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FootySX terms and conditions of use



PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The FootySX.com.au web site (the "Website" or "FootySX" or the "Service") is provided by FootySX.com.au and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to these terms and conditions of use and all modifications there to ("Terms and Conditions"), and any additional rules that may be published from time to time by FootySX. By using this site, you are deemed to have agreed to these Terms and Conditions. FootySX may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on FootySX.com.au. By using this site after we post any such changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, you are instructed not to use this site.

User conduct



This Website and any trading service, communications service, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site are provided to you solely for entertainment purposes. By using this Website and Services you acknowledge and agree that you are at least 18 years old, or the equivalent age of a person considered an adult in your state or territory, or have the approval of an adult or guardian, and you agree:

(a) to provide true, accurate, current and complete information about yourself as prompted during the sign up process, and

(b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, FootySX reserves the right to terminate your account and refuse any and all current or future use of the Service.

Without limitation of the foregoing, you agree not to use this Website to:

  • Harm, threaten, embarrass, abuse, harass, defame other FootySX participants in any manner;
  • "Stalk" other participants;
  • Intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to a FootySX official, where you falsely obtain and use a participants login;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are expressly designated for such purpose, provided that even in those areas where advertising and promotional materials may be allowed (if at all), you shall not upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
  • Act in a manner that negatively affects other users' ability to engage in the operation of the Website;
  • Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, registering multiple accounts under the same or different names; or
  • 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.


You acknowledge and agree that FootySX may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) Comply with legal process;

(b) Enforce these Terms and Conditions;

(c) Respond to claims that any content violates the rights of third parties; or

(d) Protect the rights, property, or personal safety of FootySX, its users and the public.

You understand that the technical processing and transmission of the Website, including your content, may involve:

(a) Transmissions over various networks and

(b) Changes to conform and adapt to technical requirements of connecting networks or devices. FootySX assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to FootySX.com.au.

Any or all content on the Website may be purged periodically in FootySX 's sole discretion. You acknowledge and agree that content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any Content created by FootySX or submitted to FootySX. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of FootySX, and FootySX does not support or endorse any content posted by you or any user.

The footy stock exchange



As part of the Services, FootySX provides users with the ability to participate in the Footy Stock Exchange, a virtual game which allows users ("Participants") to buy and sell fictitious novelty interests in certain Australian Rules Football related properties which may include but are not limited to players, clubs and coaches. The interests in the particular properties and the Footy Stock Exchange in general are in no way related to the actual properties themselves and such fictitious interests are not, and should not be considered to be, stocks, bonds, or any other form of equity or debt security of FootySX or any other person or entity. FootySX is no way affiliated with, related to or associated with the AFL and/or AFL clubs and players. FootySX is intended for entertainment purposes only and any actual betting, wagering or gambling based on the information provided on the Website or through FootySX.com.auis strictly prohibited. Participants understand and agree that all interests are based on virtual dollars which are entirely fictitious and have no actual corresponding dollar amount. Certain contests conducted on the Website may offer prizes that only apply to the virtual dollars used and not real currency. All rules for such contests must be read carefully. Any accumulation of virtual dollars to a participants account does not entitle the recipient to receive any real currency, unless otherwise stated.

As part of your participation in FootySX, you will be required to choose a display name and password. You shall notify FootySX of any known or suspected unauthorized use of your display name or password, or any known or suspected breach of security. You shall be responsible for maintaining the confidentiality of your password. You are responsible for all usage or activity on the Website through your password, including use of your FootySX password by any third party. Your account is unique to you and may not be transferred to any other party. You may terminate your account at any time by sending your request to support@footysx.com.au. FootySX may, in its sole discretion, terminate or suspend your access to all or part of the site for any reason, including, without limitation, breach of these Terms and Conditions.

The Footy Stock Exchange is provided free of charge to qualified Users. FootySX reserves the right to determine and modify qualification criteria. Users must complete the on-line sign up form. Acceptance is at FootySX's sole discretion. FootySX may cancel your account at any time for any reason. If these Terms and Conditions or any future changes are unacceptable to you, or cause you to no longer be in compliance with these Terms and Conditions, you may cancel your account by sending your request to support@footysx.com.au.

Restrictions on use of material



The content on this Website is intended for entertainment purposes only. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this Website. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from this Website. To seek our permission, you may email us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Website.

Your privacy is important to FootySX. This privacy statement provides information about the personal information that FootySX collects, and the ways in which FootySX uses that personal information.

Personal information collection



FootySX may collect and use the following kinds of personal information:

  • Information about your use of this Website;
  • Information that you provide for the purpose of registering with the Website;
  • Information about transactions carried out over this Website;
  • Information that you provide for the purpose of subscribing to this Website's services; and
  • Any other information that you send to FootySX.


Using personal information



FootySX may use your personal information to:

  • Administer this Website;
  • Personalise this Website for you;
  • Enable your access to and use of the Website services;
  • Publish information about you on this Website;
  • Send to you products that you purchase;
  • Supply to you services that you purchase;
  • Send you statements and invoices;
  • Collect payments from you; and
  • Send you marketing communications.


Where FootySX discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, FootySX may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Sending your data



FootySX will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

FootySX will store all the personal information you provide on its secure servers.

Information relating to electronic transactions entered into via this Website will be protected by encryption technology.

Cross-border transfers



Information that FootySX collects may be stored and processed in and transferred between any of the countries in which FootySXoperates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on this Website will be published on the Internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement



FootySX may update this privacy policy by posting a new version on this Website.

You should check this page occasionally to ensure you are familiar with any changes.

Other websites



This Website contains links to other websites.

FootySX is not responsible for the privacy policies or practices of any third party.

Contact FootySX



If you have any questions about this privacy policy or FootySXtreatment of your personal information, please send an email to support@footysx.com.au.

No warranties



This Website is provided “as is” without any representations or warranties, express or implied. FootySX makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, FootySX does not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.


Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

Limitations of liability



FootySX will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • To the extent that this Website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.


These limitations of liability apply even if FootySX has been expressly advised of the potential loss.

Exceptions



Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit FootySX liability in respect of any:

  • Death or personal injury caused by FootySX negligence;
  • Fraud or fraudulent misrepresentation on the part of FootySX; or
  • Matter which it would be illegal or unlawful for FootySX to exclude or limit, or to attempt or purport to exclude or limit, its liability.


Reasonableness



By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Website.

Other parties



You accept that FootySX has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FootySXofficers or employees in respect of any losses you suffer in connection with this Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect FootySX officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FootySX.

Unforseeble provisions



If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

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