Last updated: February 22, 2015
The www.juegofut.com™ website is composed and operated by JuegoFut, Inc., a Delaware entity and/or its affiliates. Collectively these will be noted as JuegoFut™ ("JuegoFut").
THESE TERMS & CONDITIONS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE AND APPLICATION CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Contractor" means JuegoFut™ representatives.
"Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
"Mobile Application" means our downloadable application.
"Services" means use of our website and our Services.
"Users" means individuals who are authorized to use the Services.
"We," "Us" or "Our" means JuegoFut.com.
"Your Data" means all electronic data or information including photos, league information, team information, player information, field information, game information, etc. submitted by you.
We shall: (i) provide to you basic support for our website at no additional charge, (ii) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, of which we shall give at least 8 hours notice via the website, or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, acts of nature such as: flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or Internet service provider failures or delays, and (iii) provide these goods only in accordance with applicable laws and government regulations.
You shall (i) be responsible for Users' compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of your data and identity, and of the means by which you acquired your data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the applicable laws and government regulations. You shall not (a) make the information available to anyone other than you, (b) sell, resell, rent or lease the products/services.
You understand that the technical processing and transmission of the JUEGOFUT Services, including your content and data, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
No Unlawful or Prohibited Use
Part of your agreement with JUEGOFUT is that you will NOT use the JUEGOFUT website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of JUEGOFUT. Users agree that all information given is true and agrees not to falsify any information provided to JUEGOFUT. You may NOT use the JUEGOFUT website in a manner which could/may damage, disable, overburden, or impair any aspect of the JUEGOFUT website, the network or networks connected to the JUEGOFUT website, or interfere with any other party's ability to use or enjoyment of the JUEGOFUT website. Any unauthorized attempts to gain access to the JUEGOFUT website, or other individual accounts, any computer systems or networks connected to any JUEGOFUT website, through any means, including; hacking, password mining, data scraping, or any other means, is strictly prohibited. Further, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the JUEGOFUT website.
Age and Residence Requirements
You must be 18 years of age or older to register for an account for use of the Website. Your account may be terminated without warning if we believe that you are under the age of 18. In consideration of your use of the JUEGOFUT Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the JUEGOFUT Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the JUEGOFUT Service's registration form (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 JUEGOFUT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, JUEGOFUT has the right to suspend or terminate your account and refuse any and all current or future use of the JUEGOFUT Services (or any portion thereof). JUEGOFUT is concerned about the safety and privacy of all its users.
JuegoFut Website Content and End User Agreement
Any other acquisition by you of third-party products or services, including but not limited to Third-Party Applications, API and any related implementation, customization and other services, and any exchange of data between you and any third-party provider, is solely between you and the applicable third-party provider. We do not warrant or support third-party products or services, whether or not they are designated by us as "certified." No purchase of third-party products or services is required to use our Services.
Limitation of Liability
Reservation of Rights. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services or (c) data mining purposes.
Ownership of Your Data. As between us and you, JUEGOFUT exclusively owns all rights, title and interest in and to all of Your Data and we have the rights to use said data for internal marketing, advertising and publication purposes.
Suggestions. You agree to grant to JUEGOFUT a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information. You hereby waive all rights, legal, moral or otherwise, in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against JUEGOFUT for any alleged or actual infringement or misappropriation of any proprietary right in your communication.
JUEGOFUT does claim ownership of Content you submit or make available for inclusion on the JUEGOFUT Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the JUEGOFUT Services, you grant JUEGOFUT the following worldwide, royalty-free and non-exclusive license(s), as applicable:
Operation. JUEGOFUT reserves complete and sole discretion with respect to the operation of the website. JUEGOFUT may, among other things: (a) make available to third parties information relating to JUEGOFUT and Users; and (b) withdraw, suspend or discontinue any functionality or feature of JUEGOFUT. JUEGOFUT assumes no responsibility or liability for any content or activity, lawful or otherwise, occurring at any time on JUEGOFUT's website or by any user.
Content. Statements made in websites, blogs, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Users or Representatives appearing on JUEGOFUT are not authorized JUEGOFUT spokespersons, and their views do not necessarily reflect those of JUEGOFUT.
You acknowledge that in using the JUEGOFUT Services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos, and files and other Internet activities), you will be causing communications to be sent through JUEGOFUT's computer networks, in the United States and portions of which are located abroad. As a result, and also as a result of JUEGOFUT's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Testimonials. JUEGOFUT has the right to use your statements and feedback as posted testimonials on our website but we will limit use of the name to first name only.
Copyright. The entire contents of JUEGOFUT website are copyrighted as a collective work under the laws of the United States and other copyright laws. JUEGOFUT holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws.
You may display (conditional upon any expressly stated restrictions or limitations relating to specific material) and download portions of the material from the different areas of JUEGOFUT solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from JUEGOFUT.
Other Sites. You are encouraged to use discretion while browsing the Internet on searches initiated at JUEGOFUT. JUEGOFUT links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. JUEGOFUT and information providers make no representations concerning any effort to review all of the content of sites linked from its website. JUEGOFUT provides links only as informational in nature and does not specifically endorse any of our services.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, JUEGOFUT AND ITS SUPPLIERS EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE EXTENT APPLICABLE BY LAW. IN NO EVENT IS JUEGOFUT OR ITS SUPPLIERS LIABLE FOR ANY BUSINESS INTERRUPTION, LOST PROFIT, REVENUE, DATA OR DATA RECONSTRUCTION, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OPERATION OF LAW OR OTHERWISE, EVEN IF JUEGOFUT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF JUEGOFUT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OPERATION OF LAW OR OTHERWISE SHALL NOT EXCEED $500.00.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us directly for notice of claims of copyright or other intellectual property infringement ("Agent"), at our "Contact Us" page.
Please provide our Agent with the following Notice:
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
As used herein, "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data, including your player's consent to use player's names; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Without limiting the above, we shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law or as expressly permitted in writing by you, or (c) access Your Data except to provide the Services or prevent or address service or technical problems, or at your request in connection with customer support matters.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
Any disputes or requests to remove confidential information, such as a player's specific name, will be honored and the name blocked out. Public game information such as any game penalties and any disciplinary actions may not be removed.
A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to criminal, insolvency, receivership, liquidation or assignment for the benefit of creditors.
Software Malfunction or Website Interruption/p>
JUEGOFUT will make its best efforts to maintain its products and services as operational at all times. We are not liable for any known or unknown interruptions in the website or its services. You agree to defend, indemnify and hold harmless JUEGOFUT, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of any software malfunctions or website service interruption, including without limitation claims made by third parties related to your use of the site.
By visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of Delaware, United States, as applicable. You may not use this website if law prohibits you from doing so in the country in which you reside. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
Mandatory Binding Arbitration
If a disputed issue is not resolved within ten (10) days, then the resolution of the dispute shall be referred to an Arbitrator chosen by the parties for mandatory binding arbitration. If the parties are unable to resolve any dispute with the assistance of the Arbitrator within fifteen (15) days of the appointment thereof, the dispute shall be settled by binding arbitration. The award of the arbitration shall be final and binding upon the parties, and enforceable in any court of competent jurisdiction. The venue for any arbitration hereunder shall be Delaware, United States. Nothing in this section shall defer or interfere with the entitlement of either party to obtain injunctive relief.
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnification claim). Notices to you shall be addressed to the system administrator designated by you for your relevant Services account, and in the case of billing-related notices, to the relevant billing contact designated by you.
Notices should be addressed via our Contact Us page.
The cancellation policy of each service provider is dependent upon each service provider's cancellation policies. You may view each service provider's cancelation policy on their link prior to checkout or on the profile of each service (or service provider).
This Site is a Venue
We are not involved in the actual transaction between users even though we may provide products and services. As a result, the quality, reliability, safety or legality of these is the responsibility of the user.
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA and other countries. Such violations may subject the offender and his or her agents to civil and criminal penalties.
Neither party is liable for an omission or delay in the execution of its obligations hereunder caused by an event beyond its reasonable control. The time for the performance of the obligation that is so delayed shall be extended by a reasonable time, provided that payments shall not be delayed.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. The provisions of this Agreement pertaining to Confidential Information, privacy, and use restrictions shall survive the termination of this Agreement. Other sections pertaining to rights and obligations which by their nature should survive termination are hereby confirmed to so survive.
You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this Agreement. Any disputes that may arise from these Terms and Conditions of Use shall be governed by the Laws of the United States and subject to the Jurisdiction of the Delaware Courts via mandatory binding arbitration.
This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. No oral or written representation that is not expressly contained in this Agreement is binding on either party.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party's election, termination of this Agreement upon written notice to the assigning party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
This Agreement, including all exhibits and addenda hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, the terms of such exhibit, addendum shall prevail.
Termination/ Access Restriction
If you have questions or concerns regarding these terms, you should email JUEGOFUT at our "Contact Us" page.