|
|
1. ACCEPTANCE OF TERMS
Welcome to Memir Software Ltd. Memir Software Ltd. provides its service
to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time at:
http://www.playonlinesoccer.com/terms In addition, when using
particular services, you and Memir Software Ltd. 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 (including
but not limited to our Spam Policy) are hereby incorporated by reference
into the TOS.
2. 14-DAY MONEY BACK GUARANTEE
For the first 14 days after purchasing a 1 Year or 6 Month
Membership Code, Memir Software Ltd. will fully refund you if you are
not satisfied with our service. A 1 Month Membership code can only
be refunded if it is unused.
3. DESCRIPTION OF SERVICE
Memir Software Ltd. currently provides users with access to a rich collection
of resources. You understand and agree that the Service may include
advertisements and that these advertisements are necessary for Memir
Games Ltd to provide the Service. You also understand and agree
that the service may include certain communications from Memir Games
Ltd, such as service announcements, administrative messages and
the Memir Software Ltd. Newsletter, and that these communications are
considered part of Memir Software Ltd. membership and you will not be
able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including
the release of new Memir Software Ltd. properties, shall be subject
to the TOS. You understand and agree that the Service is provided
"AS-IS". You are responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery
of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the applicable
jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) 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 Memir Software Ltd. has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Memir Software Ltd.
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).
5. Memir Software Ltd. PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://www.playonlinesoccer.com/privacy
6. 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 Memir Software Ltd. by emailing support@playonlinesoccer.com
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. Memir Software Ltd. cannot and will not
be liable for any loss or damage arising from your failure to comply
with this Section 5.
7. MEMBER AND VISITOR 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 Memir Software Ltd., are entirely
responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Memir Software Ltd. 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 Memir Software Ltd. 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, transmitted or otherwise made
available via the Service.
We provide the following Service; iSoccer game and forum. You
agree to not use the Service to:
Upload, post, email, transmit or otherwise make available 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 Memir Software Ltd. official, Admin or Moderator, 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 Service;
Upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available 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, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
Upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation.
Upload, post, email, transmit or otherwise make available 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;
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;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
Should you use the iSoccer Forum, You agree to the following Rules
of Conduct;
All Ban cases are dealt with via email to support@playonlinesoccer.com.
The forum is NOT a place to be discussing or making protests about
banned player(s). Complaints about other players (including Moderators
/ Admin) should be dealt with via support@playonlinesoccer.com email
and not on the forum. Any posts found of this nature or that are
unsuitable for public viewing will be removed. You also agree that
a ban on the forum could result in the suspension of any iSoccer
account(s) you hold, blocked access to our Service or termination
of your account(s) you hold on the forum or iSoccer game without
any refund.
You acknowledge that Memir Software Ltd. may not pre-screen Content,
but that Memir Software Ltd. 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, Memir Software Ltd. 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 Memir Software Ltd. or submitted to Memir Software Ltd., including
without limitation information in Memir Software Ltd. Message Boards,
and in all other parts of the Service.
You acknowledge, consent and agree that Memir Software Ltd. may access,
preserve, and disclose your account information and Content if required
to do so by law or in a good faith belief that such access 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; (d) respond to your requests
for customer service; or (e) protect the rights, property, or personal
safety of Memir Software Ltd., 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.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and use of these materials is subject to usage
rules set by Memir Software Ltd. and/or content providers who provide
content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is
strictly prohibited.
8. 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.
9. INDEMNITY
You agree to indemnify and hold Memir Software Ltd., 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
Content you submit, post, transmit or make available 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.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the Service
(including your iSoccer I.D.), use of the Service, or access to
the Service.
11. TERMINATION
You agree that Memir Software Ltd. may, under certain circumstances
and without prior notice, immediately terminate your iSoccer account,
and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) extended periods of inactivity, (e) throwing
games, losing games intentionally to transfer points or any other
form of cheating, (f) a ban from any other Service provided by Memir
Games Ltd; including iPool & iSnooker forums, iPool game, iSoccer game &
mGames.
12. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Memir Software Ltd.
has no control over such sites and resources, you acknowledge and
agree that Memir Software Ltd. 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 Memir Software Ltd. 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.
13. Memir Software Ltd.'s 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. Except as expressly authorized by Memir Software Ltd.
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.
Memir Software Ltd. grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software ; provided
that you do not (and do not allow any third party to) 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 Memir Software Ltd. for use in accessing
the Service.
14. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Memir
Games Ltd 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.
Memir Software Ltd. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Memir Games MAKES A 95% WARRANTY ON ONLINE SERVER UPTIME. TIME
LOST DUE TO SERVER DOWNTIME WILL BE REFUNDED IN THE FORM OF EXTRA
PLAYING DAYS MATCHING THE AMOUNT OF DAYS LOST.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY
OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this Agreement.
16. NOTICE
Memir Software Ltd. may provide you with notices, including those regarding
changes to the TOS, by either email, regular mail, or postings on
the Service.
17. VIOLATIONS
Please report any violations of the TOS to support@playonlinesoccer.com
|
