Terms and
Conditions
Use of Site/ Sale
of Goods
1.
WorldSportShops.com
Who we are
Welcome to WorldSoccerShop.com (WorldSoccerShop.com
? WorldSoccerShop.com). WorldSoccerShop.com is owned
and operated by 365 Inc. 3027 6th Avenue South
Birmingham Alabama 35233 USA 365 and its affiliates
provide their Goods and Services to you subject to
the following conditions. If you visit or shop at
any of the following stores
- WorldSoccerShop.com
- Soccer365.com
-
Setanta.WorldSoccerShop.com
- WorldRugbyShop.com
- RugbyRugby.com
-
Setanta.WorldRugbyShop.com
- PlanetRugbyShop.com
- WorldSportShops.com
you accept and agree to be
unconditionally bound by these Terms and Conditions.
365 reserves the right to update or modify these
Terms and Conditions at any time without prior
notice. For this reason, we encourage you to review
these Terms and Conditions whenever you visit the
Web Site.
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2.
Conditions of use
2.1 Use of the Services
and Web Site
WorldSoccerShop.com (the "Web Site") and the goods
and services on it are offered to you for your
personal and non-commercial use only. Any other use,
including the commercial, reproduction,
modification, distribution, transmission,
republication, display, or performance of content on
the Web Site is strictly prohibited.You agree to
comply with all applicable laws, statutes and
regulations in connection with the use of the Web
Site and goods (the "Goods") or services (the
"Services") obtained via the Web Site. The Goods and
Services are together referred in the Terms and
Conditions to as the "Supplies."
2.2 Restrictions on Use
As a condition of your use of this Web Site and the
Supplies you agree that you will not:
(a) reverse engineer or
decompile (whether in whole or in part) any software
available through the Web Site (except to the extent
expressly permitted by applicable law);
(b) remove, change or obscure
any product identification or notices of proprietary
rights or any restriction on or in the Supplies
and/or the Web Site;
(c) remove any copyright,
trade mark or other intellectual property right
notices contained in material on the Web Site or
Supplies;
(d) make copies, modify,
reproduce, republish, post, transmit, distribute or
alter (including the creation of HTML links to or
from the Web Site) all or any part of the Web Site
or any materials contained on it.
2.3 Unlawful or Improper
Use
You must not use the Web Site or the Supplies for
any unlawful purposes or violate the security of the
Web Site. In particular, you must not:
(a) publish, post, upload,
distribute, disseminate or otherwise transmit,
information or pictures that are obscene or
pornographic, threatening, menacing, racist,
offensive, defamatory, libellous, or are alleged to
be, or are in the opinion of 365, otherwise
unlawful;
(b) upload files that contain
software or other materials in breach of any
intellectual property rights or in breach of
confidence;
(c) download any file of
materials posted by another user that you know, or
reasonably should know cannot be copied or otherwise
used legally;
(d) harass, stalk, threaten
or otherwise infringe the rights of others;
(e) hack into any web site,
deliver viruses or forward chain letters, surveys,
contests, pyramid schemes or engage in any other
behaviour likely to inhibit any other user from
using and enjoying the Web Site or the Services or
that is otherwise likely to damage or destroy the
reputation of the Web Site or 365;
(f) advertise or offer to
sell goods or services;
(g) access data not intended
for such user or logging onto a server or an account
which the user is not authorized to access;
(h) attempt to probe, scan or
test the vulnerability of a system or network or
breach security or authentifications measures
without proper authorization;
(i) attempt to interfere with
service to any user, host or network, including,
without limitation, via a means of submitting a
virus to the Web Site, overloading, "flooding,"
"spamming," "mailbombing," or "crashing;"
(j) forge any TCP/IP packet
header or any part of the header information in any
email or newsgroup posting.
365 will investigate occurrences that may involve
such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who
are involved in such violations.
2.4 Monitoring and
disclosure
365 accepts no obligation to (but may in its
discretion) monitor the use of the Web Site and/or
the Services by you. 365 reserves the right to
disclose any information or material which may be
provided by you if required by law or regulations
and to remove, refuse to post or to edit any such
information or material and to take such other
action as may be reasonably necessary to prevent any
breach of these Terms and Conditions.
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3. Usernames and passwords
Following any registration by you, 365 will deliver
your user name and password to you. Delivery may be
by any reasonable means (including electronic or
postal delivery).
You must keep your user name and password
confidential at all times. Any breach of these Terms
and Conditions by anyone to whom you disclose your
password will be treated as if the breach had been
committed by you, and will not relieve you of your
obligations under these Terms and Conditions.
You must take appropriate security measures to
prevent unauthorised disclosure of your user name
and password and you must notify 365 immediately if
your password becomes known to any unauthorised
user.
You must notify 365 of any changes to your
registration details.
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4. Intellectual property
rights
All content and materials on the Web Site, including
text, graphics, illustrations, designs, icons,
photographs, programs, video clips, audio clips,
digital downloads, data compilation, and software,
is the property of 365, its content suppliers or
licensors and is protected by U.S. and international
copyright laws.
WorldRugbyShop.com and 365 names and logos and
related product and service names, design marks and
slogans are the trademarks or service marks of 365.
All other marks are the property of their respective
companies. No trademark or service mark license is
granted in connection with the materials contained
on the Web Site.
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5. Operation of the
services and web site
365 may at its sole discretion from time to time
without notice change the format and content of the
Web Site and/or the Services and suspend the
operation of the Web Site and/or the Services, for
example, for repair or maintenance work, or in order
to update or upgrade the contents or functionality
of the Web Site and/or the Services.
You are responsible for obtaining and updating your
own web browser, and for all amounts payable in
respect of connection to the internet including any
telecommunications charges for time spent online in
respect of use of the Web Site.
You will comply with all directions and instructions
given by 365 in relation to the use of and access to
the Web Site and the Services. 365 does not accept
responsibility for the security or content of any
information which you may supply through the Web
Site or the Services and will not be liable for the
content of any communications or messages received
by you from other users.
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6. Disclaimer, limitations
of liability and indemnification
THIS SITE IS PROVIDED BY 365
ON AN "AS IS" AND "AS AVAILABLE" BASIS. 365 MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED
ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, 365 DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, 365
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEB
SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT
WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE
TERMS AND CONDITIONS. CERTAIN U.S. STATES DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCE AND
UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL 365
OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE
OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF
AN AUTHORIZED REPRESENTATIVE OF 365 HAS BEEN ADVISED
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL 365 BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN
CONNECTION WITH YOUR USE OF THE WEB SITE DURING THE
SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE
CLAIM AROSE.
You agree to indemnify and
keep indemnified 365 against any loss or damage
arising from your unauthorised use of the Web Site
or your disclosure of any password or username and
from all actions, proceedings, claims, demands,
costs (including legal costs), awards and damages
howsoever arising, directly or indirectly as a
result of any breach or non-performance by you of
any of your obligations under these Terms and
Conditions.
365 does not accept responsibility for the security
or content of any information which you may supply
through the Web Site or the Services and will not be
liable for the content of any communications or
messages received by you from other users including
any content posted by other users in chat rooms.
You are solely responsible
for your use of the Web Site, Supplies, any
username, password and any information made
available on the Web Site from time to time and for
any consequences or effects (whether direct or
indirect) of such use.
365 does not warrant that the
Web Site or the Supplies will be uninterrupted or
error or defect free and shall not be responsible
for the non-performance or interruption of the Web
Site or the Services or for any viruses transmitted
through the Web Site or the Services.
Any links from the Web Site
to third party web sites do not constitute an
endorsement by 365 of any products or services
available on such web sites and 365 does not
necessarily support or approve of them. You use such
links entirely at your own risk and 365 accepts no
responsibility for the content or use of such web
sites or information contained in them.
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7. Buying goods and
services on the web site
7.1 Contracting party
You may be able to purchase Supplies via the Web
Site either direct from 365 or from third parties.
You must ensure that, if you do intend to make any
purchases, you know the identity of the company with
which you will be contracting. Any contract you
conclude with third parties will be on their Terms
and Conditions and 365 will accept no liability
whatsoever in respect of such contracts. Third party
Terms and Conditions should be available in the
checkout or other appropriate section of the
relevant 365 or third party web site. The following
paragraphs of this clause 7 contain Terms and
Conditions relating solely to any sale or provision
of Supplies direct to you by 365, not by any third
party.
7.2 Prices
The prices of all Goods are clearly marked in their
description and are in US Dollars. All delivery
charges are also displayed on the Web Site. Some
customers may be asked to pay local duties on goods
being shipped outside the United States.
7.3 Conclusion of Contract
of Sale
Any Supplies and prices of Supplies displayed on the
Web Site constitute an invitation to enter into a
contract for said Supplies. Once you go the checkout
section of the Web Site and click to purchase any
Supplies, this constitutes an offer made by you to
365. Acceptance of your offer only occurs once you
receive notification from 365 of acceptance of your
order.
7.4 Period of Offer
Prices of any Supplies may be changed by 365 at any
time before the conclusion of an agreement to sell
(i.e., once you receive notification from 365 of
acceptance of your order).
7.5 Payment
Payment is to be made by credit or debit card and
all credit and debit card information will be
encrypted for security.
7.6 Delivery
Delivery of any Goods will be by courier or post
depending on the size and nature of the Goods to be
supplied. The Goods will normally be delivered
within 30 days of the placement of the order. If
delivery is delayed beyond 30 days, we will notify
you that this is the case and you will have an
option to cancel your order if the delay is
unacceptable. Most orders will ship in five to ten
days if shipped to a US address. Product
descriptions usually include an estimate of the
delivery delay.
7.7 Substitutes
Should the Goods you order not be available,
substitute goods may be provided by 365, subject to
your approval. If you should decide that any
substitution of Goods is unacceptable, 365 will pay
for the cost of returning the Goods and will also
provide you with a full refund.
7.8 Cancellation
You may cancel your order at any time before
delivery, without affecting the continuance of this
agreement between 365 and you in relation to use of
the Web Site. If any money has been collected from
your credit or debit card, this will be refunded.
Notification of cancellation must be either in
writing and sent to the address stated above or
emailed to
info@365sport.com. Once the Goods have
been delivered, you may still return them to 365
within 7 working days of delivery for a full refund,
provided the Goods are in good condition. Where
Services have been ordered, you may cancel the order
within 7 working days of the day on which the order
was placed.
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8. Termination
365 reserves the right to terminate this agreement
and your access to the Web Site and the Services at
any time and without notice, for any reason
whatsoever. 365 also reserves the right to bar
anyone from using the Web Site and the Services.
On termination, you will immediately stop using any
username and password and the Services and will
return any such username and password to 365 within
5 days of such termination and destroy (so that they
cannot be retrieved) all records or copies you may
hold of the username and password and any
information about or obtained from the Web Site and
the Services.
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9. Contact
You may contact 365 about any problems, questions or
comments regarding the Web Site at
info@365sport.com
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10. User comments,
feedback, postcards and other submissions
365 welcomes your comments as to the Web Site. All
comments, feedback, postcards, suggestions, ideas
and other submissions disclosed, submitted or
offered to 365 on or by the Web Site or otherwise
disclosed, submitted or offered in connection with
the use of the Web Site (collectively, the
"Comments") shall be and remain the property of 365.
Such disclosure, submission or offer of any Comments
shall constitute an assignment to 365 of all
worldwide rights, titles and interests in all
copyrights and other intellectual properties in the
Comments. Thus, 365 will own exclusively such
rights, titles and interests and shall not be
limited in any way in its use, commercial or
otherwise, of any Comments. 365 is and shall be
under no obligation (1) to maintain the Comments in
confidence; (2) to pay to user any compensation for
any Comments; or (3) to respond to any user
comments. You are and shall remain solely
responsible for the content of any Comments you
make.
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11. General
These Terms and Conditions shall be governed by and
interpreted in accordance with the laws of Alabama
and you consent to the exclusive jurisdiction of the
Alabama courts in all disputes arising out of or
relating to the use of the Web Site or the provision
of Supplies by 365. The Web Site is operated and
controlled by 365 from its offices in Alabama. 365
makes no representation that information or material
contained at the Web Site is appropriate for use in
other jurisdictions. Users who access the Web Site
from other jurisdictions do so at their own
initiative and are responsible for compliance with
any local laws.
You agree that 365 may
subcontract the performance of any of its
obligations or may assign these Terms and Conditions
or any of its rights or obligations under them
without notice. 365 may delay enforcing its rights
under these Terms and Conditions without waiving
them. If any provision of these Terms and Conditions
is found to be unenforceable, this shall not affect
the validity of any other provision. 365 may amend,
vary or supplement these Terms and Conditions at any
time. 365 will post a notice of any such amendments
on the Web Site and such amended Terms and
Conditions will automatically be effective. These
Terms and Conditions (as varied from time to time)
form the entire agreement of the parties and
supersede all previous agreements, understandings
and representations relating to their subject
matter.
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