Terms of Use for AmericanSoccerNow.com

1. Binding Effect. This is a binding agreement. By using the Internet site located at http://www.americansoccernow.com (the “Site”), you agree to abide by these Terms of Use, as they may be amended by American Soccer Now LLC (“ASN”) from time to time in its sole discretion. ASN will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. Privacy Policy. ASN respects your privacy and permits you to control the treatment of your personal information. A complete statement of ASN’s current privacy policy can be found by clicking the privacy policy link at the bottom of the home page. ASN’s privacy policy is expressly incorporated into this Terms of Use Agreement by reference.

3. User Generated Content. You may post comments to articles on this Site. In doing so, you grant ASN a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“UGC”) to the Site, you are granting ASN, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use UGC in connection with the operation of the Site, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat UGC. You will not be compensated for any UGC. By posting UGC on the Site, you warrant and represent that you own the rights to the UGC or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute UGC.

4. Compliance With Intellectual Property Laws. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

5. Inappropriate content. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. ASN reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. ASN intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

6. Alleged Violations. ASN reserves the right to terminate your use of the Site. To ensure that ASN provides a high quality experience for you and for other users of the Site, you agree that ASN or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. ASN does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ASN reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if ASN believes that you have violated any of the Terms of Use, furnished ASN with false or misleading information, or interfered with use of the Site by others.

7. No Warranties. ASN HEREBY DISCLAIMS ALL WARRANTIES. ASN IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT- ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ASN DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. Limited Liabilities. ASN’s LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ASN BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ASN. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

9. Affiliated Sites. ASN has no control over, and no liability for any third party websites or materials. ASN may work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither ASN nor the Site has control over the content and performance of these partner and affiliate sites, ASN makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and ASN assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that ASN makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

10. Prohibited Uses. ASN imposes certain restrictions on your permissible use of the. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ASN in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

11. Indemnity. You agree to indemnify ASN for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless ASN, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. ASN will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

12. Copyright. All contents of Site are: Copyright © 2012-2013 American Soccer Now LLC, 175 Varick St., New York, NY 10014. All rights reserved.

13. Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York, New York, in all disputes arising out of or related to the use of the Site.

14. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

15. No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by ASN or by any third party.

16. Modifications. ASN may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. ASN shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

17. Acknowledgement. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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