Terms of Use

FREEMYTEAM’S TERMS OF USE

Effective Date: August 31, 2007

Introduction

Welcome to Freemyteam, the exciting sports-oriented online social network where members build and extend strong relationships, via their real-world sports activities, with their team-mates, other fans, and their officials and administrators online (the “Freemyteam Service”). Freemyteam is operated by jointly by 3eep Pty Ltd., an Australian company, and Mr. Franchise Inc., an Ontario company (the “Providers”). The services offered by the Providers include the Freemyteam.com website located at URL www.Freemyteam.com (the “Freemyteam Website”), the Freemyteam.com Internet messaging service (the “Messaging Service”), and any other features, content, functionality or applications offered from time to time by Freemyteam.com in connection with the Freemyteam Website (collectively, the “Freemyteam Services”).

This Terms of Use Agreement (the “Agreement”) sets forth the legally binding terms for your use of the Freemyteam Services. By using the Freemyteam Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Freemyteam Website) or a “Member” (which means that you have registered as a member on the Freemyteam Website). The term “User” refers to both a Visitor and a Member. You are only authorized to use the Freemyteam Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations, and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Freemyteam Website and discontinue use of the Freemyteam Services immediately. If you wish to become a registered user, communicate with other Users and make use of the Freemyteam Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes Freemyteam.com’s policy for acceptable use of the Freemyteam Services and content posted on the Freemyteam Website, your rights, obligations and restrictions regarding your use of the Freemyteam Services and Freemyteam.com’s Privacy Policy.

Unless otherwise provided by the additional terms and conditions applicable to the Freemyteam Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@Freemyteam.com, Subject: Terms of Use Agreement.

Freemyteam.com may modify this Agreement from time to time and such modification shall be effective upon posting by Freemyteam.com on the Freemyteam Website. You agree to be bound to any changes to this Agreement when you use the Freemyteam Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

As a registered User you have the ability to create a Freemyteam profile to share information about yourself, your team and your club on the Freemyteam Website (a “Profile”). Please choose carefully the information that you post on Freemyteam.com and that you provide to other Users. Your Profile may not include the following items: telephone numbers, street addresses, and any photographs or videos containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Freemyteam.com Users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Freemyteam.com assumes no responsibility or liability for this material. If you become aware of misuse of the Freemyteam Services by any person, please contact Freemyteam.com or click on the “Report” button on any User’s profile page, or click on the “Report” link on the detailed photo or video pages.

Freemyteam.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posted content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Freemyteam Services at any time, for any or no reason, with or without prior notice, and without liability.

Your use of the Freemyteam Services is subject to the following specific terms:

1. Eligibility. Use of and registration for the Freemyteam Services is void where prohibited. By using the Freemyteam Services, you represent and warrant that:

(a) all registration information you submit is truthful and accurate;

(b) all information you post on the Freemyteam Services, including your Profile, is truthful and accurate;

(d) you are 13 years of age or older; and

(e) your use of the Freemyteam Services does not violate any applicable law or regulation.

Your Profile may be deleted and your user registration may be terminated without warning, if we believe that you are under 13 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the Freemyteam Services or are a registered user. You may terminate your registration at any time, for any reason. Freemyteam.com may terminate your user registration at any time, and for any reason, without warning. Even after user registration is terminated, this Agreement will remain in effect, including sections 5-16.

3. Fees. You acknowledge that Freemyteam.com reserves the right to charge fees for the use of the Freemyteam Services and to change its fees from time to time in its sole discretion. If Freemyteam.com terminates your user registration because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees.

4. Password. When you sign up to become a registered user, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the user account or password of another Member at any time or to disclose your password to any third party. You agree to notify Freemyteam.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-Commercial Use by Registered Users. The Freemyteam Services are for the personal use of registered Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Freemyteam.com. Illegal and/or unauthorized use of the Freemyteam Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Freemyteam Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of User registration. Appropriate legal action will be taken for any illegal or unauthorized use of the Freemyteam Services.

6. Proprietary Rights in Content on Freemyteam.com. Except as otherwise expressly authorized by a user, Freemyteam.com does not claim any ownership rights in the text, information, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, the “Content”) that you upload, display or publish (“post”) to the Freemyteam Services. After posting your Content to the Freemyteam Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the Freemyteam Services, you hereby grant to Freemyteam.com and its sponsors and affiliates a non-exclusive, fully-paid, royalty-free, sublicensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content.

Without this license, Freemyteam.com would be unable to provide the Freemyteam Services. The license you grant to Freemyteam.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Freemyteam.com), fully-paid and royalty-free (meaning that Freemyteam.com is not required to pay you for the use of or in connection with the Freemyteam Services of the Content that you post), sublicensable (meaning that Freemyteam.com is able to share the Content with its sponsors, affiliates and subcontractors), and worldwide (because the Internet and the Freemyteam Services are global in reach).

You represent and warrant that:

(a) you own the Content posted by you on or through the Freemyteam Services, or otherwise have the unrestricted right to grant the license set forth in this section, and

(b) the posting of your Content on or through the Freemyteam Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Freemyteam Services.

The Freemyteam Services contain content of Freemyteam.com and its sponsors and affiliates (“Freemyteam.com Content”). Freemyteam.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Freemyteam.com owns or has the right to use, and retains all rights in the Freemyteam.com Content and the Freemyteam Services. Freemyteam.com hereby grants you a non-exclusive, revocable, non-sublicensable, limited license to reproduce and display the Freemyteam.com Content (excluding any software code) solely for your personal use in connection with viewing the Freemyteam Website and using the Freemyteam Services.

The Freemyteam Services contain Content of Users, sponsors, affiliates, and other Freemyteam.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Freemyteam Services.

7. Trademarks. “FREEMYTEAM.COM Design” and “FREE MY TEAM” are trademarks of Mr. Franchise Inc. and shall not be used in any way or in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Mr. Franchise Inc.

8. Content Posted. You are solely responsible for:

(a) the Content that you post on or through any of the Freemyteam Services,

(b) any material or information that you transmit to other Users through the Messaging Service or otherwise, and

Freemyteam.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Freemyteam.com prior to posting and does not necessarily reflect the opinions or policies of Freemyteam.com. Freemyteam.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.

Freemyteam.com may delete any Prohibited Content (as defined below). Freemyteam.com assumes no responsibility for monitoring the Freemyteam Services for inappropriate Content or conduct. If at any time Freemyteam.com chooses, in its sole discretion, to monitor the Freemyteam Services, Freemyteam.com nonetheless assumes no responsibility for Prohibited Content, no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the User submitting any such Content.

9. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Freemyteam Services (aProhibited Contenta). Freemyteam.com reserves the right to investigate and take appropriate legal action against anyone who, in Freemyteam.com’s sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the Freemyteam Services and terminating the user registration of such violators.

Prohibited Content includes, but is not limited to Content that, in the sole discretion of Freemyteam.com:

is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the Freemyteam profile or the Freemyteam Services;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent;
uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the Profile;
posts advertisements or solicitations of business, or
impersonates another person.

The following is a partial list of the kind of activity that is illegal or prohibited on the Freemyteam Website and through your use of the Freemyteam Services (“Prohibited Activity”). Freemyteam.com reserves the right to investigate and take appropriate legal action against anyone who, in Freemyteam.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

Prohibited Activity includes, but is not limited to activity that is, in the sole discretion of Freemyteam.com:

criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services through the Freemyteam Services other than someone authorized by Freemyteam. You may not transmit any chain letters or junk email to other Users. It is also a violation of this Agreement to use any information obtained from the Freemyteam Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such unauthorized advertising or solicitation, Freemyteam.com reserves the right to restrict the number of internal messages that a User may send to other Users in any 24-hour period to a number which Freemyteam.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, messages or other unsolicited communications of any kind through the Freemyteam Services, you acknowledge that you will have caused substantial harm to Freemyteam.com, but that the amount of such harm would be extremely difficult to ascertain;
covering or obscuring the banner advertisements on your personal profile page, or any Freemyteam.com page by means of HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Freemyteam Services or the networks or services connected to the Freemyteam Services;
attempting to impersonate another User or person;
using the account, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your Profile;
using any information obtained from the Freemyteam Services in order to harass, abuse, or harm another person;
displaying an advertisement on your Profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Freemyteam Services on behalf of that person, such as placing commercial content on your Profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your Freemyteam afriendsa, or sending private messages with a commercial purpose; or
using the Freemyteam Services in a manner inconsistent with any and all applicable laws and regulations.

10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of Freemyteam.com to terminate the User registration of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to Freemyteam.com by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Freemyteam Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) a description of the copyrighted work that you claim has been infringed;

(d) your address, telephone number, and email address;

(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Freemyteam.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Shawn Saraga CEO

36 Parkland Circle

Richmond Hill, Ontario, Canada L4C 6S8 email: ceo@freemyteam.com

11. User Disputes. You are solely responsible for your interactions with other Freemyteam.com Users. Freemyteam.com reserves the right, but has no obligation, to monitor disputes between you and other Users.

12. Privacy Policy. The use of the Freemyteam Services is also governed by the Freemyteam.com Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers. Freemyteam.com is not responsible for any incorrect or inaccurate Content posted on the Freemyteam Website or in connection with the Freemyteam Services, whether caused by Users of the Freemyteam Services or by any of the hardware, software or functionality associated with or utilized in the Freemyteam Services. Profiles created and posted by Users on the Freemyteam Website may contain links to other websites. Freemyteam.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Freemyteam.com. Inclusion of any linked website on the Freemyteam Services does not imply approval or endorsement of the linked website by Freemyteam.com. When you access these third-party sites, you do so at your own risk. Freemyteam.com takes no responsibility for third party advertisements which are posted on this Freemyteam Website or through the Freemyteam Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. Freemyteam.com is not responsible for the conduct, whether online or offline, of any User of the Freemyteam Services. The Freemyteam Website and the Freemyteam Services may be temporarily unavailable from time to time for maintenance or other reasons. Freemyteam.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Profile, Content or communication. Freemyteam.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the Freemyteam Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Freemyteam Services.

Under no circumstances shall Freemyteam.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Freemyteam Services, attendance or participation in a Freemyteam.com event or promotion, from any Content posted on or through the Freemyteam Services, or from the conduct of any Users of the Freemyteam Services, whether online or offline. The Freemyteam Services are provided “AS-IS” and as available and Freemyteam.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Freemyteam.com cannot guarantee and does not promise any specific results from use of the Freemyteam Services.

The Providers reserve the right to change any and all content, software and other items used or contained in any of the Freemyteam Services offered through the Freemyteam Website or otherwise at any time without notice.

14. Limitation on Liability. IN NO EVENT SHALL 3EEP PTY. LTD. OR MR. FRANCHISE INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PROVIDERS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE PROVIDERS FOR THE FREEMYTEAM SERVICES DURING THE TERM OF YOUR USE OF THE FREEMYTEAM SERVICES.

15. Disputes. If there is any dispute about or involving the Freemyteam Services, by using the Freemyteam Services, you agree that the dispute shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of law provisions and you agree to the exclusive personal jurisdiction and venue in the provincial and federal courts of Canada in Toronto, Ontario.

16. Indemnity. You agree to indemnify and hold Freemyteam.com, its subsidiaries, and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Freemyteam Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Freemyteam Website or through the Freemyteam Services causes Freemyteam.com to be liable to another.

17. Other. This Agreement is accepted upon your use of the Freemyteam Website or any of the Freemyteam Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Freemyteam.com regarding the use of the Freemyteam Services. The failure of Freemyteam.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: Contact Freemyteam with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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Terms of Use

FREEMYTEAM’S TERMS OF USE