FOOTBALLALUMNI.COM’S TERMS AND CONDITIONS OF USE
Ownership
The FootballAlumni.com web site at http://www.footballalumni.com ("Site") which is owned
by XDev Software, LLC. ("XDev"). This Site is operated by XDev and materials on the Site
are primarily owned by XDev. The Site may also include materials owned by third parties
and posted on the Site by virtue of a license, grant or some other form of agreement between
the third party and XDev.
XDev has created this Site for your personal enjoyment, entertainment and education.
However, you are only authorized to access this Site or to use the materials contained in
the Site (regardless of whether your access or use is intended) if you agree to abide by
all applicable laws, and to these Terms of Use and Privacy Policy which constitute an
Agreement between you and XDev. Please read these Terms of Use carefully and save them if
necessary. If you do not agree with them, you should leave this Site immediately. Any questions
or comments regarding, or problems with, this Site should be sent to the Site Administrator at
admin@footballalumni.com.
If you become aware of misuse of this Site by any person, please contact the Site
Administrator at admin@footballalumni.com with your concerns.
XDev reserves the right to modify or amend this Agreement without notice at any time.
It is therefore important that you read this page regularly to ensure you are updated as to any changes.
Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other
content provided on the Site, and the selection, coordination, and arrangement of such content,
are owned by the XDev, as applicable among us, or their third-party licensors, to the full extent
provided under the United States Copyright laws and all international copyright laws. Under
applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing,
displaying, performing or transmitting any of the contents of the Site for any purposes. Nothing
stated or implied on the Site confers on you any license or right under any copyright of XDev, or
any third party.
The Site and the information contained in reference herein are for informational purposes only.
Any reproduction, copying, or redistribution for commercial purposes of any materials or design
elements of the Site is strictly prohibited, without the prior written consent of XDev. Systematic
retrieval of data or other content from this Site to create or compile, directly or indirectly,
a collection, compilation, database or directory without written permission from XDev is prohibited.
Trademark and Servicemark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs
of XDev or third-party products or services, whether or not appearing in large print or with the
trademark symbol, belong exclusively to XDev, as applicable, or their respective owners, and are
protected from reproduction, imitation, dilution or confusing or misleading uses under national
and international trademark and copyright laws, as applicable. The use or misuse of these trademarks
or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied
on this Site confers on you any license or right under any patent, copyright or trademark of XDev
or any third party.
Bulletin Boards and Chat Rooms
You are welcome to post, transmit or submit messages and other materials
(which include uploading files, inputting data or any other materials or engaging in
any form of communication in connection with this Site) (collectively "Messages") to bulletin boards,
chat rooms or other public areas within, or in connection with, this Site (collectively "Forums").
However, XDev accepts no responsibility whatsoever in connection with or arising from such Messages.
XDev does not endorse and has no control over the content of Messages submitted by others to Forums.
Messages submitted to Forums are not necessarily reviewed by XDev prior to posting and do not necessarily
reflect the opinions or policies of XDev. XDev makes no warranties, express or implied, as to the content
of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums.
Nonetheless, XDev reserves the right to prevent you from submitting Materials to Forums and to edit,
restrict or remove such Messages for any reason at any time.
XDev assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time
XDev chooses, in its sole discretion, to monitor the Forums, XDev nonetheless assumes no responsibility
for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no
responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums,
you agree to strictly limit yourself to discussions about the subject matter for which the Forums are
intended. You agree that XDev accepts no liability whatsoever if it determines to prevent your Messages
from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any
other user of this Site to access, view, store or reproduce the material for that other user's personal
use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication
that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil
liability or otherwise violates any local, state, national or international law; violate the copyright,
trademark or other intellectual property rights of any other person. By submitting Messages to Forums,
you represent to XDev that you are the rightful owner of such material or that you have first obtained
permission to submit the material from the rightful owner; improperly assume or claim the identity,
characteristics or qualifications of another person; are for purposes of spamming;
contain any virus or other harmful component; are libelous, or an invasion of privacy or publicity rights
or any other third party rights; or are for commercial purposes or contain advertising or are intended to
solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of XDev and may be used,
copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted
as XDev sees fit.
You agree to release XDev, from any and all liability and obligations whatsoever in connection with or
arising from your use of Forums. If at any time you are not happy with the Forums or object to any material
within Forums, your sole remedy is to cease using them.
Linked Sites and Advertising
If you are interested in creating hypertext links to this Site, you may do so. However, in establishing
hypertext links, you must not represent in any way, expressly or by implication, that you have received
the endorsement, sponsorship or support of this Site or XDev, including its respective employees.
If XDev has provided links or pointers to other web sites, no inference or assumption should be made and
no representation should be implied that XDev is connected with, operates or controls these web sites.
XDev is not responsible for the content or practices of third party web sites that may be linked to this Site.
This Site may also be linked to other web sites operated by companies affiliated or connected with XDev.
When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use"
and not rely on this Agreement.
XDev takes no responsibility for third party advertisements which are posted on this Site, nor does it take
any responsibility for the goods or services provided by its advertisers.
Disclaimer of Liabilities and Warranties
While XDev does its best to ensure the optimal performance of the Site, you agree that you use this Site
and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law,
are provided without warranties of any kind either express or implied. This means, without limitation, that
XDev does not warrant that the Site is fit for any particular purpose; that the functions contained in the
materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses
and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that XDev, is not liable for any delays, inaccuracies, failures, errors, omissions, interruptions,
deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized
access to your computer system or network.
You acknowledge that XDev is not liable for any defamatory, offensive or illegal conduct or material found in
connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that XDev is not liable for any damages, including, without limitation, direct, incidental,
special, consequential or punitive damages, in connection with or arising from your use or from your inability
to use the Site.
Membership, Password, Username, Security
Membership may be required for the use of certain portions of the Site. Your Membership shall not impose
any duty on us to provide any particular service to you.
Your username and password will be your identity for purposes of interacting with the Site and other users
through the Site.
You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement,
your username, and password for the Site. You shall immediately notify XDev if you learn of
or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your
username or password or of the Site. In the event of such loss, theft, or unauthorized use,
XDev may impose on you, at XDev's sole discretion, additional security obligations.
If any unauthorized person obtains access to the Site as a result of any act or omission by you,
you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and
promptly brief XDev. You shall otherwise cooperate and assist in any investigation relating to any such
unauthorized access.
Modification to Agreement
XDev reserves the right to amend this Agreement at any time. You are bound by any such revisions and
should therefore periodically visit this page to review the then-current Terms and Conditions of Use
to which you are bound. Your use of the Site after the posting of modifications to this Agreement will
constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this
Agreement, you may not use the Site.
Termination
XDev reserves the right, in its sole discretion, to terminate this Agreement and your access to all or
part of this Site, with or without notice and with or without cause.