TERMS OF SERVICES
- OWNERSHIP AND USE RESTRICTIONS
The Site is owned and operated by Swan City FC. Swan City FC reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf.
The content and materials contained on or distributed within the Site and Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services, Swan City FC, any affiliate of Swan City FC, any of the SCFC members or any of SCFC sponsors, licensees and other affiliates) (the “Content”) are either owned by, or licensed to, Swan City FC. We maintain the Site and Services for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Site and/or Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms of Service, without the express written permission of Swan City FC, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Site or Services in any manner is a violation of the applicable owner’s copyright and other proprietary rights.
The word marks, logos, trade names, packaging and designs of Swan City FC, the current and former SCFC members and the Site and the Services are the exclusive property of Swan City FC or our affiliates. All other word marks and logos (each, a “Trademark” and, collectively the “Trademarks”) appearing on the Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, Swan City FC. Any use of these images by you, or anyone else authorised by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with Swan City FC.
- ACCESS TO SITE
To access the Site, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in Swan City FC’s sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event Swan City FC changes the minimum technical requirements is to terminate your use of the Site and/or the Services.
- YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
In order to use certain functionality of the Site and/or Services, you may be asked to select a screen name (a “Screen Name”) for identification purposes. You must not use any Screen Name that violates this Agreement or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in this Agreement, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section 3.
Swan City FC is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Site and/or Services should assist them in setting up any relevant accounts and supervise their access to the Site and/or Services. By allowing your child access to the Site and/or Services, he or she will be able to access all of the Site and/or Services, which may now or in the future include public and private communication tools as well as other features that may not be appropriate for use by children unsupervised. Please remember that the Site and/or Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Site and/or Services and/or information, data, text, software, music, sound, photographs, graphics, video, messages, feeds offered through the Site and/or Services and any other material on the Site and/or Services (“Content”) are appropriate for your child.
- UPLOADING MATERIAL TO OUR SITE
Whenever you upload material to the Site and/or Services, or use the Site and/or Services to make contact with other users of the Site and/or Services (such related material hereinafter referred to as “User Submissions”) you shall be solely responsible for your own User Submissions and the consequences of uploading them.
You warrant, represent and undertake that: (i) you own or have the necessary licences, rights, consents and permissions to use and authorise Swan City FC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and/or Services and these TOS; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and/or Services and these TOS.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Swan City FC, you hereby grant Swan City FC a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and/or Services or Swan City FC’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site and/or Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site and/or Services a non-exclusive licence to access your User Submissions through the Site and/or Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and/or Services and under these TOS as if it were Content.
You further agree that you will not: (i) submit material that is subject to copyright laws, protected by trade secret or otherwise subject to third party intellectual property or any other proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Swan City FC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Swan City FC or any third party in any way; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, do not comply with any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Swan City FC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Swan City FC expressly disclaims any and all liability in connection with User Submissions.
Without affecting the scope of Section 10 of the TOS, Swan City FC has the right to remove any User Submission uploaded by you and/or terminate your access to the Site and/or Services without notice if, in its opinion, such User Submission infringes another’s intellectual property rights or otherwise does not comply with any provision of these TOS.
Swan City FC also has the right to disclose your identity to any third party who claims that any of your User Submissions infringes their intellectual property rights, or their right to privacy, or to regulatory or law enforcement or other state authorities.
You understand that when using the Site and/or Services, you may be exposed to User Submissions from a variety of sources, and that Swan City FC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Swan City FC with respect thereto.
You agree to indemnify and hold Swan City FC and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with: (i) your use of and access to the Site and/or Services, including without limitation any Content, or User Submission uploaded by you, as well as your connection to the Site and/or Services; (ii) your failure to comply with any provision of the TOS; or (iii) any claim by a third party that any of your User Submissions or any other use of the Site and/or Services by you infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
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- MODIFICATIONS TO SERVICE
Swan City FC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof) with or without notice. You agree that Swan City FC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Services. Although Swan City FC will take reasonable care in ensuring the Content is up to date, any of the Content may be out of date at any given time, and Swan City FC is under no obligation to update such Content.
You agree that Swan City FC may in its sole discretion, terminate your password, account (or any part thereof) or use of the Site and/or Services, and remove and discard any Content within the Site and/or Services, for any reason, including, without limitation, for lack of use or if Swan City FC believes that you have violated or otherwise not complied with any provision of, the TOS. Swan City FC may also in its sole discretion and at any time discontinue providing the Site and/or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Site and/or Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Swan City FC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site and/or Services. Further, you agree that Swan City FC shall not be liable to you or any third-party in any way for any termination of your access to the Site and/or Services.
- LINKS AND SWAN CITY FC FEEDS
The Site and/or Services may provide, or third parties may provide, links or Swan City FC feeds to other Site and/or Services or resources. Because Swan City FC has no control over such sites and resources, you acknowledge and agree that Swan City FC 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 Swan City FC 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, services or any other material available on or through any such site or resource.
In the event that you wish to establish a link to the Site and/or Services, you expressly agree: (a) not to include the Site and/or Services into the frame of another Site and/or Services; (b) not to create any third party association with the Site and/or Services; (c) to ensure that the link does not state or imply that Swan City FC approves of, sponsors or endorses any other Site and/or Services activity, company or entity, or presents Swan City FC and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages Swan City FC’s reputation or takes advantage of it; and (d) to use the Swan City FC.ca logo if possible, which can be requested at email@example.com. The link to the Site and/or Services does not permit you to use any Swan City FC and/or third party content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder. Swan City FC reserves the right to require you to remove any link to the Site and/or Services without notice. If you wish to use or display any Swan City FC feeds on your Site and/or Services:
(a) Swan City FC grants you a non-transferable, royalty free non-exclusive license to display Swan City FC feeds on your Site and/or Services subject to these TOS;
(b) you expressly agree: (i) to ensure that the Swan City FC feed does not state or imply that Swan City FC approves of, sponsors or endorses any other Site and/or Services activity, company or entity, or presents Swan City FC and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages Swan City FC‘s reputation or takes advantage of it; and (ii) to use the SwanCityFC.ca logo if possible, which can be requested at firstname.lastname@example.org; and
(c) where possible you must create a functional link back to the Swan City FC story or other material summarised by the relevant Swan City FC feed.
- VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site and/or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site and/or Services, the server on which the Site and/or Services are stored or any server, computer or database connected to the Site and/or Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence in a number of different jurisdictions. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and/or Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site and/or Services or to your downloading of any material posted on it, or on any Site and/or Services linked to it.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A. YOUR USE OF THE SITE AND/OR SERVICES, AND ANY FEEDS FROM IT, IS AT YOUR SOLE RISK. THE SITE AND/OR SERVICES, AND ANY FEEDS FROM IT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWAN CITY FC EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B. SWAN CITY FC MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SITE AND/OR SERVICES, OR ANY FEEDS FROM IT, WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND/OR SERVICES, OR ANY FEEDS FROM IT, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES, OR ANY FEEDS FROM IT, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND/OR SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SERVICES, OR ANY FEEDS FROM IT, 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.
D. COMMENTARY AND OTHER MATERIALS POSTED ON THE SITE AND/OR SERVICES, OR CONTAINED IN ANY FEEDS FROM IT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWAN CITY FC OR THROUGH OR FROM THE SITE AND/OR SERVICES SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS AND SWAN CITY FC DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE SITE AND/OR SERVICES OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SWAN CITY FC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWAN CITY FC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE AND/OR SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICES; (v) RESULTS OF THE SITE AND/OR SERVICES, ANY SITE AND/OR SERVICES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR (vi) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES.
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 SITE AND/OR SERVICES OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.
- 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.
NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF SWAN CITY FC OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notices to you may be made via either email or by post at the relevant email or postal address provided by you to Swan City FC from time to time. The Site and/or Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Site and/or Services.
You may give notice to us (such notice shall be deemed given when received) by any of the following means:
- Electronic mail to email@example.com;
- APPLICABLE LAW
You agree that these TOS and any dispute arising out of your use of this Site and/or Services shall be governed by and construed in accordance with local laws in force where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this Site and/or Services, you consent and submit to the exclusive jurisdiction and venue of the location of the headquarters of the owner of this web site.