These terms and conditions apply to all and any use, access and availability of Football Superstars.
Football Superstars is an online entertainment service operated by Cybersports Limited ("Cybersports").
"Football Superstars" means the online entertainment service, web site, games, competitions, content and services available at or using www.footballsuperstars.com, the Client Software and all Communications.
"Client Software" means the software program and materials made available by Cybersports which must be installed on a suitable computer in order to access and use Football Superstars and any on-line or electronic documentation, together with any and all copies and derivative works of such software program and materials and any and all patches, updates and supplements thereto.
"Communications" means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using Football Superstars.
By using Football Superstars and each time you do so you are telling Cybersports that you understand, accept and are able to accept these terms and conditions and agree to be bound by these terms and conditions.
If you do not accept or understand these terms and conditions you should not use or access Football Superstars or any part of it.
If you are under the age of 18 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you.
In any case you must be over the age of 12 years in order use Football Superstars.
Cybersports may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from:
By using and accessing Football Superstars you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. Cybersports shall have no liability in relation to any hardware, software or other services required to make use of Football Superstars.
Rights of Use
Cybersports grants you a non-exclusive, non-transferable, personal, limited licence to access and use Football Superstars solely for your private, non-commercial, personal use only.
This licence includes the limited right to download content, materials, data and communications temporarily, except for the Client Software, for purposes solely connected with the private, non-commercial, personal use of Football Superstars.
Cybersports grants and by installing the Client Software you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Client Software for your use on either a home or portable computer subject to and in accordance with these terms and conditions and the Client Software EULA.
You may not transfer, sub license or deal in this right without Cybersports' prior written permission.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in Football Superstars and should not be deemed a sale or transfer of any copyright or other right.
Login ID, Nickname, and Password
In order to use and access Football Superstars you will need to register for which you will need to submit various information and choose a Login ID, Nickname, and a Password.
You accept and understand that you must ensure that all information held about you by Cybersports is up to date and that you can amend your registration details at any time through Football Superstars.
The Login ID and Password chosen by and issued to you upon registration with Cybersports is personal to you so that you can use and access Football Superstars and must not be disclosed to any person without Cybersports' prior written consent.
If you think your Login Id, Password, or account have been compromised you must inform Cybersports immediately.
You agree that you are and shall remain responsible for maintaining the confidentiality of your Login ID and Password.
You accept and understand that you are solely liable for any use of Football Superstars using your Login ID, Nickname, and Password whatsoever. DO NOT SHARE YOUR LOGIN ID OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. CYBERSPORTS IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR LOGIN ID, NICKNAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
You warrant and represent that all the information supplied during registration is truthful, complete and correct.
If the information you have supplied is incomplete or incorrect you agree to indemnify Cybersports against any loss or damage incurred by Cybersports and any third parties who may suffer damage as a result of the information that you have supplied.
Restrictions and Obligations
You agree not to:
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of Football Superstars or any part of it;
remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in Football Superstars;
make Football Superstars or any part of it available to any third party;
create software which mimics data or functionality in Football Superstars;
use or deal in Football Superstars except as permitted by these terms and conditions;
include contact details intended to facilitate communication outside of Football Superstars, in any Communication;
use your access to Football Superstars, or information gathered from it, for the sending of unsolicited bulk email;
make any public or commercial use of Football Superstars without Cybersports' prior written consent;
provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to Football Superstars without Cybersports' prior written permission;
display, publish, copy, print, post or otherwise use Football Superstars and the information contained therein for the benefit of any third party or web site without Cybersports' prior written consent;
use or process Football Superstars or any part of it unfairly or for any illegal or immoral purpose;
use Football Superstars or any part of it for any commercial or business purpose;
delete or obscure any copyright or other proprietary notice on Football Superstars.
You agree to comply with these terms and conditions and all rules applicable to the use of Football Superstars.
Football Superstars may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of Football Superstars and you expressly consent to Cybersports monitoring your computer's random access memory for said unauthorized third party programs.
Intellectual Property Rights
Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in Football Superstars belong to and vest in Cybersports, or are licensed to Cybersports.
All intellectual property rights of Cybersports are hereby asserted and reserved.
All third party trade names and trade marks are the property of their respective owners and Cybersports makes no warranty or representation in relation thereto.
Cybersports does not claim or assert any right title or interest in any third party Communications nor any Real World Data.
"Real World Data" means information or data contained on or in Football Superstars that refers to real world events, people, organisations, teams, clubs, places, stadia, companies, or competitions. All Real World Data and all rights in Real World Data are the property of their respective owners and Cybersports does not have and does not represent any connection or association with any Real World Data or any subject of any Real World Data. Real World Data is included in Football Superstars for the purpose of providing information only and to identify honestly and fairly real world facts.
Forum and Communications
Football Superstars is an entertainment service and ancillary to this Cybersports is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit.
The views expressed in any Communications are the views of the individual authors and not those of Cybersports unless specified otherwise by Cybersports.
Cybersports is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
By using Football Superstars you acknowledge that Cybersports has no responsibility to review the content of any Communications and that all Communications are made available on the basis that Cybersports is not required to and does not exercise any control or judgement of their content.
Notwithstanding the foregoing Cybersports shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
You agree that Cybersports may use, publish, edit, modify and adapt your Communications for any and all purposes relating to Football Superstars and the business of Cybersports and you hereby grant it an unrestricted non-exclusive licence and all necessary permissions, consents and licences required for it to use your Communications in that way. You further waive all so called moral rights in your Communications.
You agree and undertake that you will not make any Communication or post to or transmit to Football Superstars any statement or material, nor use Football Superstars in any way, that:
is unlawful or which gives rise to civil or criminal liability;
promotes any illegal or unlawful activity;
infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
is abusive, pornographic, defamatory, discriminatory or obscene;
harasses any person;
markets or promotes any third party;
interferes with another user's use and enjoyment of Football Superstars;
impersonates any moderator, administrator or any staff or other persons connected with Cybersports;
infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;
includes restricted / password protected content or materials;
exploits any other person;
solicits passwords or personal information;
provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
tries to gain unauthorized access to any computer, servers or any part of Football Superstars including its servers, network and the computers of other users;
tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of Football Superstars;
engages in or solicits commercial activities or sales without Cybersports' prior written consent such as, without limitation, contest, gambling, betting, sweepstakes, barter, sales advertising, investments and pyramid schemes;
refers to any material that is inappropriate;
seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
If you discover any material which you believe contravenes these terms and conditions please notify a moderator with details of the page you found it on. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Cybersports has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using Football Superstars and its services you accept that this is the case and accept that you therefore use Football Superstars at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
You acknowledge and agree that, if necessary, Cybersports will communicate with you via the email address you have provided us. Notices that are applicable to all Cybersports customers shall be made available on the Football Superstars websites or otherwise within Football Superstars. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.
All emails sent by Cybersports and attachments thereto are intended for the addressee only.
Cybersports provides and maintains Football Superstars for personal entertainment on an "as is" basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by Cybersports and all use and access of External Sites is made at your own risk. "External Sites" means third party web sites and online services to which Football Superstars links.
Cybersports gives no other warranty in connection with Football Superstars and to the maximum extent permitted by law, Cybersports excludes liability for:
any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Cybersports has been made aware of;
the accuracy, currency or validity of information and material contained within any Communications or Football Superstars;
any interruptions to or delays in updating Football Superstars;
any incorrect or inaccurate information on Football Superstars;
the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of Football Superstars;
the availability, quality, content or nature of External Sites;
any transaction involving External Sites;
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Football Superstars, or any Communication;
all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
Cybersports does not warrant that the operation of Football Superstars will be uninterrupted or error free.
Cybersports will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of Football Superstars you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Football Superstars.
You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account.
You hereby indemnify, defend and hold Cybersports and Cybersports' officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of Football Superstars any Communications and any use of your membership account. You shall use your best efforts to cooperate with Cybersports in the defense of any claim. Cybersports reserves the right, at Cybersports' own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Without limiting to any other rights it may have Cybersports may remove, restrict, cancel or suspend access to and use of Football Superstars and any part of it, if it considers (in its sole discretion) that you have breached of any of these terms and conditions.
Privacy and Data Policy
Cybersports will only use information collected about you in accordance with the Data Protection Act 1998.
Cybersports may ask you for certain information and you may submit personal data to Football Superstars (such as your name, email address and contact details) when you subscribe or sign up to Football Superstars.
Cybersports may also record which parts of Football Superstars and services you are interested in as well as user traffic patterns and site use. This information will be kept securely in accordance with an internal security policy and may be used to:
(a) process your Communications, your subscription to Football Superstars and to enable your use of Football Superstars and associated services;
(b) open and run your account and provide you with an up to date, efficient and reliable service;
(c) administer prize draws;
(d) generally run Football Superstars.
By subscribing and submitting your data you agree to this use.
From time to time Cybersports also monitor and record telephone calls for training purposes and to improve the service to you.
Cybersports will never collect sensitive information about you without your explicit consent.
In accordance with the Data Protection Act 1998, Cybersports is registered with the Information Commissioner with registration number Z1183190.
If you believe Cybersports has information about you that you do not want Cybersports to have or that is incorrect please contact Cybersports as described below and Cybersports shall correct or remove the data as you request as soon as reasonably practicable.
Cybersports gives you a choice of whether or not you want Cybersports or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. Cybersports won't sell or trade personal information to other companies but Cybersports would like to keep you informed of the developments on Football Superstars and certain games and Cybersports would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU).
Cybersports will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
If you don't disable cookies Football Superstars will ask for and store details including your name and email address and may automatically insert certain information on the subscription or Communications forms so that you can use Football Superstars with less form filling.
Privacy and In Game Advertising
Football Superstars software includes features which enable advertising to appear when using it. If you use Football Superstars you will receive advertising messages that appear within and in context with game environments to enhance the realism of it. To provide this functionality, technology developed by IGA Worldwide Inc. has been integrated into Football Superstars. This technology will automatically deliver location-based advertising and log and transmit certain information about your interaction with the advertising. If you do not wish to receive contextual advertising messages, do not play this game while connected to the Internet
In order to select the content that is displayed during use, IGA uses the IP address of the computer on which the Client Software is used. The IP address is used to determine the user's country or city, the Client Software being used, the size and length of time that content is displayed within a game when the Client Software is used and the length of that use.
IGA does not use IP addresses to ascertain the identity of any individual game user.
This ad serving technology is integrated into the Client Software; to refuse use of the technology, do not play the game while connected to the Internet.
IGA Worldwide Inc. is registered with the Safe Harbour in the USA:
IGA Worldwide Ltd. is registered under the Data Protection Act 1998 with the UK Information Commissioner with registration number Z9642538.
Football Superstars is free to use and play.
As part of and to enhance your use and enjoyment of Football Superstars you may be able to obtain additional features that form part of the Football Superstars experience ('Gameplay Features').
Gameplay Features are features of a service that that may used subject to these terms and conditions and on the basis of the licence granted by these terms and conditions. These terms and conditions and your use of Football Superstars do not give you any rights of ownership in any property whether tangible or intangible (including without limitation in any Gameplay Feature).
Gameplay Features may be exchanged for other Gameplay Features in and as part of Football Superstars only. Gameplay Features include a virtual currency used in and as part of Football Superstars, known as 'FS Dollars'.
You may obtain or receive Gameplay Features (including FS Dollars) free of charge as part of and as a result of your participation in Football Superstars.
You may also purchase additional Gameplay Features using your credit or debit card, cheque, postal order, international money order, bank transfer or through a Paypal account, including Gameplay Features known as 'FS Credits'.
FS Credits may be exchanged only for FS Dollars and certain other Gameplay Features described in Football Superstars as being capable of being exchanged for FS Credits from time to time.
Other Gameplay Features may not be exchanged for FS Credits and FS Credits may only be obtained in the manner aforesaid.
FS Dollars and FS Credits are Gameplay Features and in common with all Gameplay Features have no cash or real world value.
It is a condition and fundamental term of these terms and conditions and your use of Football Superstars that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Gameplay Feature (including without limitation FS Dollars and FS Credits) outside of Football Superstars or in any way other that as expressly provided above namely that certain Gameplay Features may only be exchanged for certain other designated Gameplay Features in and as part of Football Superstars only.
It is a further condition and fundamental term of these terms and conditions that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspect of Football Superstars including without limitation your Football Superstars account, password or username.
When you buy a Gameplay Feature you are buying a right to use that Gameplay Feature within, in and as part of Football Superstars only, in accordance with these terms and conditions.
Gameplay Features that may be purchased are advertised for sale on Football Superstars so that you may offer to purchase them for the price stated in the manner described below.
When you complete and submit the online form required to purchase Gameplay Features you are offering to purchase them for the price stated ("Order").
Orders are subject to these terms and conditions and will be confirmed by e-mail. Orders are deemed accepted when Cybersports sends the confirmation e-mail.
Cybersports may cancel any sale and not supply Gameplay Features if it is reasonable to do so and may change or discontinue the availability of Gameplay Features at any time at its sole discretion.
You may cancel your Order of Gameplay Features at any time up to the end of the seventh (7th) working day after receiving them, except where you have taken advantage of or used the Gameplay Features. Once notified, Cybersports shall, as soon as possible, refund or re-credit your account with any sum debited by it from your credit card or debit card or use reasonable efforts to procure that the charge does not appear on your phone bill in respect of those Gameplay Features and remove your Gameplay Features from Football Superstars.
The charge will appear on your monthly credit card bill or bank statement. Credit card Orders will be confirmed by e-mail and are deemed accepted when Cybersports sends the confirmation e-mail. All Order details and invoices will be sent to the credit card or debit card billing address and not the shipping address where they differ.
You will not be charged for any Orders that cannot be fulfilled and where appropriate Cybersports will re-credit to your account any sum debited by Cybersports.
Cybersports cannot guarantee that a particular Gameplay Feature will always be available.
Your statutory rights are unaffected by these terms and conditions.
PLEASE DO NOT SEND CASH. CYBERSPORTS MAY NOT ACCEPT CASH (BUT RESERVES THE RIGHT TO DO SO). CYBERSPORTS WILL NOT BE RESPONSIBLE FOR CASH, POSTAL ORDER, MONEY ORDER OR CHEQUE LOST IN THE POST OR SENT TO BUT NOT RECEIVED BY CYBERSPORTS.
These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit Cybersports' liability for death or personal injury resulting from its negligence nor any fraudulent representation.
All questions, comments or enquiries should be directed by email to email@example.com or by post to Cybersports Limited at Dunstan House, 14A St Cross Street, London EC1N 8XA.
These terms and conditions constitute the entire agreement between you and Cybersports and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
Use of the word 'including' in these terms and conditions means including without limitation.
Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
Football Superstars is intended for and directed at the United Kingdom and no representation or warranty is made as to whether Football Superstars complies with the regulatory regime and local laws of any other country.
Use of Cybersports and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
All questions, comments or enquiries should be directed to Cybersports at firstname.lastname@example.org
Registered company number: 05916825
Registered company address: at Dunstan House, 14A St Cross Street, London EC1N 8XA.
These terms and conditions include the terms and conditions of the Client Software EULA as follows:
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE USING, DOWNLOADING OR INSTALLING THIS SOFTWARE PROGRAM OR USING IT IN CONNECTION WITH THE RELATED ONLINE SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CLIENT SOFTWARE EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE SOFTWARE.
PLEASE NOTE: This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (the "Client Software") are the copyrighted work of Cybersports, its subsidiaries, licensors and/or its suppliers. All use of the Client Software is governed by the terms of this End User License and Warranty Agreement ("Client Software EULA") and the terms and conditions applicable to the use of the related online service available at http://footballsuperstars.com/register/terms_and_conditions/ ('Online Service Terms') which are incorporated into this Client Software EULA.
The Client Software is solely for use in connection with the use and access of the online entertainment service, web site, games, competitions, content and services available at or using www.footballsuperstars.com, (the 'Online Service') by end users according to the terms of the Client Software EULA and the terms and conditions applicable to the use of the Online Service. Any use, reproduction or redistribution of the Client Software not in accordance with the terms of the Client Software EULA is expressly prohibited.
Reference to Client Software in this Client Software EULA shall include the Online Service where and to the fullest extent that the content permits.
1. Limited Use License. Cybersports hereby grants, and by installing the Client Software you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Client Software for your use on either a home or portable computer subject to the terms of this Client Software EULA. You may not network the Client Software or otherwise install it or use it on more than one computer at a time. The Client Software is licensed, not sold. Your license confers no title or ownership in the Client Software.
2. Ownership. All right, title, interest and ownership rights in the Client Software and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights ('Intellectual Property Rights'), in or connected with and to the Client Software and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Client Software) are owned by, belong to and vest in Cybersports or its licensors. The Client Software is protected by the copyright laws of all countries on the Earth, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Client Software may contain certain licensed materials and Cybersports licensors may act to protect their rights in the event of any violation of this Client Software EULA. All trade marks are the property of their respective owners.
3. Responsibilities of End User.
Subject to the grant of license herein above, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Client Software, or remove any proprietary notices or labels on the Client Software without the prior consent, in writing, of Cybersports. Where applicable law provides otherwise (all and any modification, adaptations or improvements shall belong to, vest in and be the exclusive property of Cybersports on creation in any event).
The Client Software is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
You are entitled to use the Client Software for your own personal non-commercial use as described in this Client Software EULA, but you are not entitled to:
sell, distribute or otherwise transfer copies or reproductions of the Client Software to other parties in any way, nor to rent, lease or license the Client Software to others without the prior written consent of Cybersports; or
exploit the Client Software or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site. Cybersports may offer a separate site license agreement to permit you to make the Client Software available for commercial use; contact Cybersports for details;
use, copy, transfer or distribute the Client Software or part of it other than as permitted by this Client Software EULA;
use, assign, rent, loan, charge or otherwise deal in the Client Software or any part or interest therein or under this Client Software EULA except as expressly provided herein;
use the Client Software for any illegal or immoral purposes;
without further licence, use the Client Software, or permit the use of the Client Software, on more than one computer, game console, handheld device or PDA at the same time;
use the Client Software, or permit use of the Client Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by Cybersports and subject to acceptance of the terms and conditions of use;
remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Client Software;
export or re-export the Client Software or any copy or adaptation in violation of any applicable laws or regulations;
create data or executable programs which mimic data or functionality in the Client Software;
otherwise use, copy, transfer or distribute the Client Software or part of it except as expressly permitted by this Client Software EULA or in any manner which is inconsistent with this Client Software EULA.
You must back-up to another secure location, on a regular basis, any data files concerning your use of the Client Software as Cybersports has no liability for lost or corrupted data.
4. Client Software Transfer. You may permanently transfer all of your rights under this Client Software EULA, provided that the recipient agrees to the terms of this Client Software EULA; you agree to remove the Client Software from your home or portable computer and you transfer the applicable Client Software key to the recipient and agree with the recipient to take over your password and username, subject to the terms of this Client Software EULA.
5. Termination. This Client Software EULA is effective until terminated. You may terminate the Client Software EULA at any time by deleting and removing the Client Software from your home or portable computer and destroying your copy of the Client Software in your possession. This Licence will terminate automatically if you fail to abide by any of the terms and conditions. Cybersports may additionally, at its discretion, give notice to terminate this Client Software EULA in the event that it becomes aware that you are failing to comply with the terms and conditions contained herein. In such event, you must immediately destroy and erase the Client Software and all and any copies in your possession or control and stored on any media whatsoever and on Cybersports' request certify that you have done so.
6. Export Controls. The Client Software may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which this country has an embargo in force.
7. Limited Warranty. Cybersports does not warrant that the operation of the Client Software will be uninterrupted or error free or that errors can be corrected. The Client Software is provided without any warranties or guarantees save as specifically provided in these conditions and to the extent permitted by the applicable law. These warranties set out above define in full the extent of Cybersports' liability, warranties and your remedies. To the maximum extent permitted by law, Cybersports Limited excludes liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CYBERSPORTS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE CLIENT SOFTWARE AND MANUAL(S). THE CLIENT SOFTWARE AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Client Software and manual(s) remains with you, however Cybersports warrants in respect of the Client Software distributed on a unit of physical media that for a period of up to and including 90 days from the date of the initial purchase of the Client Software the master disk on which the Client Software is furnished shall be free from defects in material and workmanship. In the event that the master disk proves to be defective during that time period, and upon presentation to Cybersports of proof of purchase of the defective Client Software, Cybersports will at its option; 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER CYBERSPORTS, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE CLIENT SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
Cybersports and its licensors will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, computer failure, errors or loss of business or other information as a result of possession, use or malfunction of the Client Software, even if it has been advised of the possibility of such loss. Cybersports and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Client Software has been modified in any manner (not by Cybersports or its licensors) after it has been bought. The liability of Cybersports and its licensors shall not exceed the actual price paid for the Client Software.
Cybersports, its developer and their licensors do not seek to exclude or limit liability for any death or personal injury arising from their negligence.
You agree to indemnify, defend and hold Cybersports and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions in using the Client Software otherwise than in accordance with the terms of this Client Software EULA.
9. Equitable Remedies. You hereby agree that Cybersports would be irreparably damaged if the terms of this Client Software EULA were not specifically enforced, and therefore you agree that Cybersports shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Client Software EULA, in addition to such other remedies as Cybersports may otherwise have available to it under applicable laws.
10. In the event that any provision of this Client Software EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Client Software EULA shall remain in full force and effect.
11. APPLICABLE LAW. The Online Service is intended for use and may only be used in countries where all such use is lawful. To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Client Software, Online Service and this Licence Agreement are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Client Software and Online Service the following provisions shall apply. If you acquired this Client Software in the United States, this Client Software EULA is governed by the laws of the State of Pennsylvania. If you acquired this Client Software in Canada, unless expressly prohibited by local law, this Client Software EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Client Software in the European Union, Iceland, Norway or Switzerland, then local law will apply. If you acquired this Client Software in any other country, then local law will apply.
You hereby acknowledge that you have read and understand this Client Software EULA and the Online Service Terms and agree that the action of installing the Client Software is an acknowledgement of your agreement to be bound by the terms and conditions of the Client Software EULA contained herein. You also acknowledge and agree that this Client Software EULA is the complete and exclusive statement of the agreement between Cybersports and you and that the Client Software EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Cybersports and you, including any inconsistent written license agreement accompanying the Client Software.
Cybersports may also remove or suspend access to the Online Service at any time.
© 2010 Cybersports. All rights reserved.
Football Superstars, the Football Superstars logo, Cybersports and the Cybersports logo are trade marks or registered trade marks of Cybersports in the United Kingdom and/or other countries. All other trade marks and registered trade marks are the properties of their respective owners.