Terms of Service

By using the our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) Website or its services (the “Site” or the “Service”), you are agreeing to be bound by these web site Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. This Service or any portion of this Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) without express written consent. You may not use any meta tags or any other “hidden text” utilizing our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT)’s name or trademarks without the express written consent of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) or third parties, and any unauthorized use terminates the permission to use the Service granted by our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT).

INTELLECTUAL PROPERTY RIGHTS:

This Service or any portion of this Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) without express written consent. You may not use any meta tags or any other “hidden text” utilizing our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT)’s name or trademarks without the express written consent of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) or third parties, and any unauthorized use terminates the permission to use the Service granted by our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). Unless otherwise stated, the contents of this site including, but not limited to, the text and images, graphics, button images, contained herein and their arrangement, the “look and feel” (relating to the Site Content) and the site design and are the property of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). The trademarks, service marks, designs and logos displayed on this Site are the registered and unregistered Trademarks of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). All trademarks referred to in this Site are the property of their respective owners.

USER ACCOUNT:

To create your Account, you may register with our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) through your account with certain third party social networking services, including Facebook (collectively, “SNS”). When you register through your SNS account, you will be asked to login to the Service using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Service via such SNS. You have the option to disable the connection between your our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) Account and SNS account at any time by accessing the SNS account and disconnecting access to the Service.

USER CONTENT:

By contributing Content (including but not limited to posts) to our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT), you acknowledge and agree to the following terms and our Privacy Policy. You should only contribute Content if you are comfortable with these terms:

• Your Content will be publicly visible throughout the Service.

• Your Content, including your public account information such as your display name or profile picture, may be indexed by third party search engines, such as Google, which may not remove it immediately (or ever), even if it is removed from the our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) Service.

• Your Content may be licensed to third parties who have agreed to the API Terms of Service, or otherwise licensed it from our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT), as described in our Privacy Policy.

• You will contribute accurate photos and information. Content that is inaccurate, offensive, indecent, inaccurate, objectionable, or otherwise inappropriate may be flagged and removed without notice.

• All content posted on the Service must comply with all applicable laws. You represent and warrant that

  
  

  • you own or otherwise possess all rights to use Your Content;

  • you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information;

  • you are authorized to grant all of the rights described in these Terms and Services

  • the use of your Content as contemplated by these Terms will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. If you do not have the right to submit Content for such use, it may subject you to liability

  • the jersey or tournament or team created is not named in a manner that misleads your readers into thinking that you are another person or organization;




• You will be held solely responsible and liable for Your Content and conduct on the our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) Service. our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) will not be responsible or liable for any use of your Content by our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

• Your Content may be modified or adapted (for example, photos may be cropped) in order to meet design and technical requirements of the Service or for any other reason. You are responsible for retaining original copies of Your Content.

In case of any violation of the above, our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) reserves the right to cancel, remove or rename your account and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion. our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) also reserves the right to delete your Tournaments or Teams and/or to block the distribution of Your Content or any Third-Party Content through the Service and/or to modify, at its sole discretion, the name of your Tournaments or Teams. Your Content always belongs to you. You retain copyright and any other rights you already hold in Your Content, but by uploading, posting, contributing, or otherwise providing Your Content to our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT), you grant our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit Your Content in connection with the Service and our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT)’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party services). For clarity, the foregoing license grant does not affect your other ownership or license rights in Your Content, including the right to grant additional licenses to the material in Your Content, unless otherwise agreed in writing.

PERMITTED USE OF THE SERVICE:

Our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) allows Users to access and make personal use of this Service, including but not limited to creating and/or managing player profile, teams, matches and tournaments using the Website or using the iPhone, Android phone applications. Users may not modify the Service, or any portion of it, except with express written consent of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). You agree that you will not use or attempt to use this Service for any purpose other than for creating and managing player profiles, sporting teams, matches and tournaments; you may not (and may not allow any third party to) use or attempt to use this Service or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Service for any purpose:

• that transmits any unauthorized or unsolicited advertisements, solicitations, schemes, spam, flooding, or other unsolicited spam or bulk e-mail (including without limited postings to third party social media services which are linked to the Service) or unsolicited commercial communications,

• that transmits any harmful or disabling computer codes, files, programs or viruses,

• that harvests e-mail addresses or personally identifiable information from our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT),

• that interferes with our network services or the proper working of the Service or activities conducted on the Service,

• that uses manual or automated software or other processes to “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any page of the Service,

• that attempts to gain unauthorized access to our Service including bypassing measured we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service),

• that suggests an express or implied affiliation with our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) without the express written permission of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) or that impersonates any person or entity including an employee or representative of our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT),

• that impairs or limits our ability to operate this Service or any other person’s ability to access and use this Service.

DISABLING YOUR ACCOUNT AND YOUR CONTENT:

You may disable your Account at any time via the Service. If you disable your Account, we will use commercially reasonable efforts to stop displaying any public Account information throughout the Service. Disabling your Account anonymizes Your Content but does not automatically remove it. Because other our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) users may have acted on Your Content, you may not be able to remove or edit your Content once you’ve contributed it to our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). We have made reasonable efforts to enable you to delete your Content and disable your Account, which disassociates your Content from your Account, but we cannot guarantee complete removal.

REFUND POLICY:

Please refer to our refunds policy page for information about refunds.

THIRD PARTY WEBSITES:

Unless expressly stated otherwise, our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Websites to which this Service may provide a link. By using the Service you acknowledge and agree that our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each Website’s privacy statements and conditions of use to understand your rights and responsibilities.

DISCLAIMER AND LIMITATION OF LIABILITY:

THE SERVICE IS PROVIDED BY our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) ON AN “AS IS” AND “AS AVAILABLE” BASIS. our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO (1) THE OPERATION OF THE SERVICE (2) THE OCCURRENCE OF TOURNAMENTS OR MATCHES CREATED OR MANAGED THROUGH our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT). (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF THE CONTENT ON THE SERVICE, OR PRODUCTS INCLUDED ON THE SERVICE, OR (4) ANY USE OR MISUSE OF YOUR CONTENT OR SERVICES MADE BY A THIRD PARTY OR A COMMERCIAL PARTNER, OR MORE GENERALLY THE CONDUCT OF OTHERS.(5) WHETHER THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

THIS SERVICE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE, OR ANY USER CONTENT OR CONDUCT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION, OR USER CONTENT OR CONDUCT WILL BE AT YOUR SOLE RISK.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED ON THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT), THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

TERMINATION:

Our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) may, in its sole discretion, terminate or suspend your access to all or part of the Service, for any reason including without limitation, your breach of these Terms in its sole discretion and without notice to you. In the event these Terms are terminated, the restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.

GOVERNING LAW:

If there is any dispute between you and us about or involving the Site, by using the Site you agree that the dispute shall be governed by Indian law and shall be subject to the exclusive jurisdiction of the Indian courts.

MODIFICATION OF TERMS OF USE:

Our operating websites (PLAYINGA, TOURNEYSOFT & KLUBSOFT) reserves the right to change, modify, add or delete portions of the Terms of Use at any time, without prior notice. Please re-review the Terms of Use periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.