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FIFA World Cup Germany 2006

Terms of Service

Welcome to FIFAworldcup.com. Yahoo! UK Limited ("Yahoo!") and Federation Intérnationalé de Football Association ("FIFA"; Yahoo! and FIFA are collectively referred to as "Provider") provide this service to you on these Terms of Service ("TOS"). Particular parts of the Provider’s services may have additional guidelines, terms and rules posted by Provider at any time. If you use these parts of the services then these guides and rules will apply as part of the TOS. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part. Where there is any inconsistency between the TOS and any guide or rule, the TOS will prevail.

Provider may vary the TOS. We may need to do this to reflect changes to the Service or the laws that we operate under. Where Provider wishes to make a change, we will notify you by posting details of changes on this url, on other pages of fifaworldcup.com or by email. Please look at this site regularly to check for changes. If you do not want to continue to receive the Service after any such change, you may choose not to return to fifaworldcup.com.

1. DESCRIPTION OF SERVICE
Provider’s service currently provides users with access to a rich collection of on-line resources, including, without limitation, specialized content and activities, shopping services and branded programming through FIFAworldcup.com (the "Service"). A key element of the Services is that it will change to allow new features to augment or enhance the current Service. The Service is provided "AS IS" and the Service does not include a guarantee of the timeliness, accuracy, deletion or failure of the Content or Service.

There are limits on the capacity of the Services which are set out in paragraph 11 below.

2. YOUR RESPONSIBILITY FOR INTERNET ACCESS
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
Certain areas of the Service will require registration. In consideration of your use of these areas of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate your account and refuse any and all current or future use of all or any part of the Service. Provider is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, he or she will be able to access all of the Service, which may now or in the future include public and private communication tools as well as other features that may not be appropriate for use by children unsupervised. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

4. PRIVACY POLICY
Registration Data and certain other information about you is subject to both the Yahoo! and FIFA privacy policies. For more information, please see our full privacy policies at:

For Yahoo!: http://uk.docs.yahoo.com/info/privacy.html

For FIFA: http://fifaworldcup.yahoo.com/06/en/pp.html

You acknowledge and agree that Provider may preserve and may also disclose information collected pursuant to the privacy policies: (a) to Provider's affiliated companies worldwide for the purpose of providing the Service to you in an efficient manner; (b) for the purpose of properly administering your account in accordance with the standard operating procedures of Provider or its affiliated companies; or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of other users or the public.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Provider of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content") on the Service, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Provider are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that by using the Service, you may be exposed to Content provided by others that is offensive, indecent or objectionable. Under no circumstances will Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Provider official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.

With respect to all Content you elect to post to any area of the Service, you grant Provider the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all or part of such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

You acknowledge that Provider and the people it designates shall have the right (but need not) to refuse or move any Content that is available via the Service. Without limiting the foregoing, Provider and the people it designates shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You must evaluate the use of any Content and any use you make will be at your own risk. You are responsible for any reliance on the accuracy, completeness, or usefulness of such Content and take all risks of doing this. You must not rely on any Content created by Provider or submitted to Provider.

The technical processing and transmission of the Service may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Provider reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent to this paragraph at any time.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
The Internet is global. You agree to comply with all laws and rules regarding online conduct and acceptable Content that apply to your use of the Service. You agree to comply with all laws that apply to the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different). Furthermore, when visiting other language versions of FIFAworldcup.com, you will comply with the laws of the jurisdiction governing that site.

8. INDEMNITY
You agree to indemnify and hold Provider and their subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your breach of the TOS, or your breach of any rights of another.

9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. MODIFICATIONS TO SERVICE
Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION
Provider may terminate your password, account (or any part of it) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if you have breached the TOS. Provider may also at any time discontinue providing all or any part of the Service with or without notice. Where Provider can terminate or restrict your access to the Service under this TOS, you agree that it may do so without prior notice and that Provider may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Provider shall not be liable to you or any third-party for any termination of your access to the Service.

12. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) Provider shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service; and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service (including, without limitation, the e-Shop) are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.

13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Provider has no control over such sites and resources, you acknowledge and agree that Provider 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 Provider 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.

14. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Yahoo!, FIFA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Yahoo! grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Yahoo! for use in accessing the Service.

15. DISCLAIMERS
YOU AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B. PROVIDER MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY
PROVIDER IS NOT RESPNSIBLE TO YOU FOR LOSSES THAT ARE NOT A FORESEEABLE CONSEQUENCE OF US BREAKING THIS AGREEMENT. LOSSES ARE FORESEEABLE WHERE THEY COULD HAVE BEEN CONTEMPLATED BY YOU AND US AT THE TIME YOU AGREED TO THIS TOS.

YOU AGREE THAT PROVIDER SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER THEY WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF REVENUE; (B) LOSS OF PROFITS; (C) LOSS OF THE USE OF MONEY; (D) LOSS OF ANTICIPATED SAVINGS; (E) LOSS OF BUSINESS; (F) LOSS OF OPPORTUNITY; (G) LOSS OF GOODWILL; (H) LOSS OF REPUTATION; (I) LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; (J) ANY DIRECT DAMAGES; OR (K) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

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 OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR: (i) DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF PROVIDER; (ii) ANY BREACH OF THE OBLIGATIONS IMPLIED BY S.12 SALE OF GOODS ACT 1979 OR S.2 SUPPLY OF GOODS AND SERVICES ACT 1982; OR (III) THE TORT OF DECEIT.

18. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

19. TRADEMARK INFORMATION
A. FIFA, the FIFA logo, the 2006 FIFA World Cup GermanyTM logo, emblem and mascots and other FIFA logos and product and service names are trademarks of the Federation Intérnationalé de Football Association (the "FIFA Marks"). Without FIFA's prior permission, you agree not to display or use in any manner, the FIFA Marks.
B. Yahoo!, the Yahoo! logo, and Geocities trademarks and service marks, and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. (the "Yahoo! Marks"). Without Yahoo's prior permission, you agree not to display or use in any manner, the Yahoo! Marks.

20. COPYRIGHTS and COPYRIGHT AGENTS
Provider respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please go to our copyright policy to report the problem. Yahoo! respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please go to our copyright policy: http://uk.docs.yahoo.com/copyright.html to report the problem.

21. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Provider and govern your use of the Service prior to you successfully completing in the Yahoo! registration process, superseding any prior agreements between you and Provider as regards the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Provider shall be governed by the laws of England. You and Provider agree to submit to the exclusive jurisdiction of the English courts. Any failure by Provider to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.

22. VIOLATIONS
Please report any violations of the TOS to Provider via post or e-mail at uk-abuse@yahoo-inc.com.


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