All references to the Manager are to the Manager in its capacity as the Manager as that term is defined in the Managing Agreement (defined below) and to the Manager in its own capacity as the proprietor of the website and all things related to Project Franchise.
All references to Members shall refer both to an individual in his or her capacity as a member of the website ProjectFranchise.Org and to an individual in his or her own capacity, but (save where the context otherwise requires and save where otherwise expressly provided in these Terms and Conditions) shall only refer to the period during which he or she remains a member of the Organization (as that term is defined below).
Section A – Payments received
On payment of the annual membership fee in the amount specified in the rules (the "Rules") of Project Franchise (the "Organization") via the website at web address ProjectFranchise.org (the "Website"):
Save as otherwise provided in these Terms of Service, the payer becomes a member of the website from the date of payment to a date which is twelve months from the initial payment. This period may be tolled until a professional sports club is acuired or Project Franchise has taken substantial steps toward acquiring a team, such as untertaking negotiations with a sports team or league, thus enlisting member participation.
To the extent that a professional athletic club or entity has not yet been purchased or started by the Organization by the date (the "Termination Date") which is 60 months after the date that Project Franchise (the "Manager") first receives a payment from any member of the Organization (a "Member"), the Manager will post a vote which will determine what charities will receive the money collected after administration and operating costs. The remainder of the money will be donated to charities chosen by the remaining members.
Section B – Terms relating to all payments
Each payer represents and warrants to the Organization and to the Manager on the date of payment and on each date that he or she remains a Member that he or she:(i) is making or has made the payment from his or her own freely available funds (ii) has read and understood the terms of the Rules, the Operating Agreement and these Terms and Conditions. The Organization and/or the Manager on behalf of Project Franchise and the sports club or professional sports franchise may cancel the membership of the payer if these representations and warranties are breached, but shall not be liable to refund the Initial Payment or any part thereof.
Membership may otherwise only be cancelled subject to and in accordance with the Rules. Any cancellation of membership (whether by or at the request of the Member, Project Franchise, the Sports Club or the Manager in accordance with these Terms and Conditions or the Operating Agreement) shall not entitle the Member to a refund of the whole or any part of any payment it has made. Each payer of a membership fee acknowledges and agrees that the payments are being used to fund the acquisition and management professional sports club and associated costs and that no part of the said payment can therefore be refunded or repaid to the payer by Project Franchise, the Sports Club or by the Manager (save where a Professional Sports Organization is not purchased, in accordance with the terms of Section A of these Terms and Conditions).
The payment of the membership fee shall be made and shall be applied subject to and in accordance with the terms of the Rules and the Operating Agreement.
Section C – General Terms and Conditions
By making a payment, each payer becomes a Member of the ProjectFranchise.Org website . The Rules govern the relationship between ProjectFranchise.Org and its Members and the Operating Agreement governs the relationship between Project Franchise.org and the Manager and the Sports Club. In the event of any conflict between the Rules and/or the Operating Agreement and these Terms and Conditions the terms of the Rules and/or the Operating Agreement shall take precedence over these Terms and Conditions, and any conflict between the Rules and the Operating Agreement shall be dealt with in accordance with the terms of the Operating Agreement.
Members are only permitted to join the Organization for personal use and cannot use it for commercial purposes, or for any other purpose which undermines or contradicts the objects of Project Franchise, the website or the Sports Club to be named later. In particular, the Manager may suspend Members from using the Website for such period as it sees fit if it is of the view that voting is being carried out with the intention of undermining the Website, the Sports Club or Project Franchise.
Members are only permitted to use the Website while they are a Member, and subject always to the Rules and the terms of the Operating Agreement, and to these Terms and Conditions. Each Member represents and warrants that: (i) it will not create, administer, sponsor, promote or otherwise enable or actively allow a website which is similar to the Website to be created, developed or operated in connection with the administration of Project Franchise which is acquired by the Organization; and (ii) it will not use any information disclosed by the Manager on the Website ("Confidential Information") which is acquired to be used other than on the Website and other than in connection with the administration of the Professional Sports Club .
Each Member acknowledges that damages may not be an adequate remedy for a breach of this term and that Project Franchise, the Manager and/or the Sports Club may need to take out injunctive or similar relief if there is a breach of this term. This term applies to all Members while they are Members of the website, and to all ex-Members who are no longer Members of the Organization for a period of 12 months after they cease to be a Member.
Section D – Privacy Policy
Please see bottom of this page.
Section E – The Website
The Website is owned by Project Franchise and operated by the Manager. These Terms and Conditions describe how, as a Member, you may access, browse and use the Website. Members are also bound by the Rules, and must act in accordance with the Rules.
Section F – Changes to the Terms and Conditions
The Manager reserves the right to change these Terms and Conditions at any time. As a Member, you should review these Terms and Conditions regularly, including, but not limited to, each time that you renew or pay a membership fee, in order to ensure that you are aware of the most up to date Terms and Conditions. Payment of a membership fee (whether on renewal or otherwise) constitutes an acknowledgement that you have read, and agree to be bound by, the most up to date Terms and Conditions.
The Manager will send an e-mail to all Members notifying them of all changes to these Terms and Conditions (other than changes which are of a minor technical nature, and which have no significant bearing on the organizatoin, payment or user privacy in regards to Project Franchise) prior to making the change. It will be the responsibility of Members to ensure that they read the revised Terms and Condition following receipt of the said e-mail. Changes to the Terms and Conditions are effective immediately upon posting to the Website. A member’s continued use of the Website after a change to the Terms and Conditions constitutes an acknowledgement by Members that they have read and agreed to all changes to the Terms and Conditions.
Section G – Content
In these Conditions, references to "Content" include, but are not limited to, all or part of any text, statistics, graphs, graphics, layout, logos, images, moving images, audio material or films, and also includes product details and/or software published or otherwise available on the Website from time to time (including, without limitation, anything made available for download), and references to "Trademarks" means the trademarks and logos (whether or not registered) displayed on the Website. The Manager is the owner or the licensee of all intellectual property rights associated with the Website, its Content and Trademarks (whether or not registered). Subject to these Terms and Conditions, the Manager gives individual Members limited, temporary, revocable, and non-exclusive license to access, browse and use the Website (including the Content and Trademarks) for personal and non-commercial use only. This license may be revoked at any time by notice.
Section H - Members, whether individuals or agents of media or other organizations
The password each Member chooses as part of its registration on the Website must be treated confidentially and must not be disclosed to any third party.
While accessing, browsing and/or using the Website a Member must comply with all applicable laws, regulations and codes. A Member must not impersonate another person or use a false name or email address, nor deep-link to and/or frame or use framing techniques to enclose the Website or any part of the Website without the Manager’s prior written consent.
A Member must not modify or attempt to modify all or any part of the Website, nor gain or attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
A Member must not post, transmit, submit, refer to, make available or link to or from (or authorize or permit any other person to do the same) any material which is untrue, fraudulent, inaccurate or incomplete, obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code.
Members must not: (i) disrupt the flow of chat in chat rooms and/or message boards with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text], (ii) Impersonate another person (including celebrities), indicate that they are an employee of the Manager, the Professional Sports Organization or the Managing Organization; (iii) Attempt to get a password, other account information, or other private information from a Member. (iv) Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software; (v) Improperly use in game support or complaint buttons.
A Member must not post, transmit, submit, refer to, make available or link to or from (or authorize or permit any other person to do the same) any material which makes excessive demands for bandwidth, constitutes advertising (unless approved or otherwise authorized by the Manager), contains any virus or other harmful code, or which may otherwise impair or harm the Website or the Manager’s or its service providers’ computer systems or any third party computer system. The Manager shall have sole discretion as to whether any material is in breach of this clause.
Members agree to fully and effectually indemnify the Manager for any breach of sub-paragraphs L(1) to (6) above, and acknowledge that the Manager may immediately terminate or suspend their use of the Website if they are in breach of any of the said provisions.
Members are not employees or agents of Project Franchise in any capacity. Project Franchise does not authorize or condone any activity beyond participation in the online portal. While members are permitted to notify Project Franchise if they notice outstanding athletic abilities, members are not permitted to contact such players, or make representations on behalf of Project Franchise. If members attend athletic contests or otherwise attempt to scout talent, they do so at their own risk, and neither Project Franchise, the website, nor the manager will be responsible for any resulting harm from said activity.
The Content, Trademarks and/or any other part of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without the prior written consent of the Manager. Members and those who access the Website are not permitted to republish any part of the Content on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without the prior written permission of the Manager.
The Manager reserves the right to, without giving the relevant Member any advance notice, permanently or temporarily and for any reason, suspend or deny your access to the Website (whether in whole or in part). The Manager also reserves the right to terminate, suspend or deny access to email services, the registration areas of the Website and/or a Member's password.
The Manager can remove or edit any Content on the Website at any time. All liability of the Manager its directors, employees or other representatives for any loss whatsoever arising from our removing or editing Content and/or the Members’ limited use of or inability to use the Website (either in whole or in part), email services and/or password is excluded, insofar as it is possible to do so in law.
In cases where a Member post/submits personal material (including, without limitation, team selections, other votes, text, photographs or other images, audio material, films or other moving images) on the Website the Member does so on the following basis: (i) the Members grants the Manager a royalty-free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such posted/submitted material (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limit, archiving and making such material available on the Website); (ii) Any publication of any material submitted to the Manager and/or on the Website will be at the Manager’s sole discretion and the Manager reserve the right to edit or otherwise amend such materials prior to publication.
As a Member, you agree that the Manager may (at its discretion) disclose your identity to any third party who is claiming that any material sent by you to the Website is defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright).Each Member warrants to the Manager and the Organization that any material submitted to the Manager is the Members’ own original work and that he or she owns the copyright and any other relevant rights.
Each Member warrants to the Manager that the material he or she submits is not obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code.
As a Member, you acknowledge that any breach of the above warranties may cause the Manager damage or loss and you agree to indemnify the Manager and the Organization on demand against any third party liabilities, claims, costs, loss or damage the Manager or the Organization incur as a result of publishing material submitted to the Website, including in relation to consequential losses.
As a Member, you also acknowledge that the Manager does not necessarily pre-screen any material that has been submitted to the Website and the Manager reserves the right to remove, at any time and without reason or prior notice or any liability to the Member, any material that has been submitted.
The Manager reserves the right (but not the obligation) to monitor any communications that are made via the Website and each Member consents to any such monitoring. Members are responsible for ensuring that they obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate and which apply to them.
Section I – Third party goods or services
Should the Manager carry a banner advertisement for a third party that the Member clicks through, the contract for the goods or services in question will be made directly between the Member and the relevant supplier. In most cases this will mean that there will be separate Terms and Conditions governing the contract as each supplier will have its own Terms and Conditions relating to the supply of those goods or services. Members should read the relevant supplier's Terms and Conditions before completing your transaction.
The Manager is not responsible for any transactions concluded with any such third party, and cannot accept any liability for breach of contract, non-performance or any other matter in relation to such third party website. Should Project Franchise.org contain hypertext links to third party websites, the Manager is not responsible for, nor does it endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to Project Franchise you do so entirely at your own risk.
Section J - Exclusions and Limitations of Liability, Miscellaneous Provisions
The Manager endeavours to make sure that all information which it originates on the Website is correct, however, does not accept any liability for error or omission. In particular, the Manager does not accept any liability for any error or information in information provided by the Professional Sports Organization which is acquired or started, either in relation to or in connection with the take-over process, or on a day to day basis when the Organization provides information for the purposes of the Website.
Without limiting the foregoing, all information and/or data appearing on the Website is provided on an "as is" basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
Neither the Manager nor any of its data providers gives any warranty or guarantee relating to availability of the Website or that the Website and/or our operation of it, the Content or the server that makes the Website available are error or virus free or free of other harmful components or that your use of the Website and/or the Content will be uninterrupted.
As a Member, you agree that the Manager, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to interruption of business, access or other delays, terminations, suspensions, denials or access interruptions to the Website, or data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data, or third party website links on the Website or reliance on the information contained on the Website, or computer viruses, system failures or malfunctions which may occur in connection with Members’ use of the Website or any inaccuracies, omissions or misleading, false or deceptive statement in the Content or events beyond the reasonable control of the Manager.
As a Member, you agree that you will also indemnify and will keep indemnified the Manager and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of any breach of these Terms and Conditions by you or your fault, negligence or breach of statutory duty or your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Manager’s or its agents infrastructure (whether owned by, leased or licensed to us) or that of any of the Manager’s suppliers.
Any contractual or legal relationship between each Member and the Manager will be concluded in English. All notices shall be given by e-mail to the Manager, to each Member at either the e-mail or postal address it provided during the registration process (if any). Notice will be deemed received 24 hours after email is sent or 3 days after the date of posting.
The Terms and Conditions (together with any variations to them), when read in conjunction with and with reference to the Operating Agreement and the Rules, form the entire agreement between the parties concerning your access to, browsing and/or use of the Website and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Website.
Nothing in these Terms and Conditions is intended to or shall operate to create a partnership or joint venture of any kind between a Member and the Manager or to authorize either of the Member or the Manager to act as agent for the other, and neither of them shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
If the whole or any part of any provision of these Terms and Conditions is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and Conditions and shall in no way affect the validity or enforceability of any other provisions. No waiver by the Manager of any breach of these Terms and Conditions must be in writing and shall not constitute a waiver of any other prior or subsequent breach and the Manager shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The rights and remedies of the Manager under these Terms and Conditions are independent, cumulative and without prejudice to its rights under the law.
These Terms and Conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999. These Terms and Conditions and/or the Members’ use of the Website shall be governed by and construed in accordance with American law and the American Courts shall have exclusive jurisdiction over any dispute.
These Terms and Conditions were created on June 2, 2008 and were last updated on: [No updates to date].
Privacy Policy
Introduction
The site editor takes your right to privacy seriously, and wants you to feel comfortable using this web site. This privacy policy deals with personally-identifiable information (referred to as "data" below) that may be collected by this site. This policy does not apply to other entities that are not owned or controlled by the site editor, nor does it apply to persons that are not employees or agents of the site editor, or that are not under the site editor's control. Please take time to read this site's Terms of use.
1. Collection of data
Registration for an account on this site requires only a valid e-mail address and a user name that has not been chosen already. You are not required to provide any other information if you do not want to. Please be aware that the user name you choose, the e-mail address you provide and any other information you enter may render you personally identifiable, and may possibly be displayed on this web site intentionally (depending on choices you make during the registration process, or depending on the way in which the site is configured) or unintentionally (subsequent to a successful act of intrusion by a third party). As on many web sites, the site editor may also automatically receive general information that is contained in server log files, such as your IP address, and cookie information. Information about how advertising may be served on this site (if it is indeed the site editor's policy to display advertising) is set forth below.
2. Use of data
Data may be used to customize and improve your user experience on this site. Efforts will be made to prevent your data being made available to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) your consent is obtained, such as when you choose to opt-in or opt-out for the sharing of data; (iii) a service provided on our site requires interaction with a third party, or is provided by a third party, such as an application service provider; (iv) pursuant to legal action or law enforcement; (v) it is found that your use of this site violates the site editor's policy, terms of service, or other usage guidelines, or if it is deemed reasonably necessary by the site editor to protect the site editor's legal rights and/or property; or (vi) this site is purchased by a third party, in which case that third party will be able to use the data in the same manner as set forth in this policy. In the event you choose to use links displayed on this web site to visit other web sites, you are advised to read the privacy policies published on those sites.
3. Cookies
Like many web sites, this web site sets and uses cookies to enhance your user experience -- to remember your personal settings, for instance. Advertisements may display on this web site and, if so, may set and access cookies on your computer; such cookies are subject to the privacy policy of the parties providing the advertisement. However, the parties providing the advertising do not have access to this site's cookies. These parties usually use non-personally-identifiable or anonymous codes to obtain information about your visits to this site.
4. Minors
The site editor might not allow persons who are aged thirteen or younger to become members of this site. For more information, please contact the site administrator.
5. Editing or deleting your account information
You are provided with the ability to edit the information stored for your user account information during registration, by visiting your user account control panel. You can request that your user account be deleted; to do so, please contact the site administrator. Content or other data that you may have provided, and that is not stored within your user account, such as articles published, may continue to remain on the site at the site editor's discretion, even after your user account is deleted. Please see the site's Terms of Service (above) for more information.
6. Changes to this privacy policy
Changes may be made to this policy from time to time. You will be notified of substantial changes to this policy either by through the posting of a prominent announcement on the site, and/or by a mail message sent to the e-mail address you have provided, which is stored within your user settings.
7. NO GUARANTEES
While this privacy policy states standards for maintenance of data, and while efforts will be made to meet the said standards, the site editor is not in a position to guarantee compliance with these standards. There may be factors beyond the site editor's control that may result in disclosure of data. Consquently, the site editor offers no warranties or representations as regards maintenance or non-disclosure of data.
8. Choice of Law
The interpretation and enforcement of this Agreement shall be exclusively governed by and construed in accordance with the substantive laws of the State of New Jersey and jurisdiction over the parties shall be vested exclusively in the federal and state courts within the State of New Jersey. The prevailing party in any claim or action hereunder shall be entitled to recover reasonable outside attorney’s fees and costs in addition to any amounts awarded.
9. Arbitration
The Parties agree that all disputes regarding this Agreement shall be resolved by binding arbitration conducted in the the State of New Jersey and administered by a recognized arbitration service in accordance with commercially accepted rules of arbitration for Agreements of this nature.
10. Contact information
If you have any questions about this policy or about this web site, please feel free to contact the site administrator.