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| Terms and Conditions |
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. Futbolsa.com (the " Site")
is provided by Parasoul LLC, a California limited liability company, ("Parasoul") and/or its affiliates and
subsidiaries for your and others' personal, non-commercial entertainment purposes, subject to the following binding
legal terms and conditions of use and all modifications thereto, and any additional rules that may be published
from time to time by Parasoul on the Site (the "Terms and Conditions"). BY VISITING OR USING THE SITE, YOU ARE
DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS AND ITS ACCOMPANYING PRIVACY POLICY, WHICH IS INCORPORATED
HEREIN BY REFERENCE. Parasoul may change the Terms and Conditions from time to time and at any time, and
without notice to you. All such changes to the Terms and Conditions will appear on the Site. By using the Site
after Parasoul posts any such changes, you agree to accept those changes, whether or not you have reviewed them.
IF AT ANY TIME YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO VISIT THE SITE OR
USE THE SITE FOR ANY PURPOSE. PARASOUL RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE FOR
ANY REASON WITHOUT PROVIDING YOU WITH ANY NOTICE.
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USER CONDUCT
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The Site and any trading service, communications service, message board, or other interactive service that may be
available to you on or through the Site (the "Services") are provided to you solely for your personal, non-commercial
entertainment purposes. By using the Site and Services you acknowledge and agree that you are at least 13 years old
and you agree: (a) to provide true, accurate, current and complete information about yourself upon registering with
Parasoul on the Site, and (b) to maintain and update such registered information to keep it true, accurate, current
and complete Without limiting the foregoing, you agree to not use the Site or Services to:
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
- Collect or store personal information about any other individual on the Site or otherwise stalk, repeatedly contact or otherwise harass another user;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates 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 a Parasoul official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; similarly, you will not adopt a false identity if the purpose of doing so is deceive or defraud another;
- Forge headers or otherwise manipulate identifiers in order to disguise your identity or the origin of any Content transmitted through the Site;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 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 unauthorized advertising, promotional materials, "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, hardware or telecommunications equipment of a Parasoul or any other third party or engage in any other similarly destructive activity;
- Act in a manner that negatively affects other users' ability to participate in the Site or Services;
- Harvest, collect or store information about the users of the Site (including screen names and/or email addresses) or the Content posted by others on the Site or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including actually or attempting to manipulate, corrupt or otherwise affect the Site or the outcome of the Services, in whole or part, by, among other methods, registering multiple accounts under the same or different names;
- Interfere with or disrupt the Site, Services or servers or networks associated with the Site or Services, or disobey any requirements, procedures, policies or regulations of networks associated with the Site or Services; or
- Intentionally or unintentionally violate any applicable local, state, national or international law, including regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including The New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
You acknowledge that Parasoul does not pre-screen, monitor, review or edit the Content posted by users. However,
Parasoul and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any
Content, in whole or part, that, in Parasoul's sole discretion, does not comply with these Terms and Conditions,
violates applicable law or is otherwise undesirable, inappropriate or inaccurate. Parasoul is not responsible for any
failure, non-failure or delay in removing such Content.
You acknowledge and agree that Parasoul 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
applicable law or cooperate with law enforcement authorities; (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 Parasoul, its users and the public.
You understand that the technical processing and transmission of the Site, including the processing and transmission
of your Content, may involve (a) transmissions over various, unsecured networks and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Parasoul assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Site.
Any or all Content on the Site, including Content you post, may be purged periodically in Parasoul's sole discretion. You acknowledge and agree that Content you view 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 Parasoul or submitted by a third party to Parasoul. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Parasoul, and Parasoul does not support or endorse any Content posted by you or any other third party. You further acknowledge and agree that posting Content is at your own discretion and risk. Parasoul disclaims any liability relating to your posted Content, including any third party infringement of the intellectual property rights you may hold in such Content.
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FUTBOLSA
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As part of the Services, Parasoul provides users with the ability to participate in Futbolsa, a virtual game, which allows users to buy and sell fictitious interests in certain soccer related "properties" (i.e., soccer players) (the "Interests"). The Interests are in no way related to the actual properties themselves and such Interests are not, and should not be considered to be, stocks, bonds, or any other form of equity or debt security of Parasoul or any other person or entity. Accordingly, Parasoul has not, and is not obligated to, register such Interests under any state or federal securities laws. Futbolsa is intended for personal, non-commercial entertainment purposes only and any actual betting, wagering or gambling based on the information provided on the Site or through Futbolsa is strictly prohibited. Users understand and agree that all Interests are based on virtual points, also known as "GOLS" which are entirely fictitious and have no actual corresponding dollar amount. Any accumulation of GOLS relates solely to a user's account and participants are not entitled to receive any real currency, unless otherwise determined by Parasoul in its sole discretion. Certain contests conducted on the Site may offer prizes that only apply to GOLS and not real currency. You must read all official rules for such contests carefully; certain users of the Site are not eligible to participate in certain contests sponsored on the Site.
As part of your participation in Futbolsa, you will be required to choose a username and password. You will notify Parasoul of any known or suspected unauthorized use of your username or password, or any known or suspected breach of security. You will be responsible for maintaining the confidentiality of your password. You are responsible for all usage or activity on the Site through your password, including use of your Site password by any third party (whether such third party's use was authorized by you or not). 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 info@futbolsa.com. Parasoul may, in its sole discretion, terminate or suspend your access to all or part of the site for any reason, including breach of these Terms and Conditions.
Futbolsa is provided free of charge to qualified users. Parasoul reserves the right to determine and modify qualification criteria. Users must complete the on-line registration form. Acceptance of such form is at Parasoul's sole discretion. Parasoul may suspend or terminate 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 email to info@futbolsa.com.
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RESTRICTIONS ON USE OF MATERIAL
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The content on the Site is intended for personal, non-commercial entertainment purposes only. Except as expressly permitted in writing, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from Parasoul -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Site. To seek Parasoul's written permission, you may request such permission from Parasoul at its address provided below. If permission is granted in writing by Parasoul 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 Site.
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UNSOLICITED MATERIALS
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In operating the Site, Parasoul does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or in any other way. Any information or material you submit or send to Parasoul will be deemed not to be confidential or secret. By submitting or sending information or other material to Parasoul (whether solicited or unsolicited), you represent and warrant that the information is original to you and that no other party has any rights to the material.
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USER'S GRANT OF LIMITED LICENSE
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By submitting or sending information or other material to Parasoul on the Site or otherwise you grant Parasoul a royalty-free, unrestricted, world wide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Content you post on the Site (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You also warrant that any "moral rights" in posted materials have been waived.
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LINKED SITES
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You may be able to link to third parties' web sites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Parasoul in any way and Parasoul is not responsible for the services, content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Parasoul's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event will Parasoul be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Parasoul reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES. Other web sites may link to the Site through a plain-text link without Parasoul's prior written consent. For any other type of link to the Site, Parasoul must grant written permission. To seek Parasoul's written permission, you may request such permission from Parasoul at the address provided below. Parasoul reserves the right in its sole discretion to rescind any permission it grants to link to the Site, and to require termination of any such link to the Site, at any time.
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INTELLECTUAL PROPERTY RIGHTS
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As between Parasoul and you, Parasoul is the sole owner of all content on the Site, including all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site or any portion thereof (including any marks, logos or other legends), for any purpose. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
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PARENTAL PERMISSION
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The Site is not intended to be a children's site; thus, it is not targeted or directed at children. Parasoul's policy with respect to children is set forth in its privacy policy. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
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PRIVACY POLICY
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Parasoul is committed to protecting your privacy and security and has explained in detail the steps it takes to do so. Parasoul urges you to read its Privacy Policy.
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DISCLOSURE OF YOUR IDENTITY
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From time to time Parasoul may receive requests to disclose the identities of certain of its users. As set forth in its privacy policy, Parasoul does not disclose the identities of its users unless it is legally required to do so. If a governmental agency (for example, the Securities and Exchange Commission, law enforcement agencies, U.S. Attorneys' offices or similar governmental agencies) sends Parasoul a subpoena, Parasoul will comply with it. If Parasoul receives a subpoena by a third party that is not a governmental agency (for example, a subpoena in connection with civil litigation), Parasoul will contact the user whose identity has been requested. Parasoul will wait 10 days after notifying the user before complying with the subpoena, unless the subpoena requires Parasoul to disclose this information before then. If Parasoul cannot wait 10 days because of the deadline in the subpoena, Parasoul will let the user know the deadline included in the subpoena when it provides notice that it received the subpoena.
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DISCLAIMER OF WARRANTIES
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YOU UNDERSTAND THAT VISITING AND/OR USING THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ARE SUBJECT TO CHANGE, SUSPENSION OR TERMINATION BY PARASOUL FOR ANY REASON AT ANY TIME. WITHOUT LIMITING THE FOREGOING, PARASOUL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING: (a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; AND (b) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING AS A RESULT OF (i) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (ii) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. PARASOUL DOES NOT WARRANT OR GUARANTEE (a) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (b) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
PARASOUL EXPRESSLY DISCLAIMS ANY ENDORSEMENT, RECOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPIRES, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY THIRD PARTY, INCLUDING ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS, USERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.
PARASOUL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE. YOU (AND NOT PARASOUL OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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LIMITATION OF LIABILITY
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IN NO EVENT WILL PARASOUL, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY (a) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE (INCLUDING (i) DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (iii) UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS), EVEN IF PARASOUL OR ITS AGENTS WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (b) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PARASOUL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
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INDEMNIFICATION
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By agreeing to use the Site, you agree to defend, indemnify and hold Parasoul, its affiliates, subsidiaries, employees, contractors, advisors, officers, directors, successors and assigns harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you.
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COPYRIGHTS AND COPYRIGHT AGENT
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Parasoul respects the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your username, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent
Parasoul
3625 5th Avenue
San Diego, CA 92103
Attn: Legal Affairs
info@futbolsa.com
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APPLICABLE LAWS / JURISDICTION
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You agree that the laws of the State of California, without regard to its conflicts-of-law rules, will govern these Terms and Conditions. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Site or relating in any way to your use of the Site resides in the courts of the State of California, and you hereby agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute, including any claim involving Parasoul or its affiliates, subsidiaries, employees, contractors, advisors, officers, directors, telecommunication providers, content providers, successors or assigns.
Parasoul controls and operates the Site from its offices in the United States of America. Parasoul does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so at their own risk on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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MISCELLANEOUS
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These Terms and Conditions, as amended from time to time, set forth the entire understanding between you and Parasoul and supersede any and all prior or contemporaneous agreements or understandings between you and Parasoul, whether oral or written, as to the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions or the application thereof to any person or circumstances will to any extent be held to be invalid or unenforceable, the remainder of these Terms and Conditions, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, will not be affected thereby, and each provision will be valid and be enforced to the fullest extent permitted by law. No waiver of these Terms and Conditions will be valid, except in the event that the waiver is in writing and signed by an authorized officer of Parasoul. If the performance by Parasoul of these Terms and Conditions or any obligation hereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of Parasoul, you will excuse, without further action or notice, Parasoul's non-performance to the extent of such prevention, restriction or interference. With respect to the interpretation of these Terms and Conditions, (a) each defined term found herein has the meaning assigned to it, (b) "or" is not exclusive, (c) words in the singular include the plural, and words in the plural include the singular, (d) "herein," "hereof" and other words of similar import refer to these Terms and Conditions as a whole and not to any particular paragraph, clause, or other subdivision, and (e) "including" and "includes," when following any general provision, sentence, clause, statement, term or matter, will be deemed to be followed by "but not limited to," and "but is not limited to," respectively.
Any inquiries concerning these terms and conditions of use should be directed to info@futbolsa.com.
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