CONDITIONS OF USE.
DISCLAIMER - FootballServices.com does not support nor promote gambling. By using this site you agree the information at this site is for news and entertainment purposes only. Use of this information in violation of any federal, state or local laws is strictly prohibited and will not be tolerated.
WELCOME TO KNOODY CORP. ("KNOODY"). THESE TERMS WERE UPDATED ON 8-7-2011. Footballservices.com is owned and operated by KNOODY CORP. For purposes of this agreement, KNOODY includes footballservices.com.
B.ELECTRONIC FORM. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
C.NON-ELECTRONIC COPY. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to email@example.com or a letter and self-addressed stamped envelope to:
830 West Cottonwood.
Freeport IL. 61032
D.WITHDRAWING YOUR CONSENT. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
- (i) EFFECT. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
- (ii) NOTICE. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to firstname.lastname@example.org or a letter and self-addressed stamped envelope to:
830 West Cottonwood
Freeport IL. 61032
- (iii) PROSPECTIVE NATURE. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
E. ACCESS AND RETENTION. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
You must be at least twenty-one (21) years of age to use the Website. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, by contacting us at email@example.com. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period. All decisions regarding the termination of accounts shall be made at the sole discretion of KNOODY. KNOODY is not required to provide you notice prior to terminating your membership and/or subscription. KNOODY is not required to disclose a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. The terms and conditions of use of this site remain in effect regardless of whether the subscriber is using the service during the free use period or after payments are required.
4. REFUND POLICY.
KNOODY does not provide any refund`s for any reason. This includes if KNOODY terminates your account. Our no refund policy applies to all memberships, including 1 month, 3 months, 6 months, and 1 year. In return, this KNOODY.com service will remain active for the full term of your paid membership. This excludes any temporary outages of service due to hacking, cracking, acts of God, hosting problems, or other such difficulties. If such happenings do arise our administrator will work diligently to get the site back online in a timely manner. Compensation for such happening`s will be an additional day added to membership for each day or substantial part of a day that the site is down. No monetary compensation will be provided under any circumstances. All problems related to those on a users end will not be compensated for in any manner.
- EXCEPTION*. You, the buyer, may cancel this agreement, without any penalty or obligation, and request a refund at any time prior to midnight of company's third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement and request a refund, send us a signed and dated written notice delivered by certified or registered mail which states that you, the buyer, are canceling this Agreement, or words to similar effect, to:
830 West Cottonwood
Freeport IL. 61032
All refunds to which a customer is entitled shall be made within 30 days of receipt by KNOODY of the cancellation notice.
5. TECHNICAL SUPPORT.
We unfortunatelly are unable to provide individual technical support. However, if do you encounter a technical problem please report it to firstname.lastname@example.org. Give a brief description of the problem, and we'll look into it and do our best to respond back to you.
Primary profile photo`s must be of, or include subscriber themselves. Pornography and Indecent Photo`s or material is strictly prohibited. If a user is found to have such material posted by them or by another, their account will be deleted without notice or warning, and the IP address blocked.
7. ACCOUNT SECURITY.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password.
8. YOUR INTERACTIONS WITH OTHER MEMBERS.
You are solely responsible for your interactions with other Members. You understand that KNOODY does not in any way screen its Members, nor does KNOODY inquire into the backgrounds of its Members or attempt to verify the statements of its Members. KNOODY makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall KNOODY be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. You understand that KNOODY makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the service.
KNOODY owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of KNOODY, and it`s licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
10. NON-COMMERCIAL USE.
No Member accounts may be used to send advertisment to other members. This includes sending messages with the intention of advertising/promoting any singles/dating/romance or similar site. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. If a member is found to be violating this term, his/her account will also be deleted immediately without warning or notice, and the IP address banned. Below is what will result, if you violate these terms.
- A. KNOODY may hire legal counsel and file suit in Illinois state court, on the grounds of, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss arising directly or indirectly from the use of (or failure to use) our services. We will seek damages for each recorded offense, and you agree to pay our attorney fees we incur as a result of having to take legal action. Subscribers consent to the jurisdiction of Illinois courts, waive all defenses of lack of jurisdiction of same, and agree that such action will be venued in the 17th Judicial District of the State of Illinois.
KNOODY reserves the right to send members emails, including a monthly newsletter.
12. PERSONAL CONDUCT.
Profanity or any other disrespectful unappropriate behavior directed toward other members, or management will result in deletion of account without notice or warning. KNOODY has sole discretion of what is deemed inappropriate.
13. CONTENT POSTED BY YOU.
Subscribers are not allowed to post email addresses, instant messengers user name, phone number, or any other contact method in their profiles. This includes paid member accounts.
14. RIGHTS GRANTED TO KNOODY.
By posting Content to any public area of KNOODY, you automatically grant, and you represent and warrant that you have the right to grant, to KNOODY, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by KNOODY will not infringe or violate the rights of any third party.
15 . USE OF SERVICE.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
16. MODIFICATIONS TO SERVICE.
KNOODY reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KNOODY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. MATERIAL POSTED ON KNOODY.
KNOODY is not responsible in any way for incorrect information on the site, whether such information is provided by KNOODY, an affiliate, or another member.
If you feel you have been abused in anyway by another member, send that members username and any proof of this event (ie. screen shot forwarded email) to email@example.com.
If we experience any legal matter that requires legal action and the necessary hiring of an attorney to prosecute a claim against a member, the member in question will be responsible for all attorney fees incured by KNOODY whether or not KNOODY prevails.
You agree to indemnify and hold KNOODY and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the terms of service, or your violation of any rights of another.
Recognizing the global nature of the Internet, you agree to comply with all local laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.You agree to use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You acknowledge you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
When you register with KNOODY, you acknowledge the fact that use of the service results in interstate data transmissions.
23. PAID SUBSCRIPTIONS.
Some services provided by KNOODY currently require a paid subscription. Some services provided by KNOODY are currently free, in the future however, membership to use the service may require payments. At that time, current members will receive an email approximately 30 days before payments are required to continue membership, notifying them of the conversion from a free site to a payment required site. At that time, current members will be given the opportunity to continue membership at the then current subscription rate`s. Members failing to submit proper payment by the conversion date, may lose some or all of membership services. KNOODY reserves the right to post picks from our VIP handicapping service for free to the general public.
KNOODY is not responsible for any communications failure or delay.
KNOODY may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KNOODY has no control over such sites and resources, you acknowledge and agree that KNOODY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that KNOODY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
26. LIMITATION OF LIABILITY.
Except in jurisdictions where such provisions are restricted, in no event will KNOODY be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if KNOODY has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, KNOODY`s 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 KNOODY for the Service during the term of membership.
27. NO THIRD-PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this terms of service, there shall be no third-party beneficiaries to this agreement.
28. DELETION OF ACCOUNTS AND PROFILES.
KNOODY reserves the exclusive right to delete member accounts for any reason not covered in these terms and conditions without warning or explaination to member.
29. DEATH OR DISABILITY.
If by reason of death or disability you are unable to receive all services for which you contracted, you and your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability.
- (1) If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you or your representative.
- (2) "Disability" means a condition which precludes you from physically using the service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to the company. To cancel this agreement and request a refund due to death or disability, you or your representative must send us a signed and dated written notice delivered by certified or registered mail requesting the cancellation of the agreement and refund request, or words to similar effect, to:
830 West Cottonwood
Freeport IL. 61032
All refunds to which a customer or his or her estate is entitled shall be made within 30 days of receipt by KNOODY of the cancellation notice.
30. SECTION TITLES.
section titles in the Terms Of Service are for convenience only and have no legal or contractual effect.
This Agreement contains the entire agreement between you and KNOODY regarding the use of the Website and/or service, and governs your use of the Service, superseding any prior agreements between you and KNOODY with respect to the Service.If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
32. STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms Of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
33. QUESTIONS AND SUGGESTIONS
If you have questions or suggestions, please contact us at: customercare@KNOODY.com.