Website Use Agreement

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

Terms and Ownership of Site

Empire of Sports AG, its licensors and affiliates (“Empire of Sports AG”) brings to you the game, Empire of Sports™ (“EOS”). Empire of Sports AG owns, in its entirety the websites and the content thereon, which can be found at www.empirefsports.com as well as all associated sites (“Site(s)”).

 

These Website Terms of Use (the “Site Terms”) apply to your use of the Sites.
Your use of the Sites are also governed by the EOS Privacy Policy, the terms of which can be found at: www.empireofsports.com/community/en/legal-infos/index.html and which are incorporated herein by reference.

Your use of the:

1) online service required to gain full access to EOS is governed by the Terms of Use; and

2) EOS software client which is necessary for you to download either to gain access to the online portion of EOS is governed by the End User License Agreement.

Both the Terms of Use and the End User License Agreement can be found at: www.empireofsports.com/community/en/legal-infos/index.html, and are incorporated herein by reference.

Empire of Sports AG reserves the right, at its sole discretion and without notice to you, to modify, add or remove portions of these Site Terms or the terms of any applicable agreement, at any time. It is your responsibility to check these Site Terms from time to time for changes. Your continued use of the Site following the posting of any then amended terms will mean that you accept and agree to the said amended terms.

 

License

In so far and as long as you comply with these Site Terms, Empire of Sports AG grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site on the terms set out herein.

 

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Empire of Sports AG, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and laws.

Except as expressly provided in these Site Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Empire of Sports AG’s express prior written consent.

You may use information and downloads provided for public use (such as data sheets, knowledge based articles, and similar materials), which is purposely made available by Empire of Sports AG for you to download from the Site, provided that you: (1) not remove any proprietary notice language in any copies of such documents, (2) use the information only for your personal, non-commercial informational purpose, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

 

User Online Conduct

This Site may contain bulletin board services, chat areas, news groups, forums, communities, or other communication facilities designed to enable you to communicate with others online. You should refer to the EOS Code of Conduct, which can be found at: www.empireofsports.com/community/en/legal-infos/index.html, which are incorporated into this Site Terms by express reference.

You agree to use the online facilities only to post, send and receive messages and material that are proper and related to Empire of Sports. By way of example, and without limitation, you agree that you will not do, or attempt to do, any of the following:

- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, pornographic, hateful or unlawful name, material or information.

- Upload files or post or transmit information protected by copyright, trademark, trade secret or other proprietary right, unless with the express written permission of the owner of such right.

- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of this Site or another' person's computer.

- Advertise or offer to sell or buy any goods or services for any business purpose, disseminate or transmit "spam," unsolicited messages, chain letters, or unsolicited commercial email.

- Falsify, modify or delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols.

- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Failure to abide by these rules (as further expounded in the Code of Conduct), shall result in Empire of Sports AG terminating your access to the Site and may be the basis of legal action as against you.

 

 

User Generated Content Ownership and Warranties

User Generated Content shall mean, without any limitation whatsoever, any feedback, chat logs, forum logs, emails, pictures, screenshots, video, game characters and /or game play, or any communication whatsoever that you create from and / or insert, append, attach or otherwise upload to EOS, the EOS Websites, forums and / or chat logs (“UGC”).

You warrant:

1) that any and all UGC provided by you, shall be solely created by you and/ or that have a license to use the said UGC in the manner in which you do; and

2) that none, either in whole or in part, of the UGC infringes upon any intellectual property of any third party, and

3) you acknowledge and agree that any and all UGC created and / or generated by you, at any time, is and shall be the sole property of Empire of Sports AG.

You agree to assign any rights that you may have in any UGC to Empire of Sports AG and to execute any and all documents required in order to assign any such rights to Empire of Sports AG.  Alternatively, if such an assignment is found to contravene any local laws, you hereby grant to Empire of Sports AG a perpetual, royalty free, irrevocable and unlimited license to use the UGC in such manner, including without limitation, to sub-license and commercially use any UGC, that Empire of Sports AG in its sole discretion decides.
You acknowledge that have no interest, monetary or otherwise, in any feature or content contained in EOS Property or UGC.

 

Consent to Monitor and Disclose

Empire of Sports AG will monitor, although it is under no obligation to do so, the service, the EOS environment, chat logs and forums and any and all communications (of whatever method, including without limitation email, fax and telephone) between you and Empire of Sports AG.  In addition, Empire of Sports AG reserves the right to record any and all communications.  You agree that you will have no expectation to the right of privacy.

You will remain fully liable and responsible for anything you submit to EOS.  Such liability may arise under the EOS Code of Conduct and / or pursuant to law.

Empire of Sports reserves the right to edit, remove or otherwise refuse to publish any UGC.  Empire of Sports also reserves the right to disclose any UGC for any reason, and such reasons may include (without limitation): (1) to comply with any applicable law, regulation or legal request, (2) in order to enforce the terms of this Agreement, (3) disclosure to the police, judicial authority, (4) in order to protect the rights or remedies of Empire of Sports AG or our users, or (5) if Empire of Sports believes that any persons health or safety is threatened.

Please refer to the EOS Privacy Policy: www.empireofsports.com/community/en/legal-infos/index.html for full details in respect of this subject matter.

 

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Empire of Sports AG reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Empire of Sports AG server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. you may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Empire of Sports AG, including any Empire of Sports AG account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Empire of Sports AG’s systems or networks, or any systems or networks connected to the Site or to Empire of Sports AG.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Empire of Sports AG on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Site Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Empire of Sports AG or others.

 

Purchases; Other Terms and Conditions

Additional terms and conditions, which are either set out in the Terms of Use (http://www.empireofsports.com/en/legal/index.html), or are conspicuously displayed at the time of purchase, will apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features (“Additional Terms”), all Additional Terms are incorporated into these Site Terms by reference. You agree to abide by such Additional Terms, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these  Site Terms and the Additional Terms, the Additional Terms shall govern with respect to your use of that portion of the Site or the specific service.
Empire of Sports AG may make changes to any products or services offered on the Site, or to the applicable prices or availability for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Empire of Sports AG makes no commitment to update the materials on the Site with respect to such products and services.

 

Accounts, Passwords and Security

Certain features or services offered on or through the Site as well as to (i) enable you to access the EOS Client and / or (ii) register to play EOS will require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Empire of Sports AG immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Empire of Sports AG or any other user of or visitor to the Site due to someone else using your Empire of Sports AG ID, password or account.

 

Privacy

Empire of Sports AG’s Privacy Policy applies to use of this Site. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

Links to Third Party Sites

This Site may contain links to other independent third-party Web sites (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to our visitors. Such Third Party Sites are not under Empire of Sports AG’s control, and Empire of Sports AG is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites.

 

Disclaimers

EMPIRE OF SPORTS AG DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EMPIRE OF SPORTS AG CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EMPIRE OF SPORTS AG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMPIRE OF SPORTS AG DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EMPIRE OF SPORTS AG SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITES. YOUR SOLE REMEDY AGAINST EMPIRE OF SPORTS AG FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Empire of Sports AG reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liability

Except where prohibited by law, in no event will Empire of Sports AG be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Empire of Sports AG has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Site Terms, Empire of Sports AG is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Empire of Sports AG’s liability shall in no event exceed Swiss Franc 100.00 (one hundred CHF). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Indemnity

you agree to indemnify and hold Empire of Sports AG, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any direct or indirect damages, loss, liability, claims or expenses (including attorneys’ fees), made against Empire of Sports AG by any third party, in particular any claim relating to your infringement of that third party’s intellectual property rights, due to or arising out of or in connection with your use of the Site.

 

Violation of These Site Terms

Empire of Sports AG reserves the right at all times to disclose any information that Empire of Sports AG deems necessary to comply with any applicable law, regulation, legal process or governmental request, as well as may be necessary to protect the interests of Empire of Sports AG.
Empire of Sports AG may, in its sole discretion and without prior notice to you, terminate your access to the Site and/or block your future access to the Site if Empire of Sports AG determines that you have contravened these Site Terms or any other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Site Terms will cause irreparable harm to Empire of Sports AG, for which monetary damages would be inadequate, and you consent to Empire of Sports AG obtaining any injunctive or equitable relief that Empire of Sports AG deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Empire of Sports AG may have at law or in equity.
You agree that Empire of Sports AG may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Empire of Sports AG does take any legal action against you as a result of your violation of these Site Terms, Empire of Sports AG will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Empire of Sports AG.

 

Void Where Prohibited

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the European Union. Empire of Sports AG reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

 

Miscellaneous

Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement.

Waiver

No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
Force Majeure
Empire of Sports AG will not be liable or responsible for any failure to perform, or delay in performance of, any of his obligations under this Agreement that is caused by an ‘Act of God’ or event outside Empire of Sports AG’s direct control.

Assignment

This Agreement is personal to you and cannot be assigned, either in whole or in part, to any other person.

Entire Agreement

This Agreement is the entire agreement between Empire of Sports AG and you with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the End User License Agreement or the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use and / or the End User License Agreement, the agreements shall be construed in the following governing order (1) Terms of Use, (2) End User License Agreement and (3) this Agreement.

Notices

Any notices pursuant to this Agreement must be served in writing and sent to General Counsel, Grafenauweg 2, Zug, Switzerland.

Governing Law

This Agreement will be governed by and construed under the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the laws of England and Wales.  

Copyright © 2008 Empire of Sports AG. All rights reserved. Trademarks belong to their respective owners.

adidas, the 3-Bars logo and the 3-Stripe trade mark are registered trade marks of the adidas Group, used with permission.

 

v.1.1 October 2008