Terms of Service

1. ACCEPTANCE OF TERMS

This website (“Site") is owned and
operated by Jibbstar LLC and/or its affiliates (“The Football Scene").
The Football Scene permits access to and use of the Site and its Apps (as
defined below) (collectively, the “Service") subject to the following
Terms of Service (“TOS"). The Football Scene may, at its discretion,
update the TOS at any time. You can access and review the most current version
of the TOS at the URL for this page or by clicking on the “Terms of Service"
link at the bottom of each page of the Site or otherwise made available within
the Service.

PLEASE REVIEW THE TOS CAREFULLY. BY REGISTERING
FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS
COMPONENTS, YOU AGREE TO BE BOUND BY THE TOS, INCLUDING ANY UPDATES OR
REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO
BE BOUND BY THE TOS, DO NOT ACCESS OR USE THE SERVICE.

If you are under 13 years of age, you may not
use the Service. If you are at least 13 years of age but under 18 years of age
or the age of majority in your jurisdiction, whichever is greater, you
represent and warrant that you have obtained the consent of a parent or
guardian before accessing or using the Service. Otherwise, you represent and
warrant that you are: (i) at least 18 years of age or the age of majority in
your jurisdiction, whichever is greater; and (ii) of legal age to form a
binding contract. In all cases, you represent and warrant that you are not a
person barred from accessing or using the Service under the laws of your
country of residence or any other applicable jurisdiction. Some parts of the
Service may have different age requirements, which will be noted in those parts
of the Service.

2. PRIVACY POLICY

In addition to the TOS, The Football Scene’s
Privacy Policy (
http://thefootballscene.com/privacy-policy/)
governs
your access to and use of the Service.

3. GRANT OF RIGHTS

(a) Subject to your compliance with the TOS in
all material respects, The Football Scene grants you a limited, non-exclusive,
non-transferable, non-sub licensable, revocable license to: (i) access and view
pages from the Service for your personal, non-commercial use only; and (ii)
print a reasonable number of such pages for your personal, non-commercial use
only.

(b) To the extent that a Site provides online
access to any software, application or other similar online components, then,
subject to your compliance with the TOS in all material respects, The Football
Scene grants you a limited, non-exclusive, non-transferable, non-sub licensable,
revocable license to access and use such components only in executable,
machine-readable, object code form within the online platform provided by The
Football Scene for accessing such components and only for your personal,
non-commercial purposes.

(c) Your access to and use of the Service must
further comply in all material respects with any usage guidelines posted by The
Football Scene.

(d) The Football Scene further makes available
mobile applications for access to certain content from The Football Scene
(“Apps"). Your access to and use of Apps is subject to the applicable
end user license agreement for each App.

4. REGISTRATION

(a) In registering for the Service, you agree
to: (i) provide true, accurate, current and complete information about yourself
as prompted by the Service’s registration form (the “Registration
Data"); and (ii) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or The Football Scene
reasonably suspects that you have done so, The Football Scene may suspend or
terminate your account.

(b) You are fully responsible for all activities
that occur under your account. You may not share your account or password with
anyone. You agree to notify The Football Scene immediately of any unauthorized
use of your account or password or any other similar breach of security.

5. RESPONSIBILITY FOR CONTENT

(a) You acknowledge and agree that all
information, data, text, software, music, sounds, photographs, graphics,
videos, messages, scripts, tags and/or other materials accessible through the
Service, whether publicly posted or privately transmitted
(“Content"), are the sole responsibility of the person from whom such
Content originated. This means that you, and not The Football Scene, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available through the Service (“Your Content"), and
other users of the Service, and not The Football Scene, are similarly
responsible for all Content they upload, post, email, transmit or otherwise
make available through the Service (“User Content").

(b) You acknowledge and agree that The Football
Scene has no obligation to pre-screen Content (including, but not limited to,
Your Content and User Content), although The Football Scene reserves the right
in its sole discretion to pre-screen, refuse or remove any Content. Without
limiting the generality of the foregoing, The Football Scene shall have the
right to remove any Content that violates the TOS or that it deems
objectionable.

(c) To the extent that you submit any Content,
you represent and warrant that: (i) you have all necessary right and authority
to grant the rights set forth in the TOS with respect to Your Content; and (ii)
Your Content does not violate any copyright, trademark, right of privacy, right
of publicity or any other right of any third party.

6. RIGHTS TO CONTENT

(a) The Football Scene does not claim ownership
of Your Content. However, you grant The Football Scene and its service
providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub
licensable, transferable license to use, distribute, transmit, reproduce,
modify, adapt, create derivative works from, publicly perform and publicly
display Your Content in connection with the Service. You understand that the
technical processing and transmission of data associated with the Service,
including Your Content, may require: (i) transmissions over various networks;
and (ii) changes to conform and adapt to technical requirements of connecting
networks or devices.

(b) Except with respect to Your Content, you
agree that The Football Scene and its licensors own all rights, title and
interest in the Service and all materials within the Service. Except with
respect to Your Content or as expressly permitted by the TOS, you may not: (i)
use, distribute, transmit, reproduce, modify, adapt, create derivative works
from, publicly perform or publicly display any Content; (ii) frame or utilize
any framing technique to enclose any Content; (iii) decompile, decode, disassemble,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code or the architectural framework for any software within or associated with
the Service; or (iv) access the Service for purposes of developing, marketing,
selling or distributing any product or service that competes with or includes
features substantially similar to the Service or any products or services
offered by The Football Scene. The Football Scene reserves all rights not
expressly granted to you.

7. USER CONDUCT

In connection with your access to or use of the
Service, you shall not:
(a) upload, post, email, transmit or otherwise make available any Content that:
(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise
objectionable; (ii) may not be made available under any law or under
contractual or fiduciary relationships (such as confidential or proprietary
information learned as part of an employment relationship or under a
non-disclosure agreement); (iii) infringes any patent, trademark, trade secret,
copyright or other proprietary right of any party; (iv) consists of unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, commercial electronic messages or any other form of
solicitation; or (v) contains software viruses or any other code, files or
programs designed to interrupt, destroy or limit the functionality of any
software or hardware;

(b) impersonate any person or entity, including,
but not limited to, The Football Scene personnel, or falsely state or otherwise
misrepresent your affiliation with any person or entity;

(c) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Service;

(d) act in a manner that negatively affects the
ability of other users to access or use the Service;

(e) take any action that imposes an unreasonable
or disproportionately heavy load on the Service or its infrastructure;

(f) interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;

(g) use spiders, crawlers, robots or any other
similar means to access the Service or substantially download, reproduce or
archive any portion of the Service;

(h) sell, share, transfer, trade, loan or
exploit for any commercial purpose any portion of the Service, including, but
not limited to, your user account and password; or

(i) violate any applicable local, state,
provincial, federal, national or international law or regulation.

8. SUGGESTIONS

If you elect to provide or make available to The
Football Scene any suggestions, comments, ideas, improvements or other feedback
relating to the Service (“Suggestions"), The Football Scene shall be
free to use, disclose, reproduce, have made, modify, license, transfer and
otherwise utilize and distribute your Suggestion in any manner, without credit
or compensation to you.

9. DEALINGS WITH ADVERTISERS AND OTHER
THIRD PARTIES

Your dealings with advertisers and other third
parties who market, sell, buy or offer to sell or buy any goods or services on
the Service, including payment for or delivery of such goods or services and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and the advertiser or other third party. You
agree that The Football Scene shall not be liable for any loss or damage of any
kind incurred as a result of any such dealings.

10. LINKS AND EXTERNAL MATERIALS

The Service or users of the Service may provide
links to other websites or resources. You acknowledge and agree that The
Football Scene does not endorse and is not responsible for any content,
advertising, products, services or other materials on or available through such
sites or resources (“External Materials"). These sites are subject to
different terms of use and privacy policies, which you are responsible for
reviewing. You further acknowledge and agree that The Football Scene shall not
be liable for any damage or loss caused by or resulting from use of or reliance
on any External Materials.

11. MODIFICATIONS TO THE SERVICE

The Football Scene reserves the right at any
time to modify or discontinue, temporarily or permanently, the Service (or any
portion thereof) with or without notice. You agree that The Football Scene
shall not be liable to you or any third party for any modification, suspension
or discontinuance of the Service (or any portion thereof).

12. TERMINATION AND SURVIVAL

In the event that you violate the TOS, all
rights granted to you under the TOS shall be terminated immediately, with or
without notice, and The Football Scene, in its sole discretion, may remove and
discard Your Content. The provisions of the TOS that should by their nature
survive termination of the TOS shall survive such termination.

13. INDEMNIFICATION

You agree to indemnify and hold The Football
Scene and its parents, subsidiaries, affiliates, officers, directors,
employees, agents, mandataries, partners and licensors (collectively, “The
Football Scene Parties") harmless from and against any claim, demand,
loss, damage, cost, liability and expense, including reasonable attorneys’
fees, resulting from or arising out of your: (a) access to or use of the
Service; (b) violation of the TOS or any law or regulation; or (c) violation of
any rights of another party.

14. DISCLAIMER OF WARRANTIES

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN “AS IS" AND “AS
AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE FOOTBALL SCENE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE,
COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO,
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY,
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) THE FOOTBALL SCENE PARTIES MAKE NO WARRANTY
AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE.

15. LIMITATION OF LIABILITY

(a) YOU ACKNOWLEDGE AND AGREE THAT THE FOOTBALL
SCENE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL
LOSS, EVEN IF THE FOOTBALL SCENE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE
OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE. IN NO EVENT SHALL THE FOOTBALL SCENE’S TOTAL LIABILITY TO YOU FOR
ALL CLAIMS ARISING FROM OR RELATING TO THE TOS OR YOUR ACCESS TO OR USE OF THE
SERVICE EXCEED THE GREATER OF US$50 OR THE AMOUNT (IF ANY) PAID BY YOU TO THE
FOOTBALL SCENE FOR ACCESS TO OR USE OF THE SERVICE IN THE 12-MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE.

(b) CERTAIN STATE AND PROVINCIAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.

16. GOVERNING LAW

For All Users: The United Nations Convention on
Contracts for the International Sale of Goods is specifically excluded from
application to the TOS.

For All Others: The TOS shall be governed by and
construed and enforced in accordance with the United States Federal Arbitration
Act, other applicable federal laws and the laws of the State of Florida,
without regard to conflict of laws principles.

17. BINDING ARBITRATION AND CLASS
ACTION WAIVER

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TOS
OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE
VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOS, SHALL BE RESOLVED BY
BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN
SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN
ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the
American Arbitration Association (AAA) under its then-applicable rules,
including (as appropriate) its Supplementary Procedures for Consumer-Related
Disputes. The AAA’s rules are available at 
http://www.adr.org/. Payment
of all filing, administration and arbitrator fees will be governed by the AAA’s
rules.

The arbitration shall be conducted in the
English language by a single independent and neutral arbitrator. For any
hearing conducted in person as part of the arbitration, you agree that:

For All Others. The hearing will be conducted in
the County and State of Florida or the city within the United States in which
you reside.

The decision of the arbitrator shall be final
and binding. Judgment on the arbitral award may be entered in any court of
competent jurisdiction.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION
PROCEEDINGS RELATING IN ANY WAY TO THE TOS OR YOUR ACCESS TO OR USE OF THE
SERVICE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN
COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND
AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN:

THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN
THE SUPREME COURT OF FLORIDA COUNTY.

YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION
AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM
NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

Notwithstanding anything to the contrary, you
and The Football Scene may seek injunctive relief and any other equitable
remedies from any court of competent jurisdiction to protect our intellectual
property rights, whether in aid of, pending or independently of the resolution
of any dispute pursuant to the arbitration procedures set forth above.

18. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly
provided in the TOS or any end user license agreement for a website, there
shall be no third-party beneficiaries to the TOS.

19. PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT

If you believe that your work has been made
available through the Service in a way that constitutes copyright infringement,
please provide The Football Scene’s Agent for Notice of Copyright Claims the
following information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) a description of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) a description of the
material that you claim is infringing and where that material may be accessed
within the Service; (d) your address, telephone number and email address; (e) a
statement by you that you have a good-faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent or
the law; and (f) a statement from you that the information in the notification
is accurate and, under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. The
Football Scene’s Agent for Notice of Copyright Claims can be reached as
follows:

Agent for Notice of Copyright Claims
The Football Scene
2802 SW 21 Street
Miami, Fl 33145

Phone: (305) 710-0296

Email: [email protected]

20. GENERAL PROVISIONS

The TOS constitutes the entire agreement between
you and The Football Scene concerning your access to and use of the Service. It
supersedes all prior or contemporaneous oral or written negotiations and
agreements between you and The Football Scene with respect to such subject
matter. The failure of The Football Scene to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is held to be invalid or unenforceable under
applicable law, then such provision shall be construed, limited, modified or,
if necessary, severed to the extent necessary to eliminate its invalidity or
unenforceability, without in any way affecting the remaining parts of the TOS.
It is the express wish of the parties that the TOS and all related documents be
drawn up in English.

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