1. Terms and Conditions
My Football Sim ("The Game") is an online multiplayer football strategy game where users assume the role of Head Coach and compete against each other in virtual football leagues. As part of the service, 4studios maintains a site on the World Wide Web with a URL address of "www.tokenleaguefootball.com" (the "Web Site"). Throughout the remainder of this Agreement, the service (including the Web Site and forums) will be referred to as the "Game". 4studios grants to you a limited, non-exclusive license to use the Game, subject to all of the terms and conditions of this Agreement.
2. Agreements
These terms and conditions comprise the entire agreement between 4studios and you, regarding the Game. 4studios may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement on the Web Site. You agree to review the Agreement on the Web Site periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your Account as provided in Section 9. Your continued use of the Game thirty (30) days after posting of a revised Agreement on the Web Site means that you accept all such revisions.
3. Account Information
(a) Account, User ID.
When you create an account ("Account") and register for the Game, you will become a Registered User of the Game. The term "Registered User" in this Agreement refers to any person or entity, including you, who has registered for the Game, who has entered into this Agreement with 4studios and is authorised by 4studios to use the Game.
(b) Passwords.
Upon your registering for the Game, a password will be selected for you or you will select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of any password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. 4studios employees will never ask for your password.
(c) Former Registered Users.
Registered Users whose Accounts have been terminated by 4studios may not access the Game in any manner or for any reason, including through any other Account, without the express written permission of 4studios. Active Registered Users may not knowingly allow former Registered Users whose Accounts have been terminated to use the active Registered Users' Accounts.
(d) Related Accounts.
If an Account is terminated by 4studios, 4studios shall have the right to terminate any other Account that shares the Registered User name, email address, Internet Protocol address or credit card number with the terminated Account.
4. Subscription Fees for the Game
(a) General Fees.
Current fees for using the Game are published on the Web Site. 4studios may change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the account management on the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Registered Usership as provided in Section 9. Your continued use of the Game thirty (30) days after posting of the changes on the Web Site will mean you accept such change. Your membership fees are paid in advance and are non-refundable.
(b) Payment Periods.
If the Game is operating on a subscription-based business model, your subscription will automatically renew for the same period you have selected from the payment periods published on the Web Site if not terminated as provided at section 9.
(c) Payment by Credit Card.
If you pay for the Game by credit card, you must indicate to 4studios that you are the authorised user of the credit card used to pay service charges. Each time you use the Game, you agree and reaffirm that 4studios is authorisd to charge your credit card. You agree to promptly notify 4studios of any changes to your credit card account number, its expiration date, and you agree to promptly notify 4studios if your credit card expires or is cancelled for any reason.
5. Rights and Responsibilities
(a) Content.
You acknowledge that: (i) the Game contains graphics, sound effects, animations and text, and (ii) Content may be provided as contributions from other Registered Users ("Content"). You, and any user of your Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. 4studios does not pre-screen Content as a matter of policy, but 4studios has the right, but not the responsibility, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
(b) Rights.
You acknowledge and agree that all characters created, and items acquired and developed as a result of game play are part of the Game and are the sole property of 4studios. You acknowledge that: (i) the Game permits access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by 4studios ("Rights"), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United Kingdom and other applicable laws. You agree that you may upload or otherwise transmit through the Game only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Game. Unless otherwise specified in your transmission, by submitting Content to any area on the Game, you automatically grant (or you warrant that the owner of such Content has expressly granted) to 4studios the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content world-wide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term including any renewal term of any Rights that may exist in such Content.
(c) Service.
The Game has been designed by 4studios for online play. 4studios does not grant you a license to use the Game for any financial purpose. Other license agreements concerning the passing on of the Client may be concluded apart from this agreement / terms and conditions. In this case please contact us at support@4studios.com. You agree to play the Game only via the website and not through any other means. You further agree not to create or provide any other means through which others may play the Game, for example, through server emulators. You may not reverse engineer, de-compile or disassemble the Game, including any proprietary communications protocol used by the Game. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any graphics, audio-visual display, software programs, utilities, applications, emulators or tools derived from or created for the Game unless specifically authorized in writing by 4studios.
(d) In-Game Behaviour and Communication.
You, and anyone you authorise to use your Account on the Game, agree to follow the In-Game Behaviour Rules published on the Web Site. The In-Game Behaviour Rules may change at 4studios discretion, at any time. 4studios reserves the right to terminate your Account if it determines in its sole discretion that you have engaged in any impermissible conduct whether or not such conduct violates the In-Game Behaviour Rules. You acknowledge, however, that 4studios does not pre-screen Content or communication over the Game.
(e) Privacy.
You understand that you have no expectation of privacy regarding the communications you make on the Game, and that 4studios representatives may monitor all communications made by or received from you. You hereby consent to the extraction of any data related to operation of the Game from any computer that logs on to the Game using your Account.
(f) Parental Guidance.
While 4studios may choose to monitor and take action upon inappropriate gameplay, chat or links to the Game, it is possible that at any time there may be language or other material accessible on or through the Game that may be inappropriate for children or offensive to some users of any age. While 4studios has established In-Game Behaviour Rules for players accessing the Game, 4studios cannot ensure that other players will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. 4studios does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
6. Disclaimer of Warranty
To the maximum extent allowed by law, 4studios and its subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Game. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom.
YOU EXPRESSLY AGREE THAT USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. 4studios DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE GAME. 4studios ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY 4studios, AND ITS SUBCONTRACTORS, OR BY YOU OR ANY OTHER REGISTERED USER'S OWN ERRORS AND/OR OMISSIONS.
4studios makes no warranty with respect to any related software or hardware used or provided by 4studios in connection with the Game.
7. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT 4studios SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY 4studios OR ITS SUBCONTRACTORS, OTHER REGISTERED USERS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE GAME. 4studios SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE CLIENT OR THE GAME. 4studios', ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF ANY IMPLIED OR EXPRESS WARRANTY, OR FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT OF THE FEES PAID BY YOU FOR THE GAME. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH COUNTRIES 4studios's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
8. Indemnification
At 4studios's request, you agree to defend, indemnify and hold harmless 4studios, its subcontractors and other Registered Users of the Game, from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. 4studios reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
9. Termination
Either you or 4studios may terminate your Account at any time without further obligation to the other. Further, 4studios reserves the right to terminate the Game at any time without further obligation to you. IF THE GAME OR YOUR ACCOUNT IS TERMINATED OR CANCELLED AT ANY TIME FOR ANY REASON, YOU AGREE TO THE FOLLOWING: (1) YOU WILL NOT BE ENTITLED TO ANY REFUND OR PRORATION OF ANY FEES OR UNUSED ACCESS TIME; (2) YOU WILL LOSE ANY STATISTICS GAINED; (3) YOU MAY NOT ACCESS THE GAME IN ANY MANNER OR FOR ANY REASON, INCLUDING VIA ANY OTHER ACCOUNT. IN THE EVENT THAT AN ACCOUNT IS TERMINATED, 4studios MAY TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE REGISTERED USER'S NAME, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE TERMINATED ACCOUNT.
10. Registered User Lists
4studios reserves the right to inform its Registered Users from time to time about new products and/or services by email.
11. General Provisions
You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. 4studios's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by 4studios of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of 4studios shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of 4studios. All notices given by you or required under this Agreement shall be in writing and emailed to support@4studios.com. In order to set up your Account, you will be required to accept all of the above terms and conditions. If you do not accept this Agreement, follow the return instructions given to you online, or - if there are no return instructions available online, simply close your web browser.
Copyright 2005-2010 4studios. All rights reserved.