SmashFootball.com Terms of Service
This Statement of the following terms and conditions (the "Terms") governs the relationship between you and this website ("Smash Football") and any services (collectively the "Service") and content (the "Content") offered here. By using this website, you agree to be bound by these Terms of Service.
1. Privacy
As a condition of using this Service, you also agree to the terms of the Smash Football Privacy Policy. We take your privacy very seriously and do not share private information with third parties. We encourage you to read our Privacy Policy, and to use it to help make informed decisions. When you become a registered user of Smash Football, you will create a password for accessing your account. To protect your account, we advise you to maintain confidentiality of your password at all times. You are responsible for any and all actions that occur through the use of your password or account, regardless of your knowledge of these actions. Please notify us immediately of any unauthorized use of your password or account. Smash Football will not be liable for any changes to your account or loss that you may incur as a result of any third party's use of your password or account.
2. Content and Restrictions on Use.
The "Content" includes but is not limited to website graphics, website layout, all players and teams, logos, avatars, text posted on both forums and in private mail messages, and written content throughout the website. By using the Service, you do not receive any, and Smash Football retains all ownership rights of the Content.
Unless you have received prior written authorization from Smash Football, you must not:
(a) copy, translate, modify, or make derivative works of the Content or any part thereof;
(c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties;
(d) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof;
(e) use the Service or Content in a manner that gives you or any other person access to mass downloads or bulk feeds that put an unnecessary strain on the website servers;
(f) any use of the Service or Content that lies outside the original intended use.
3. Appropriate Conduct; Compliance with Law and Smash Football Policies.
You agree that you are responsible for your own conduct and content while using the Service, and for any consequences thereof. You agree that any information you provide to Smash Football will be true, accurate, current and complete. You agree to use the Service and Content only for purposes that are legal, proper and in accordance with the Terms. By way of example, and not as a limitation, you agree that when using the Service or the Content, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) upload, post, send via private mail message, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(d) upload, post, send via private mail message, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(e) upload, post, send via private mail message, transmit or otherwise make available any other content, message, or communication prohibited by applicable law or the Terms;
(f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
(h) restrict or inhibit any other user from using and enjoying the Service and Content;
(i) interfere with or disrupt Smash Football services or servers;
(j) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or Content, or collect information about users for any unauthorized purpose;
(k) submit content that falsely expresses or implies that such content is sponsored or endorsed by Smash Football;
(l) create user accounts by automated means or under false or fraudulent pretenses;
(m) promote or provide instructional information about illegal activities;
(n) promote physical harm or injury against any group or individual; or
(o) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
4. Forum Harassment and the Protection of User's Rights
You agree to refrain from posting content that infringes on the rights of other users, is discriminatory or hateful. Smash Football reserves the right to remove or edit any questionable content posted on the forums, and to issue a forum ban to any user who violates the rights of another user or posts inappropriate content. The appropriateness of forum content is determined by the discretion of Smash Football Administrators and Forum Moderators. Inappropriate content may include, but is not limited to: racism, sexism, discrimination, pornography, adult imagery, personal attacks, harassment, threats, offensive language, the incitement of unrest, another user's personal information, or links to any of the aforementioned.
You agree to understand and abide by the complete Forum Rules when posting in the forums, uploading an avatar, or sending a mail message.
5. Single Account Policy
You agree to control only one (1) account. Creating, controlling, or accessing multiple accounts will result in the termination of all accounts involved, and if deemed necessary, the ban of the IP address used by the multiple accounts.
6. Cheating
Cheating comprises the integrity of the Service and is considered a serious offense by the Administrative staff. You agree to use the Service only in the manner deemed in these Terms and by the Administrators of the Service. Any attempt to exploit the referral system will result in the termination of your account. Additionally, any cheating, attempt to hack into any Smash Football server, exploitation of the game, or manipulation of the competitive balance between users will result in account termination. You agree that the interpretation of "cheating" relies on the discretion of the Administrative staff and may change in order to ensure the best experience for all users and maintain the competitive integrity of the Service.
7. DISCLAIMER OF WARRANTIES
7.1 SMASH FOOTBALL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS.
7.2 SMASH FOOTBALL DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE SERVICE, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE SERVICE.
7.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE."
7.4 IN PARTICULAR, SMASH FOOTBALL DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
7.5 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 OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
7.7 SMASH FOOTBALL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS 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.
8. LIMITATION OF LIABILITY
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMASH FOOTBALL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
(II) ANY CHANGES WHICH SMASH FOOTBALL MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
(III) YOUR FAILURE TO PROVIDE SMASH FOOTBALL WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
8.2 THE LIMITATIONS ON SMASH FOOTBALL'S LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT SMASH FOOTBALL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. Indemnification
You understand and agree that you are personally responsible for your behavior while using the Service. You agree to indemnify, defend and hold harmless Smash Football from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of these Terms.
10. Links to Third-Party Web Sites
This Site may contain links to other Internet Web Sites or resources, either provided by the Service or posted by users. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Smash Football of the third party, the third-party web site, or the information contained therein. Smash Football is not responsible for the availability of any such web sites. Smash Football is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of third-parties, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
11. Smash Cash Points
You agree that all sales of Smash Cash Points are final and refunds will not be given. Smash Football reserves the right to change the price of Smash Cash Points and offer promotions. You agree that in the event of a price reduction of promotional offering, Smash Football will not provide price protection or refunds.
You agree that any attempt to defraud or manipulate the payment system will result in the immediate termination of your account and possible legal action.
By using the Referral System to earn Smash Cash Points, you agree that all referrals are legitimate individual users other than yourself. Any attempt to cheat or defraud Smash Football through exploitation of the Referral System will result in the immediate termination of your account.
12. Changes to the Terms
Smash Football may make changes to the Terms from time to time. When these changes are made, Smash Football will make a new copy of the Terms available at http://www.smashfootball.com/terms.php
You understand and agree that if you use the Service after the date on which the Terms have changed, Smash Football will treat your use as acceptance of the updated Terms.