ПОЛЬЗОВАТЕЛЬСКОЕ СОГЛАШЕНИЕ EPLMANAGER

(Last updated: 28 Jan 2016)

1. IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF EPL MANAGER FANTASY FOOTBALL

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING WWW.EPLMANAGER.COM, EPL MANAGER IOS MOBILE APPLICATION, EPL MANAGER ANDROID APPLICATION AND OTHER RELATED APPLICATIONS, AS THEY STIPULATE YOUR RIGHTS AND OBLIGATIONS.

2. USER AGREEMENT

EPL MANAGER Fantasy Football, www.eplmanager.com, EPL MANAGER iOS Mobile Application, EPL MANAGER Android Mobile Application, and other related websites, applications and software (together the "Game") are owned and operated by Heng Saab Co., Ltd., a company registered under the laws of the Kingdom of Cambodia with its registered address at #144, Street 169, Sangkat Veal Vong, Khan 7 Makara, Phnom Penh, Cambodia (the "Company", "We" or "Us" as applicable). We are pleased to offer you access to the Game and the ability to participate in our fantasy football game of skill, products, services, and promotions that the Game may offer and provide, subject to these Terms of Use, our Privacy and Cookie Policy (the "Privacy Policy") and the official rules and regulations of the Game (the "Game Rules", and together with these Terms of Use and the Privacy Policy, the "Agreements").

3. CONSIDERATION

3.1 You agree to these Terms of Use by accessing and using the Game. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE GAME OR ANY OF ITS COMPONENTS, BECAUSE BY USING THE GAME YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THESE TERMS OF USE. These Terms of Use constitute a legally binding agreement between you and the Company, and shall apply to your use of the Game even after termination.

3.2 Please note that these Terms of Use, and each of the Agreements, may be revised and reissued without notice at any time by updating this posting and you agree that no liability shall attach to the Company and that you have no right to claim any compensation as a result thereof. You should visit this page regularly to review the current Terms of Use. Your continuous use of the Game will be deemed as irrevocable acceptance of any revisions. Any such revisions may include extending these Terms of Use to include other terms and conditions as may be decided by the Company at its sole discretion.

3.3 Please note that these Terms of Use shall prevail in the event of any conflict between these Terms of Use and any other document referred to in these Terms of Use.

3.4 If these Terms of Use or any of the Agreements are translated into or exhibited in another language, the English language version shall prevail in the event of any conflict between the translation and the English language version.

4. ELIGIBILITY

4.1You must be at least of the minimum age applicable in your jurisdiction/country/territory to play the Game and enter into the Agreements. By using the Game, you warrant and We assume that you have legal capacity to enter into the Agreements; that you have mental capacity to enter into the Agreements; that you are of the minimum legal age applicable in your jurisdiction/country/territory permitted to play the Game and enter into the Agreements (the "Minimum Legal Age").

4.2You may establish only one account/team for each mobile phone number. While registering your account/team, you shall only use mobile phone numbers legally registered into your name with your mobile operator. You are responsible for maintaining the confidentiality of your login details and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in the Game. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. The Company will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration and/or profile information from you, you must provide us with accurate and complete information and must update the information when it changes.

4.3"Authorized User" is defined as the natural person of at least the Minimum Legal Age who is the registered user of the mobile phone number used by that person to register an account/team with the Game. By inputting and/or using a payment method to purchase any Virtual Item (as further defined in these Terms of Use)/ Edges (as defined in the Game Rules) in the Game, the Authorized User hereby affirms that the Authorized User is the lawful owner of the payment method account used to purchase Virtual Items and/or Edges in the Game. It shall be a violation of these Terms of Use for any Authorized User to submit payment using any payment method that is not owned by the Authorized User.

5. VIRTUAL GOODS

5.1When using the Game, you may choose to purchase with "real world" money a license to use (i) virtual currency, including but not limited to virtual coins, tokens, or points, all for use in the Game; or (ii) virtual in-game items (together with virtual currency, the "Virtual Items").

5.2Virtual Items have no real world monetary value and do not constitute real world currency or property of any type.

5.3Any purchase you make in order to acquire a license to use Virtual Items are non-refundable. You can purchase Virtual Items by visiting certain parts of the Game, confirming your payment details and the particulars of your purchase. You may also be granted a license for Virtual Items if so offered and granted by the Game. Virtual Items which are licensed to you in this way are treated the same as Virtual Items which you purchase a license for.

5.4You understand that while at times you may "earn", "get", "receive", "buy" or "purchase" Virtual Items, these words are only used for descriptive purpose only. You do not in fact "own" the Virtual Items and the "value" of the Virtual Items does not refer to or imply any credit balance or real currency or its equivalent. Rather, you may purchase a limited license to use the Virtual Items, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Use is a completed and final transaction upon receipt of your payment, subject to any relevant policies or terms.

5.5Virtual Items are non-refundable and non-exchangeable once ordered by you (whether or not you use them), which you acknowledge hereby. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry and/or making a payment, the entry and/or the payment will be deemed to have been submitted by the person in whose name the account/team is registered.

5.6Virtual Items may never be redeemed for "real money", goods or other items of monetary value from the Game or any third party. The Company may limit or block your attempt to purchase Virtual Items at any time in its complete discretion.

5.7The Company does not make any promises or warrants regarding how or when Virtual Items may be available, and the Company may update or change Virtual Items at any time.

5.8All Virtual Items will be forfeited if your license is revoked or suspended or your account is terminated or suspended for any reason, at the Company’s sole discretion.

5.9Notwithstanding the above, Virtual Items expire on such dates and/or within or at the end of such periods of time as may be detailed in the Game Rules.

6. CONDITIONS OF PARTICIPATION AND YOUR USE OF THE GAME

6.1By entering and using the Game, you agree to be bound by the Agreements, including these Terms of Use, the Game Rules, and the Privacy Policy and the decision of the Company, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify you, and any user, refuse to award prizes, if you, or any user, engaged, in the opinion of the Company, in conduct that is contrary to the fair treatments of other users of the Game.

6.2The Company reserves the right to suspend, modify, remove and/or add any feature of the Game in the Company’s sole discretion with immediate effect and without notice and the Company shall not be liable for any such action.

6.3We forbid the posting of any third party content which is not explicitly authorized by the Company to be posted in the Game.

6.4The Game may invite you to chat, share or participate in blogs, message boards, online forums, social networks and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to or via the Game, including without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material. Any such material you transmit to or via the Game will be treated as non-confidential and non-proprietary.

6.5In your use of the Game, you agree not to:
- Reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual without their consent;
- Mislead others as to the origins of your communications;
- Attempt to impersonate any other party;
- Use any profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- Use content or create postings which defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
- Use content which promotes violence or describes how to perform a violent act;
- Represent any other activity deemed by the Company to be in conflict with the spirit or intent of the Game;
- Engage in any commercial activities, including without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, application, Ponzi scheme or other multi-tiered marketing scheme;
- Copy or adapt the Game’s software including but not limited to Flash, PHP, HTML, JavaScript and any other code;
- Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Game creates to generate web pages or any software or other products or processes accessible through the Game;
- Create adaptations of the Game or derivate works based on the Game;
- Cover or obscure any notice, banner or advertisement on the Game; or
- Act in any other way that the Company may, in its sole and absolute discretion, consider as harmful to the Game or other users.

6.6The Company is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays; technical malfunctions; failure, including public utilities or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software; inability to access the Game; theft, tampering, destruction, or unauthorized access to, or alteration of entries and/or images of any kind; data that are processed late or incorrectly or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.

6.7ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE GAME, OR ANY PART OF IT, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

7. LEAGUES AND PROMOTIONS

7.1By entering into Leagues (as defined in the Game Rules) or accepting any prizes, you and other users, including but not limited to the winner(s), agree to indemnify, release and hold harmless the Company, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of the Company (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Game, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. The Company may, in its sole and absolute discretion, require an Authorized User to execute a separate release of claims similar to the one listed in this Paragraph as a condition of being awarded any prize.

7.2To be eligible to enter any League or receive any prize, the Authorized User may be required to provide the Company with additional documentation and/or information to verify the identity of the Authorized User, and the Company, in its sole discretion, may utilize certain information collected by it to assist in verifying the identity and/or eligibility of such Authorized User.

7.3Participation in each League must be in strict accordance with these Terms of Use and the Game Rules. Failure to comply with these Terms of Use will result in disqualification and, if applicable, prize forfeiture.

7.4Prizes will be awarded only if so announced by the Game and only to an Authorized User who (i) adhered to these Terms of Use; (ii) entered a respective League; and (iii) qualified to win the prize in accordance with such announcements by the Game and the Game Rules.

7.5The Game and the Company reserve the right to cancel any League at any time. In the event of a cancellation, no refunds will be made for any Virtual Item/Edge purchased.

8. GAME OF SKILL

The Game itself and the features offered by the Game constitute a game of skill. The Game may not be used for any form of illicit gambling.

9. STATISTICS AND LIVE SCORES

To the extent that the Game offers "live statistics" during gameplay, all "live" statistics and other information provided through the Game are unofficial. Live sports statistics and their respective components are supplied by third parties not affiliated with the Game or the Company, and are offered for information and/or entertainment purposes only. While the Company and the third parties used to provide such live sports statistics use their reasonable efforts to provide accurate and up-to-date information, neither the Game nor its third party providers warrant or make any representation of any kind with respect to the information provided through the Game. The Company and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Game, and shall not be responsible or liable for any errors or omissions in that information.

10. PLAYER, TEAM, LEAGUE AND OTHER RESULTS

Once players’, teams’, Leagues’ and/or other results and rankings are calculated and assigned, such results and rankings will not be changed regardless of any official statistics or scoring adjustments made by any sports legal bodies or official leagues at later times and dates, except in the Company’s sole and absolute discretion.

11. PATCHES, UPDATES AND CHANGES

From time to time, the Company may need to deploy or provide patches, updates, additional content or other modifications to the Service. You hereby grant the Company to deploy and apply such patches, updates or other modifications to the Game automatically. From time to time, the Company may also in its absolute discretion remove or suspend access to particular feature(s), content or other parts of the Game.

12. TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedy, the Company may, without prior notice, immediately revoke and/or suspend any or all your rights granted hereunder. In such event, you will immediately cease all access to and use of the Game. The Company may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Game. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

13. DISCLAIMER OF WARRANTIES

THE GAME, INCLUDING WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE GAME, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, ABOUT: (I) THE GAME; (I) THE CONTENT AND SOFTWARE ON OR PROVIDED THROUGH THE GAME; (III) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE GAME; (IV) THE MESSAGES AND INFORMATION SENT FROM THE GAME BY USERS; (V) ANY PRODUCTS OR SERVICES OFFERED VIA THE GAME OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (VI) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE GAME OR ANY LINKED SITE OR APPLICATION. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR EFFORT-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES, OR MOBILE APPLICATIONS, OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE GAME IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE GAME, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE GAME OR ITS CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
DEPENDING ON YOUR LOCATIONS AND JURISDICTION, THE GAME OR CERTAIN FEATURES OF THE GAME MAY BE MADE UNAVAILABLE TO YOU.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE GAME, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF USE.

14. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE GAME AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (I) THE GAME, THE CONTENT, OR YOUR DOWNLOAD OR UPLOAD OF INFORMATION; (II) THE USE OF, OR INABILITY TO USE, OR PERFORMANCE OF THE GAME; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATIN BY THE COMPANY OR LAW INFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE GAME OR CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (V) ANY ERRORS OR OMISSIONS IN THE GAME’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT. IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER AND MOBILE PHONE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION.
YOUR USE OF THE GAME IS AT YOUR OWN RISK. YOU ARE DISSATISFIED WITH THE GAME OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE GAME OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

15. INTELLECTUAL PROPERTY RIGHTS

15.1You acknowledge and accept that all trademarks, commercial names and logos, and all industrial and intellectual property rights, relating to the Game, the content and/or any other element included in the Game, are the exclusive property of the Company and/or third parties, who have the exclusive right to use them commercially. Under no circumstances shall the use of and access to the Game imply any kind of waiver, transfer, license or assignment of said rights, in whole or in part, except where expressly stated to the contrary. These Terms of Use confer on you no right to use, alter, exploit, reproduce, distribute or publicly display the Game and/or its contents in any way other than expressly allowed by the Game and the Company. Any other use or exploitation of any rights shall be subject to the prior and express written authorization specifically granted for that purpose by the Company or the third party who holds the rights concerned.

15.2Unless otherwise specified in writing, all materials that are part of the Game are owned, controlled, or licensed by the Company and are protected by law from unauthorized use. Upon the acceptance of these Terms of Use you acknowledge our exclusive intellectual property of the Game as well as the systems regulated by the Company.

15.3You do not acquire any ownership rights by using the Game, downloading material from or uploading material and information to the Game, or buy purchasing any Virtual Items/Edges.

15.4You agree not to copy, redistribute, publish or otherwise exploit material from the Game, except as expressly permitted herein, without the Company’s prior written permission.

15.5ALL TRADEMARKS CONTAINED IN THE GAME ARE TRADEMARKS OR REGISTERED TRADEMARKS OF THE COMPANY. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARKS, TRADE NAMES, PRODUCT NAMES, LOGOS, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS IN THE GAME.

16. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Kingdom of Cambodia. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the Kingdom of Cambodia for settlement of any disputes or matters arising out of or concerning these Terms of Use.

17. MISCELLANEOUS

17.1If any Part of these Terms of Use is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of these Terms of Use, which shall remain valid and enforceable according to their terms.

17.2Nothing in these Terms of Use shall create or confirm any rights or benefits in favor of any third parties except as specifically provided herein. By participating, using and accessing the Game, you agree to indemnify, protect, defend and hold harmless the Company, its parents, subsidiaries and affiliates, and their respective directors, officers, employees, agents and representatives, from and against any third party claims, liabilities, losses, damages, injuries, demands, actions, causes of actions, suits, proceedings, judgments and expenses, including reasonable attorneys’ fees, court costs and other legal expenses arising from or connected with your use of the Game, any payment method used, and/or your participation in any League. The Game may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and is not able to censor or edit the content of any third-party site. By using the Game, you expressly relieve the Company from any liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Game and to read the terms and conditions and privacy policy of each of other websites or applications that you visit or access.

17.3Nothing in these Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, or joint venture between you and the Company.

17.4No professional or amateur league or any team associated with any professional or amateur sports league is associated with the Company or the Game.

17.5No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

17.6The Company reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Game after we change these Terms of Use, you accept all changes. The failure of the Company to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, actions of government authorities outside the control of the Company or other force majeure event shall not be considered a breach of these Terms of Use.