which such hyperlinks and other offers are generally made available by SoccerNewsday.com.
7. CONTENT SUBMITTED TO SOCCER NEWSDAY
SoccerNewsday.com does not claim ownership of the Content coming through RSS Feeds, user submissions, 3rd Party website news links/video/audio/podcasts/photos/tweets/personal quote and other information linked to externally – submitted to SoccerNewsday.com our website, verbally or by email. By uploading, submitting or otherwise disclosing or distributing content of any kind on the SoccerNewsday.com website or otherwise through the Soccer Newsday.com Service, you:
Grant to SoccerNewsday.com, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Soccer Newsday.com Service, including without limitation, any concepts, ideas or know-how embodied therein;
Represent and warrant to SoccerNewsday.com that you own or otherwise control all rights to such content and that disclosure and use of such content by SoccerNewsday.com (including without limitation, publishing content at the SoccerNewsday.com website) will not infringe or violate the rights of any third party; and
Acknowledge that the content may not be treated confidentially.
You agree not to provide SoccerNewsday.com with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that SoccerNewsday.com does not pre-screen Content, but that SoccerNewsday.com and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Soccer Newsday.com Service. Without limiting the foregoing, SoccerNewsday.com and its designees shall have the right to remove any Content that violates these 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.
You also acknowledge that the activity of creating, submitting or sharing Your Content may give rise to various types of legal liabilities and you represent that Your Content (whether or not you are the author of said content) complies at all times (both when first submitted and throughout its accessibility on Soccer Newsday) with the TOS and all applicable laws. You understand that SoccerNewsday.com does not exercise any control over (other than technical if necessary) and does not pre-screen Your Content and Third-Party Content and may not be held liable for their communication to the public.
You agree to indemnify and hold SoccerNewsday.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Soccer Newsday.com Service, your connection to the Soccer Newsday.com Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Soccer Newsday.com Service, use of the Soccer Newsday.com Service, or access to the Soccer Newsday.com Service.
10. MODIFICATIONS TO SERVICE
SoccerNewsday.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Soccer Newsday.com Service (or any part thereof) with or without notice. You agree that SoccerNewsday.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Soccer Newsday.com Service.
11. TERMINATION OF SERVICE
You agree that SoccerNewsday.com, in its sole discretion, may terminate your access, password, posts, submissions, use of the Soccer Newsday.com Service or use of any other SoccerNewsday.com service, and remove and discard any Content within the Soccer Newsday.com Service, for any reason, including, without limitation, for lack of use or if SoccerNewsday.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SoccerNewsday.com may also in its sole discretion and at any time discontinue providing the Soccer Newsday.com Service, or any part thereof, with or without notice. You agree that any termination of your access to the Soccer Newsday.com Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SoccerNewsday.com may immediately deactivate or delete your SoccerNewsday.com access, login, posts, and all related information and files and/or bar any further access to such files or the Soccer Newsday.com Service. Further, you agree that SoccerNewsday.com shall not be liable to you or any third-party for any termination of your access to the Soccer Newsday.com Service.
12. THIRD PARTY ADVERTISING
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Soccer Newsday.com 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 merchant or advertiser. You agree that SoccerNewsday.com 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 Soccer Newsday.com Service.
The Soccer Newsday.com Service may provide, or third parties may provide, links to other World Wide Web sites, pages, headlines, posts or resources. Because SoccerNewsday.com has no control over such sites and resources, you acknowledge and agree that SoccerNewsday.com 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 SoccerNewsday.com 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.
14. SOCCERNEWSDAY.COM PROPRIETARY RIGHTS
You agree that all content and materials delivered via the Soccer Newsday.com Service or otherwise made available by SoccerNewsday.com are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by SoccerNewsday.com in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print a reasonable number of copies of the materials or content at SoccerNewsday.com's website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from SoccerNewsday.com's website to create or compile, directly or indirectly, a collection, database or directory without written permission from SoccerNewsday.com is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to USD$1,000 in penalties per instance.
Reproducing, copying or distributing any content, materials or design elements on the SoccerNewsday.comwebsite for any other purpose is strictly prohibited without the express prior written permission ofSoccer Newsday. Use of the content or materials for any purpose not expressly permitted in these TOS is prohibited. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Soccer Newsday.com Service and any necessary software used in connection with the Soccer Newsday.com Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. SoccerNewsday.com grants you a personal, non-transferable and non-exclusive right and license 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 Soccer Newsday.com Service. You agree not to access the Soccer Newsday.com Service by any means other than through the interface that is provided by SoccerNewsday.com for use in accessing the Soccer Newsday.com Service.
15. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SOCCERNEWSDAY.COM SERVICE IS AT YOUR SOLE RISK. THE SOCCERNEWSDAY.COM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SoccerNewsday.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOCCER NEWSDAY MAKES NO WARRANTY THAT (i) THE SOCCERNEWSDAY.COM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SOCCERNEWSDAY.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOCCERNEWSDAY.COM SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOCCERNEWSDAY.COM SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOCCERNEWSDAY.COM 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCCER NEWSDAY OR THROUGH OR FROM THE SOCCERNEWSDAY.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL SOCCERNEWSDAY (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN ONE THOUSAND DOLLARS ($1000), EVEN IF SOCCER NEWSDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. THIRD-PARTY CONTENT - LINKS
SoccerNewsday.com has no control over and does not host Third-Party Content and Third-Party Services. Similarly, we cannot control links to other websites or other Internet resources. These resources, content and services are provided to you "as is" to facilitate your web browsing.
As such, you acknowledge that we may not be held liable with respect to third-party resources, content or services and you undertake to directly and exclusively contact the appropriate third party with any claim or request you may have. We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources. Furthermore, you understand that we may not be held liable for any damages or loss arising from or connected with the use of or the reliance on the contents, goods, or services available on those external sites or sources.
Certain features of the Soccer Newsday.com Service are powered by Facebook.com. Your use of the Soccer Newsday.com Service is also subject to the Facebook Terms of Service available at: http://www.facebook.com/#!/legal/termsand by accepting our/these TOS and using the Soccer Newsday.com Service you also accept and agree to abide by the Facebook Terms of Service.
20. PROPRIETARY RIGHTS
Access to Soccer Newsday. As between you and SoccerNewsday.com, SoccerNewsday.com is the sole holder of all proprietary rights to Soccer Newsday and the Service including the users’ databases. Any reproduction, display, publication, transmission or, more generally, any unauthorized use of Soccer Newsday or the Soccer Newsday.com Service may trigger your liability and result in criminal or civil legal action. You undertake not to access the Service by any means other than those made available to you by SoccerNewsday.com. The use of Third-Party Content may only be done in compliance with the authorization or license granted by the respective right holders.
Intellectual Property Copyright. Soccer Newsday is an original work protected by intellectual property laws and international conventions. Its structure and the Third-Party Content available may be protected by copyright or any other intellectual property right. You warrant that you will not modify, lease, borrow, sell, or distribute these works, or create derivative works based wholly or partly on Soccer Newsday or on Third-Party Content. You may access Soccer Newsday for your personal and private use. Printing is limited to your personal non-commercial use; any other use or communication is prohibited without receiving Soccer Newsday’ prior written consent. All rights not expressly granted to you by the TOS are reserved.
Trademarks. You agree not to use or communicate the Soccer Newsday trademarks or logo without first obtaining our written consent.
Notices to you may be made via either email or regular mail. The Soccer Newsday.com 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 Soccer Newsday.com Service.
These TOS constitute the entire agreement between you and SoccerNewsday.com and govern your use of the Soccer Newsday.com Service, superseding any prior agreements between you and SoccerNewsday.com (including, but not limited to, any prior versions of the TOS).
These TOS and the Soccer Newsday.com Service contemplated hereunder are personal to you, and are not assignable, transferable or sub licensable by you except with SoccerNewsday.com's prior written consent. SoccerNewsday.com may assign, transfer or delegate any of its rights and obligations hereunder without consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other SoccerNewsday.com services, third-party content or third-party software.
The failure of SoccerNewsday.com 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 endeavor 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 Soccer Newsday.com 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.
We reserve the right to correct possible errors on Soccer Newsday and, more generally, to modify, from time to time and without notice, Soccer Newsday or any part thereof. We may not be held liable for any modification, interruption, or suspension of the Service or for any resulting damages.
We may send you notices via email, or display on Soccer Newsday links to said notices. We may use this method, for instance, to inform you of future revisions to the TOS.
23. CHOICE OF LAW
These Terms of Service shall be construed and controlled by the laws of the State of Utah, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Site or Services will be governed by the laws of the State of Utah, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service, the Site or the Services shall be brought exclusively in a federal or state court of competent jurisdiction located within the County of Salt Lake, State of Utah, United States of America and appellate courts therefrom, and you hereby irrevocably consent to the jurisdiction of such court, and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. We will be entitled to recover our court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Service. If you access the Site and/or Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site and/or Services. Please note that in some cases, the laws of your jurisdiction may apply and take precedence.
LAST UPDATED: December 19, 2011