Witness Football

This agreement applies as between you, the User of this Web Site and witnessfootball.com, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

witnessfootball.com”

means http://www.witnessfootball.com;

Service”

means collectively any online facilities, tools, services or information that witnessfootball.com makes available through the Web Site either now or in the future;

System”

means any online communications infrastructure that witnessfootball.com makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by witnessfootball.com and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (www.witnessfootball.com).

Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of witnessfootball.com, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by witnessfootball.com.

Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of witnessfootball.com or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.witnessfootball.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of witnessfootball.com.  To find out more please contact us by email at info@witnessfootball.com.

Privacy

For the purposes of applicable data protection legislation, the witnessfootball.com will process any personal data you have provided to it in accordance Privacy Policy available on the witnessfootball.com website or on request from witnessfootball.com.

You agree that, if you have provided witnessfootball.com with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to witnessfootball.com and (2) that you have brought to the attention of any such third party the Privacy Notice available on the witnessfootball.com’s website or otherwise provided a copy of it to the third party. You agree to indemnify witnessfootball.com in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Disclaimers

witnessfootball.com makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

witnessfootball.com accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Limitation of Liability

To the maximum extent permitted by law, witnessfootball.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts witnessfootball.com’s liability for death or personal injury resulting from any negligence or fraud on the part of witnessfootball.com.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions.  However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@witnessfootball.com.  Such notice will be deemed received 3 days after posting if, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Registration

You can access Witnessfootball.com without registering for a Witnessfootball account. In order to post any Content or access certain features of the website, you are required to create an account. You agree to provide us with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete, and kept up to date. You should note that a failure to provide true, accurate, complete, and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether you authorize it or not.

To access your Account, you will be required to provide your member name and password. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.

Acceptable Use

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

Unacceptable Use

Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this Policy.

Email and Spam

You may not use the Services to distribute email, instant messages, text messages or other communications in an unacceptable or illegal manner. For example, you may not: a) create or send hoax emails or chain emails; b) send unsolicited commercial email or bulk email (“spam” or “spamming”); c) harvest email addresses; d) use open proxies or relays to allow spamming; or e) impersonate someone else (“spoofing”) or falsify message header information.

Security

You may not use the Services or allow the Services to be used to: a) gain unauthorized access to computer systems or engage in security attacks of any kind including:(i) against trust (such as email spoofing, password cracking, IP spooking and DNS poisoning); (ii) against confidentiality and integrity (by using malware such as computer viruses, worms, trojan horses, rootkits, keyloggers, spyware or other malicious programs and code); (iii) against availability (such as denial of service and email bombs); b) corrupt, modify or intercept electronic communications intended for any other person or entity; or c) interfere with or disrupt the operation of or the Services. You may not avoid any limitations we place on your use of the Services.

 

Abuse and Illegal Behaviour

You may not use the Services to: conduct or engage in any illegal business or activity; a) infringe any third-party intellectual property right (for example copyright, patents, trademark, trade secret or know-how); b) collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy; c) create, distribute, process or view any: (i) defamatory; (ii) obscene, indecent or pornographic; (ii) racist, sexist or otherwise discriminatory; (iv) misleading, deceptive or fraudulent; or (v) otherwise objectionable, offensive or illegal material.

 

Child Pornography

You may not use the Services to: possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that include child pornography or promote, sell or otherwise disseminate non-nude child porn, simulated child porn or child porn related material, pornography or other erotic material that contains child porn nudity or other content determined at our sole discretion as child porn-related regardless of merit, including but not limited to thumbnail galleries and banner exchanges;

Copyright or Other Intellectual Property Right

You may not use the Services to: conduct or engage in any illegal business or activity; infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials); broadcast or stream live sporting events; operate file dumps / mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed at aa419.org and escrow-fraud.com;

Viruses, Hacking and Other Offences

You must not misuse our Services by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to our Services, the servers on which they are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service, distributed denial-of service or other type of attack.

Any breach of this provision constitutes a criminal offence under the Computer Fraud and Abuse Act (CFAA). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services, your downloading of any Materials on our Services or on any materials on any other website linked to it.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to: a) systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b) make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. c) use the Site to advertise or offer to sell goods and services. d) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. e) engage in unauthorized framing of or linking to the Site. f) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; g) make improper use of our support services or submit false reports of abuse or misconduct. h) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. i) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. j) attempt to impersonate another user or person or use the username of another user. k) sell or otherwise transfer your profile. l) use any information obtained from the Site in order to harass, abuse, or harm another person. m) use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise. n) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. o) attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. p) harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of the Site to you. q) delete the copyright or other proprietary rights notice from any Content. r) copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. s) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. t) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). l) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. m)disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. n) use the Site in a manner inconsistent with any applicable laws or regulations.

Termination of Accounts

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Policy, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable.

We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, your license to use the Services shall terminate. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.

User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. b) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions. c) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions. d) your Contributions are not false, inaccurate, or misleading. e) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. f) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. h) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. i) your Contributions do not violate any applicable law, regulation, or rule. j) your Contributions do not violate the privacy or publicity rights of any third party. k) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. l) your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; m) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. n) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Copyright

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “trademarks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions.

The Content and the trademarks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the trademarks.

User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site]; (5) not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site];  (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

​Equipment and Operation

​Use of these Services may be available through a compatible device, Internet access and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

 

Witnessfootball makes no warranties or representations of any kind, express, statutory or implied as to: a) The availability of telecommunication services from your provider and access to the services  at any time or from any location; b) Any loss, damage or security intrusion of the telecommunication services; and c)Any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.

Jurisdiction and Governing Law

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of India applicable to agreements made and to be entirely performed within the State of India, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in Ahmedabad, Gujarat, India in all disputes arising out of or relating to the use of this website.