1.1 Terms and Conditions Binding
The Terms and Conditions and all other obligations and rules detailed in writing on the Site (collectively, the "Terms and Conditions") are by and between Footli.com (each, "the Site," "us," or "we") and everyone who uses the Site (each, "you," "user," or "player"). By using the Site, creating an account, and/or participating in any tournament or service offered on the Site, you accept and agree to be bound by all terms, conditions and notices contained or referenced on the Site, including the most current version of the Terms and Conditions. The Site may modify the Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing the Terms and Conditions periodically for any such modifications.
The Terms and Conditions constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms and Conditions, which will otherwise remain in full force and effect.
1.2 Governing Law and Disputes
The Terms and Conditions will be governed and construed in accordance with the laws of the United Kingdom irrespective of any principles of conflicts of law.
By registering for an account and/or participating in any tournament offered on the Site, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the magistrate courts located in London (United Kingdom), or as otherwise determined by us, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.
1.3 Entire Agreement
The Terms and Conditions constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of the Terms and Conditions and posting such modifications on the Site.
If any portion of the Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
2.1.1 India. To be eligible to register and open an account and/or participate in any tournament offered on the Site, you must: (a) be a natural person at least 16 years of age or older, who is assigned to the e-mail address submitted on your account registration form; (b) be a legal resident of India with a Indian address and currently residing at the address in an eligible location; (c) be physically located within the India. By using or accessing the Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement to abide by all the Terms and Conditions.
2.1.2 Non-India. To be eligible to register and open an account and/or participate in any tournament offered on the Site, you must: (a) be a natural person at least 16 years of age or older, who is assigned to the e-mail address submitted on your account registration form; (b) be physically located in a jurisdiction in which participation in the tournament you select on the Site is unrestricted by law; and (c) at all times abide by the Terms and Conditions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on the Site: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
2.3 Legality and Taxes
You are subject to all laws of the city, state, federal, province and/or country in which you reside and from which you access the Site and are solely responsible for obeying those laws. Access to the Site may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, express or implied, as to the lawfulness of your accessing the Site or participating in any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.
The Site reserves the right (but has no obligation to you) to monitor the location from which you access the Site and to block access from any jurisdiction in which participation or access is illegal or restricted.
The Site may require any participant receiving any prize to provide the Site with proof that he or she is, or was at the time the subject tournament was played, eligible to participate according to the Terms and Conditions. Without limiting any contrary provision of the Terms and Conditions, if the Site monitors your access or participation on the Site, the Site shall not be liable for the effectiveness of such monitoring. By accessing, using, or downloading in any way any materials on the Site, or merely browsing the Site, or creating an account and/or participating in any tournament or service offered by or through the Site, you represent and warrant that you are doing so in compliance with the Terms and Conditions and agree to indemnify and hold harmless the Site for any liability, claims, and damages (including attorneys' fees) arising out of or related to your violation of the Terms and Conditions.
We do not withhold any taxes and you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
2.4 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any casual games offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial in-home use only, provided you keep intact all copyright and other proprietary notices. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Site or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, Site promotion, marketing and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation or other liability or obligation whatsoever to you.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all games and puzzles, are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in the Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its rights (including intellectual property rights) to the fullest extent of the law, including but not limited to, the active pursuit of criminal prosecution and/or civil litigation where appropriate.
2.5 Promotional Activities
By registering for an account, you agree that the Site may display your username and tournament records. By accepting any prize from the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without additional compensation.
If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever.
2.7 Information Required
At registration, you are required to submit the following information: an alias that will be your username, a password and your e-mail address. The Site reserves the right, in its sole discretion, to change and/or suspend/terminate aliases as the Site deems fit.
2.8 Accuracy of Information
You represent and warrant that all information you supply to the Site is complete, accurate and current. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of any prizes or winnings/earnings.
2.10 Recommended System Configuration
The tournaments offered on the Site will function best if your computer system meets the following requirements: See the Technical Support section.
2.11 Chat, Message Board, and eMessage Policy
Rules of Conduct:
· The Site reserves the right to temporarily or permanently ban users who violate these rules of conduct or who in any way abuse the community purpose of the chat areas, as determined by the Site in its sole and absolute discretion.
· The Site reserves the right to remove any post for any reason or no reason.
· You must be at least 16 years old to participate in any part on the Site.
· Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.
· Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by the Site in its sole and absolute discretion, will not be tolerated.
· Site usernames will be displayed as 'Your Name'; impersonating other players is not allowed.
· Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.
· Please limit posting on message boards or the Site to the subject of the Site's games, message board or site content.
· Advertising or promotion of any kind, including without limitation other companies or URLs, is NOT allowed.
· Do not share personal information (your name, phone number, home address, and password) with others on the site.
· No patented, copyrighted or trademarked materials are allowed in messages.
· Information disclosed in the Site chat rooms, message boards, or via eMessages becomes property of the Site and is revealed to the public. The Site is not responsible for any information you choose to disclose to others.
· Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
2.12 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the Site. Additionally, any winnings/earnings (if any) may be voided at the sole discretion of the Site. The Site defines "Spam" as:
· Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
· Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
· Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);
The Site may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:
· Account Suspension: Upon the receipt of a credible and validated complaint, the Site may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a "Final" warning and will prevent the abuser from continuing their abusive "Spamming" behavior. The Site will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion, and may void any associated winnings/earnings. The Site reserves the right to lift the suspension of a user at any time, at its sole discretion.
· Account Termination: Upon the receipt of a credible and validated complaint, the Site may immediately terminate the membership of the individual user implicated in the abuse and may void any associated winnings/earnings.
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to:firstname.lastname@example.org Please refer responsibly!
2.13 Limitations on Participation
You may establish only one account per person, and only up to two accounts per computer or IP or physical address, to participate in the activities offered on the Site. The Site reserves the right to monitor all activities on the Site, including without limitation, any effort to establish multiple accounts; in the event the Site discovers that you have opened more than one account per person or more than two accounts per computer or address, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts and Footli.com may void any associated winnings/earnings. The Site also reserves the right to deny access to anyone, including, but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas.
The Site may also impose limitations on the net pound amount you may redeem on the Site in any calendar month. The Site reserves the right to change these pound amount limitations at any time in the Site's sole and absolute discretion. The Site reserves the right to set expiration dates or other limits on all Footli points awarded. The Site reserves the right to expire the Footli points balance of any dormant account. Footli Points is defined as any points deposited by Footli into an account, including, but not limited to, promotional points, entry points, referral points, prize points, and gift points. A dormant account shall be defined as any account that has been inactive for greater than one-hundred eighty (180) days.
2.14 Fraud and Abuse
The Site strictly prohibits user fraud and abuse relating to the access and use of the Site. In accessing the Site or participating in any activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate and not in violation of any applicable laws, regulations and the Terms and Conditions and (b) you will not circumvent or attempt to circumvent any provision of the Terms and Conditions or engage in any activity that interrupts or attempts to interrupt the operation of the Site. Anyone who engages in, participates in, or displays behavior that may be interpreted, in the Site's sole and absolute discretion, as the use of unfair methods on the Site, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of poker software or programs), intentionally poor play in certain games in order to achieve a broader competitive advantage, collusion with other players, the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of the Terms and Conditions, any breach of the security of your account or the Site, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), you shall be subject to immediate sanction (as determined by the Site in its sole and absolute discretion), including without limitation: (1) immediate termination of your account and blocking of Site access; (2) any prizes, winnings, earnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; (3) any prizes, winnings, earnings and representative of value already received by you shall be subject to disgorgement and/or recoupment by the Site; and (4) in the case of money laundering, disclosure to the POLICING AUTHORITIES in accordance with the terms of certain recently passed. Without in any way limiting any provision of the Terms and Conditions, the Site expressly reserves the right to institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including the right to recover fees and expenses (including attorneys' fees) and the right report you and such abuse to any and all relevant regulatory authorities or governmental agencies.
2.15 Redeeming Requests
Users may request redeeming of points for gifts and cash as shown on the website and agreed in the terms. Processing of requested redemption may take up to THIRTY (30) business days; provided, however, the Site reserves the right to freeze a user's account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse by a user requesting redemption of points. All redemption of points shall be subject to the Site's remedies and sanctions set forth in Section 2.14.
If a player's account is closed by the Site for a violation of the Terms and Conditions, that player's winnings/points may be voided and not returned to that player. In such an event, the Site, in its sole discretion, may use these winnings/points to defray the costs of administration and enforcement of the Terms and Conditions.
3.1 Footli Points/Reward Points (Play and Earn Program)
Points awarded for playing games on the site, referring friends, and daily visits can be claimed for cash and gifts as mentioned on the site. The site reserves the right to modify the Redemption Partner Reward levels at any time during the Program.
3.2 Overview of the Footli Points (Play and Earn Program)
The Footli.com Points Program also known as the Play and Earn Program (the "Program") is a loyalty program sponsored by the Site, through which individuals can earn Footli points ("Reward Points") when individuals perform various tasks.
The Program is void where prohibited by law. Only individuals sixteen (16) years and older may participate. The Program is open only to legal residents of India.
The following persons are ineligible to participate in the Program or receive a prize offered through the Program: employees, officers, and directors (and their immediate family members) of the Site, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.
Participation in the Program signifies the participant's full and unconditional agreement to the Terms and Conditions.
3.4 Duration of Program
Footli.com reserves the right to shorten, extend, modify, or cancel the Program, at its discretion, at any time.
3.5 Enrolling in the Program
Individuals may enroll in the Program at http://www.Footli.com .com (the "Website"). Each account, will indicate the number of Reward Points earned and not redeemed for that account ("Account").
3.6 Earning Footli Points (Reward Points)
In order to earn Reward Points you must be in good standing and you must enroll in the Program. Reward Points may be earned for a number of activities. These activities may include, but are not limited to: registering on the Site, completing your game, referring a friend, entering tournaments, making deposits, playing a certain number of games in one (1) week, and/or participating in special events. For a full description of current Rewards Points opportunities please refer to the Reward Points award schedule found in the Frequently Asked Questions section of the Site.
Footli.com reserves the right to modify the Reward Points award schedule and/or change, add, or remove the methods by which Players can earn Reward Points at any time, in any manner, and without notice in its sole and absolute discretion.
Each individual is responsible for the payment of all local, state and federal taxes, which may result from their participation in the Program.
Footli.com reserves the right to validate any potential Reward Points and it will be subject to verification by a judging organization whose decisions on the outcome are in its sole discretion and are final and binding. Reward Points will not be awarded until after the verification process is complete. Validation and potential Reward Points are subject to verification and are void if (a) not obtained in accordance with the Terms and Conditions and through legitimate channels or (b) any part is counterfeit, altered, defective, tampered with or irregular in anyway. The corresponding number of Reward Points will generally appear in the appropriate player's account within five (5) business days after completion of the validation process, however, Footli.com reserves the right in its sole discretion to award Reward Points later than five (5) business days in its sole and absolute discretion.
Each player is responsible for ensuring the accuracy of his/her Account. Players are encouraged to check their Accounts to ensure that the correct number of Reward Points has been accrued.
If a Player believes that Reward Points were not properly accrued to his/her Account, the Player must notify Footli.com .
Footli.com’s decisions regarding the awarding of Reward Points are final and binding. Actions by enrollees that are determined to be invalid or improperly obtained for any reason are subject to disqualification and the corresponding Reward Points will be removed from the Player's Account to which the invalid Validated Purchases were credited.
Footli.com may terminate the Program at any time for any reason or for no reason in its sole and absolute discretion.
3.7 Expiration of Reward Points
Footli.com reserves the right to void all Reward Points for any Account that has been inactive for six (6) consecutive months. An inactive Account is any account in which the player has not logged in or played any games (money or free) in six consecutive months.
3.8 Redeeming Reward Points
Cash Players may only redeem points if they are a enrolled in the Program. Eligible players residing in India may redeem their Reward Points for cash and gifts available on the website.
3.9 Modifications and Termination of the Program
Footli.com reserves the right to modify any of the Terms and Conditions set forth herein, including, but not limited to, the Partners in the Program, the duration of the Redemption Period, the amount of Reward Points associated with each action of the Footli.com Enrollee, the actions through which Program participants may earn Reward Points, the number of Reward Points that may be redeemed through the Program, and any of the options made available to Participants with respect to their Accounts at any time, with or without notice, even though these changes may affect a participant's ability to accrue or use his/her Reward Points.
Footli.com reserves the right to terminate the Program at any time, for any reason, with or without notice, even though termination may affect a participant's ability to accrue or use his/her Reward Points. Eligible participants will have thirty (30) days from date Program termination is announced to redeem their Reward Points.
Continued participation in the Program constitutes the participant's acceptance of any changes to the Terms and Conditions. Participants are responsible for remaining knowledgeable as to any changes that Footli.com may make to the Terms and Conditions. The most current version of the Terms and Conditions will be available at http://www.Footli.com and will supersede all previous versions of the Terms and Conditions.
6.8 General Terms and Conditions
Footli.com reserves the right to discontinue the privileges of any participant who engages in any fraudulent activity or Abuse or uses the Program in a manner inconsistent with the Terms and Conditions or any federal, state, local, laws or regulations. Discontinued participation privileges may result in the loss of all accumulated Reward Points and benefits. In addition to discontinuance of participation privileges, Footli.com shall have the right to take or seek appropriate administrative and/or legal action, including civil litigation and/or criminal prosecution, as it deems necessary in its sole discretion.
The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Reward Points for combined use.
Reward Points do not constitute property of a participant and may be revoked by Footli.com at any time as set forth herein. Reward Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Footli.com is not responsible for any incorrect or inaccurate information supplied by participant of the Program.
All questions or disputes regarding eligibility for the Program, earning or redemption of Reward Points, or a participant's compliance with the Terms and Conditions will be resolved by Footli.com in its sole discretion.
6.9 Limitation of Liability
By participating in the Program or any game, the participants acknowledge that technical processing and transmission of the Website may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Footli.com is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Site, a game, the Program or utilized by the participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FOOTLI.COM OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PROMOTION AGENCIES, AGENTS, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR ANY GAME OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF FOOTLI.COM IMPROPERLY DENIES A PARTICIPANY ANY REWARD POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARD POINTS. BY PARTICIPATING IN THE PROGRAM OR A GAME, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. None of Footli.com , its officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, or service providers, are responsible for any products or services offered on the Partner websites. TO THE FULLEST EXTENT ALLOWABLE BY LAW, FOOTLI.COM AND ITS PROMOTION AGENCIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED ON ANY PARTNER WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
As a condition of participating in this Program or a game, participants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program or such cash game, or any rewards obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the UK legislations (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will a participant be permitted to seek recovery for, and participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages and waives any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of participant and Footli.com in connection with the Program or a game, shall be governed by, and construed in accordance with, the laws of the United Kingdom.