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This Agreement and Terms of Use ("Agreement") and the Privacy Policy incorporated herein by this reference must both be carefully read. The Agreement is a legal and binding agreement between you ("you", "your" or "yourself"), as the end user, and Footy4cast ("us", "we", "our", "Footy4cast.co.uk" ). Your use of our websites (the "Footy4cast.co.uk") as a guest or registered member/subscriber of Footy4cast.co.uk indicates your agreement and consent to become a party to this Agreement, to accept and be bound to the terms of use herein and compliance with our policies. If you do not accept and agree to the terms of this Agreement, your sole and exclusive remedy is to discontinue using Footy4cast.co.uk.

Back Up of Game Sheet Data:

This is carried out every 30 minutes, so in a case of anything happening to our data from outside involvement, and our data goes down, we have in place back up terminals and servers in place in case this happens, however, Footy4cast will not be held repossible for loss of game sheets submitted during this period. A notice will be flashed across the screen asking for members to contact us, and will be arranging accepting the forecasts in a different format. Details will be displayed on the screen.

1.Service:

To play a competition by forecasting the scores for weekly games on the following formats;
Weekly competition: where you forecast what the scores will be for the games on display each week, and the member or members who score the most points is the winner of the competition. The winning score each week could and most likely be different every week, and they could and will be higher and lower from week to week.
Each game you submit will cost £1, and you can top up your credit by following the instructions once you are a member, but a demo is available in the week game section. The results of the winners will be displayed each week in the section marked up Last Week Results with the winning score. 

Seasonal Competition : One off payment for membership. Cost will depend on choose of membership, you forecast what the scores will be for the games on display but you play each week from 2nd September 2006 to 1st January 2007, then 4th January 2007 till May 2007. Your totals will be displayed in the section marked up Leader Board and when you log in as a member, you also have the section for Monthly Top scorers, who will receive prize money for the top three players in that month.

The Service consists of a subscription plan whereby, for a fee subject to certain limitations described herein on the site in each section. In order to use the Service you must obtain access to the internet and pay any service fees associated with such access choice made. 

2. Member Registration.

To gain access the Service you will be required to purchase membership. You agree that all information you provide is accurate, complete and current. By enrolling in the Service you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. Because the Service is designed for personal use, you are not allowed to use any automated system for the selection or downloading of files. Footy4cast reserves the right to immediately and permanently terminate your access to the Service if we believe you are violating such limitation. On subscribing to Footy4cast.co.uk you will be asked to complete our application form and submit details to us a user Personal name, and Team name and email address on joining, we will return by email a membership number and password, which you can change.  You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed, but many security process's have been put into place to keep this information as private as possible.

3.Fees

You agree to the fee designated for the Service level you select. Depending upon the version of the Service you select, you agree to pay the amounts for the minimum period as specified at http://www.footy4cast.co.uk on the application form at the time of purchase.

All fees and charges are non refundable once you have submit a game sheet.
In relationship to your top up credits in the weekly game, if you wish to cancel any credits to that point will be refunded back to you and the membership will be closed.

You are responsible for checking that if you make payment by cheque that it has cleared as indicated in the rules section and Seasonal Intro box, as any winners in our competition who have not paid for there membership with cleared funds will not be entitled to any winnings. 

Payment will be made using PayPal's secure internet payment system. You agree to pay all amounts due upon demand by Footy4cast.  Your card issuer agreement governs your use of your designated card in connection with the Service and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service. You and not Footy4cast are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you. If you want to designate a different credit card or other payment method or there is a change in credit card validity or expiration date, you must contact PayPal. Footy4cast reserves the right at any time to change its fees and billing methods, effective thirty ( 30 ) days after an online posting on Footy4cast Legal Notice  web page. Footy4cast may additionally provide notice of billing changes via email. If any such change is unacceptable to you, you may terminate your subscription to the Service as provided below. Your continued use of the Service following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.

4. Prizes.

The layouts for the prize money for each of the two competitions are as follows;
Weekly competiton prize money will change with the number of players that join and will be shown on the homepage, that value will be paid (is £1000 take out) to the member who scores the most points that week. In an event of a tie this will be divided between them.

Seasonal competition prize money will be shown on each homepage, again the more that play the higher the prize money. This is laid out in the rules section, with monthly prizes paid out with the top ten winners in the seasonal game in each division paid out twice in a season. Again in the case of any tie, they will be divided and paid out equally.     

5.Termination.

You agree that Footy4cast, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason including, without limitation, if Footy4cast believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Footy4cast may also in its sole discretion and at any time discontinue providing the Service you have subscribed, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Footy4cast may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that Footy4cast shall not be liable to you or any third party for any termination of your access to the Service. In addition, you may terminate this Agreement and your subscription to the Service at any time. Termination of this Agreement for the weekly competition will entitle you to any used credits, the Seasonal competition once you have submitted a game sheet then that Service level is non refundable.

6. Electronic Newsletters.

Footy4cast provides a periodic electronic newsletter to users who voluntarily subscribe to this. An email will be sent out and you will be asked if you wish to be included in future newsletters or not. We apologize in advance if you receive more than one of these, as we will have a automated system that would take you off if you so wish. Users may remove themselves from this mailing list simply by replying to the email and typing "unsubscribe" in the subject heading of the email, or by sending a message from the web site by using email enquiry on the Homepage requesting they be unsubscribed from the electronic mailing list.

7.Use & Sharing of Information for Advertisers.

Footy4cast uses any information given by our users to enhance their experience in Footy4cast Web sites, whether to provide personalized elements on the sites or to better prepare future content based on the interests of our users. Our mailing lists are not shared or forwarded to any third parties, including advertisers or partners, but Footy4cast may create aggregate reports on user demographics and traffic patterns for advertisers and partners. This allows our advertisers to advertise more effectively, and allows our users to view advertisements that are pertinent to their needs and help our advertisers better understand our audience's demographics. This is essential to keeping the cost of our service low.
If you have questions about how our advertisers use information about you when you view their web sites, please contact them directly.

8. License & Copyright to Footy4cast.

The foregoing grants shall include the right to sending messages, inputting data or engaging in any other form of communication through Footy4cast Web sites, NO authority will be given to use or copy any of our formats used in our web site or  exploit any proprietary rights in such communication including, but not limited to, rights under copyright, intellectual property, trademark, service mark or patent laws under any relevant jurisdiction.

Footy4cast prohibits the use of copyrighted editorial content, graphics, and photographs (the "Material") located or found on Footy4cast.co.uk or any other web site owned, operated, licensed or controlled by Footy4cast without Footy4cast's prior written consent. All editorial content including, but not limited to, graphics, Marketing Agency, text, the selection and arrangement thereof, and any software is protected by copyright. © 2003-2006 Footy4cast Limited. For personal, informational and non-commercial use only. All rights reserved,  including the right to deny a request to copy content found on Footy4cast Web sites. Use of any of Footy4cast's editorial content online for any purpose whatsoever without written permission from Footy4cast is strictly prohibited. The Materials from Footy4cast Web sites are available for personal, informational and non-commercial use only. The editorial content shall not be modified in any way and all copyright and other notices on any Material shall be retained. Permission to use Footy4cast's content will be granted on a case-by-case basis only. Please direct any such inquiries to us through the enquiry button on our web site.
Copying or adapting the HTML code that Footy4cast creates to generate its pages is strictly prohibited. Such HTML code is covered by Footy4cast's copyright. The Material may not be copied, reproduced, transmitted, distributed, disseminated, sold, broadcast, web cast, republished, downloaded, displayed or posted or in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Footy4cast. You agree and indemnify to hold harmless Footy4cast for your failure to comply with this section.

9. Copyright Infringement.

Footy4cast respects the intellectual property of others and we ask our users do the same. Footy4cast may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others, particularly those who commit repeated acts of infringement. You agree and indemnify to hold harmless Footy4cast for your failure to comply with this section. Unless the requested information is provided and the requested actions are taken, Footy4cast cannot act upon allegations of copyright infringement. Please do not send any other notices or communications to the above person who is appointed solely for the purposes of receiving notices of claims of copyright infringement.
We would also like to be notified of any infringement that we may make, so that we can correct this or apply for your written permission for use of said infringement.

10. Trademarks.

Footy4cast logo are registered trademarks of Footy4cast Limited. The "look and feel" of the Footy4cast Web sites is also a Footy4cast trademark. All other trademarks, service marks, product names and company names or logos used on Footy4cast Web sites remain the property of their respective owners.

11.Jurisdiction.

The Footy4cast Web sites are controlled and operated by Footy4cast Limited from its office in London. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with locals laws, if and to the extent local laws are applicable. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this section. You shall not use the Service in any manner contrary to applicable local, state, regional, federal or national law. Footy4cast expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state, regional, federal or national law. Our performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth within, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

12. DISCLAIMER.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. FOOTY4CAST IS PROVIDING THIS SITE AND ITS CONTENT ON AN "AS IS" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS SITE OR ITS CONTENT. FOOTY4CAST DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. IN ADDITION, FOOTY4CAST REPRESENTS THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE AS POSSIBLE, COMPLETE OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, FOOTY4CAST DOES NOT WARRANT OR REPRESENT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE FOOTY4CAST WEBSITES OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK INCLUDING, BUT NOT LIMITED TO, THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FOOTY4CAST WILL PROVIDED LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIAL ON FOOTY4CAST WEBSITES. NEITHER FOOTY4CAST NOR THEIR AFFILIATES OR PARTNERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.

13.Limitation of Liability.

Footy4cast will make reasonable efforts to keep the Footy4cast Web sites operational. However, certain technical difficulties may from time to time result in temporary service interruptions. Footy4cast also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of Service with or without notice due to copyright restrictions.   Under no circumstances including, but not limited to, negligence shall Footy4cast or its affiliates be liable for any direct, indirect, incidental, special or consequential damage or loss of revenue, profits or data that results from the use due to any modification, suspension, discontinuance or interruption of Service, even if Footy4cast has been advised of the possibility of such damage. Further, our aggregate liability arising with respect to this Agreement and the Service will not exceed the total fees paid by you under this Agreement. You specifically acknowledge and agree that Footy4cast is not liable for any defamatory, offensive or illegal conduct or any user. Footy4cast cannot be held responsible for quality of service from your Internet Service Provider (ISP). If you are dissatisfied with any Footy4cast material, your sole and exclusive remedy is to discontinue using Footy4cast.co.uk.

14. Modification.

Footy4cast may modify the terms and conditions of this Agreement by posting notice of such modification at any time and at our sole discretion on a page of the Footy4cast Web sites entitled Legal Notice. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of Footy4cast Web sites following our posting of a change notice or new agreement on the Footy4cast Web sites will constitute your binding acceptance of the change.

15.Agreement.

This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications, proposals or agreements whether electronic, oral or written, between you and us with respect to the Service, all of which communications, proposals or agreements are expressly cancelled. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In any action to enforce this Agreement, the prevailing party will be entitled to costs and solicitor fees.
 

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