Effective Date: February 1, 2009
SECTION 1: GENERAL TERMS OF SERVICE
 
1.        DEFINITIONS "MYAFRICANFOOTBALL.com". “Service” means the on-line video platform (and/or any other on-line service which would replaced it) operated by SPORTFIVE on the Internet, consisting of information services and content provided by SPORTFIVE, CAF, affiliates of SPORTFIVE and CAF and other authorized third parties. These Terms of Use do not reflect the terms that govern other sites or the practices of parties other than SPORTFIVE that may be linked to MYAFRICANFOOTBALL.com such as www.cafonline.com.
"Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of MYAFRICANFOOTBALL.com.
 
2.        GENERAL. (A) This Agreement, which incorporates by reference other provisions applicable to use of MYAFRICANFOOTBALL.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 19 hereof ("Legal Information") governing the use of certain specific material contained in MYAFRICANFFOTBALL.com, sets forth the terms and conditions that apply to use of MYAFRICANFOOTBALL.com by Subscriber. By using MYAFRICANFOOTBALL.com Subscriber agrees to comply with all of the terms and conditions hereof. The right to use MYAFRICANFOOTBALL.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of “Subscriber's Account” and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) SPORTFIVE shall have the right at any time to change or discontinue any aspect or feature of MYAFRICANFOOTBALL.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
 
3.        CHANGED TERMS. SPORTFIVE and CAF shall have the right at any time to change or modify the General Terms of Service or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon Notice thereof, which may be given by means including, but not limited to, posting on MYAFRICANFOOTBALL.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of MYAFRICANFOOTBALL.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
 
4.         MINIMUN CONFIGURATION REQUIREMENT. High speed Internet connection required for the use of MYAFRICANFOOTBALL.com: Cable, ADSL, Company Network (minimum reception speed of 512 kbits).
Hardware configuration required:
- PC with 1 ghz Pentium IV processor or higher with 512 Mb of RAM or higher
- Your computer must be able to display a screen resolution of 1024 by 768 pixels.
- A 16-bit sound card or higher and a video card displaying 16 million colours or more.
Software requirements:
- Operating system: Microsoft Windows (98 second edition, 2000, XP or NT4, Vista),
- Browser: Internet explorer 7 or higher with Flash 10 plug-in installed. Your browser must be set to accept cookies and JavaScript must be enabled.
- Windows Media Player 10 or more recent must also be installed.
- For mac users, the plugin flip4mac is required
 
5.        REGISTRATION OBLIGATIONS. Once a Subscriber registered, he automatically agrees to provide true, accurate, current and complete information about himself. SPORTFIVE shall have the right to suspend or terminate subscriber’s account and refuse any and all current or future use of MYAFRICANFOOTBALL.com (or any portion thereof) in case of provisions any untrue, inaccurate, not current or incomplete information, or in case SPORTFIVE reasonably suspect that the Subscriber has provided untrue, inaccurate, not current or incomplete information.
 
6.        TERMS OF USE OF THE SERVICE ACCEPTANCE. By subscribing to this Service, the Subscriber accepts these Terms of Use.By ticking the box "I have read and I agree to the Terms and Conditions", the Subscriber accepts the Terms of Use of the service provided by SPORTFIVE, its affiliates and its partners.The Subscriber thereby declares and acknowledges to have read such Terms of Use. The Subscriber is solely responsible for the use of Subscriber’s Account; and any connection or data transmitted when using this service will be considered to have been carried out by said Subscriber and solely under his supervision. It is also stipulated that the Subscriber is entirely and solely responsible for this use. In case a Subscriber does not adhere to the Terms of Use of the Service, SPORTFIVE reserves the right to block his access to the service.  
 
SECTION 2: GENERAL TERMS OF SALE OF SERVICE
 
7.        SUBSCRIBER CONDUCT. a) Subscriber shall use MYAFRICANFOOTBALL.com for lawful purposes only. Subscriber shall not post or transmit through MYAFRICANFOOTBALL.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SPORTFIVE's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Subscriber that in SPORTFIVE's discretion restricts or inhibits any other Subscriber from using or enjoying MYAFRICANFOOTALL.com will not be permitted. Subscriber shall not use MYAFRICANFOOTBAL.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive or not with MYAFRICANFOOTBALL.com.
b) Subscriber shall not use or to permit or facilitate others to use the service by automated electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other computer programs that monitor, copy or download data or other content found on or accessed through the service, including without limitation real time scoring, video, audio, statistics, or data content, whether current or archival.
c) Subscriber shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, any form of excessive use,…), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
d) Subscriber shall not collect or store personal data about other users of the Service.
e) Subscriber shall not create a frame, browser or border around any of the content of the service or link to the service without SPORTFIVE’s prior express written permission (other than a plain text-only link to the home page of the Service), which link does not in any way imply a sponsorship or affiliation with the Service, CAF or SPORTFIVE. 
f) MYAFRICANFOOTBALL.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of MYAFRICANFOOTBALL.com are copyrighted according to French law. CAF and SPORTFIVE own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SPORTFIVE, CAF and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
 
8.        DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. a) Subscriber expressly agrees that use of MYAFRICANFOOTBALL.com is at Subscriber's sole risk. Neither SPORTFIVE, CAF, their affiliates or parent companies nor any of their respective employees, agents, third party content providers or licensors warrant that MYAFRICANFOOTBALL.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of MYAFRICANFOOTBALL.COM, or as to the accuracy, reliability or content of any information, service, or merchandise provided through MYAFRICANFOOTBALL.com.
b) MYAFRICANFOOTBALL.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
c) This disclaimer of liability applies to any damages or injury caused by 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, tortuous behaviour, negligence, or under any other cause of action. Subscriber specifically acknowledges that neither SPORTFIVE nor CAF is liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with Subscriber.
d) In no event will SPORTFIVE, CAF, or any person or entity involved in creating, producing or distributing MYAFRICANFOOTBALL.com, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use MYAFRICANFOOTBALL.com. Subscriber hereby acknowledges that the provisions of this section shall apply to all content displayed on MYAFRICANFOOTBALL.com.
e) In addition to the terms set forth above neither, SPORTFIVE, CAF, nor their affiliates, parent companies, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within MYAFRICANFOOTBALL.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither, SPORTFIVE, CAF, nor their affiliates, parent companies, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
All disputes in connection with refund or damages shall be limited to a sum equivalent to the amount of the relevant transmission. Subscriber shall have to demonstrate and prove the unavailability of the relevant transmission.
 
9.        ADULTS. Access to the Service is restricted to adults. If the Subscriber is a minor wishing to use this service, he declares and acknowledges that a person or persons with parental responsibility for him have granted their approval for him to use this Service and that this person or these persons have agreed to act as guarantors of his adherence to all of the clauses of these Terms of Use and to any specific terms associated with this Service if required. This person or those persons with parental responsibility for him are fully responsible for his use of the Service.
 
10.     INDEMNIFICATION. Subscriber agrees to defend, indemnify and hold harmless SPORTFIVE, CAF, their respective affiliates and parent companies and each if their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of MYAFRICANFOOTBALL.com by Subscriber or Subscriber's Account.
 
11.     TERMINATION. Either SPORTFIVE or Subscriber may terminate this Agreement at any time being agreed that any amount already received by SPORTFIVE shall not be refund. Without limiting the foregoing, SPORTFIVE and the CAF shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which SPORTFIVE, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 11 shall survive termination of this Agreement.
 
12.     TRADEMARKS. MYAFRICANFOOTBALL.com and each of the corresponding logos are trademarks of SPORTFIVE or CAF. All rights are reserved. All other trademarks appearing on MYAFRICANFOOTBALL.com are the property of their respective owners.
 
13.     THIRD PARTY CONTENT. Neither SPORTFIVE nor CAF guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Neither SPORTFIVE nor CAF endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MYAFRICANFOOTBALL.com. Under no circumstances will SPORTFIVE or the CAF be liable for any loss or damage caused by a Subscriber's reliance on information obtained through MYAFRICANFOOTBALL.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through MYAFRICANFOOTBALL.com.
 
14.     BILLING. The prices of the service are expressed either in euro or in US dollars include all taxes. Any change to the rate of V.A.T applied by law will be reflected in the price of the service as of the effective date given by the implementing decree. All purchases, regarding their origin, are payable either in euro or in US dollars. This Service is always invoiced according to prices applicable when orders are placed. Pricing changes may occur at any time, and users of the Service will be informed of any such changes 5 (five) days before they take effect. These changes may under no circumstances apply to persons who registered and subscribed to a service on the site before the date on which these price changes came into effect. The services offered by SPORTFIVE on the Service may be paid for by credit card or through the Paypal site. Subscriber shall refer to the following links for their General Terms of Use:the Subscriber agrees to pay the full price for the purchased product and related costs including taxes. Payment for the service is Subscriber’s sole responsibility.Payment by credit card: Any person may subscribe to this service using a Visa, MasterCard or Carte Bleue. When paying by credit card, the Subscriber must enter his card number, expiration date and the visual cryptogram on the reverse of his card. Once one of the officially accredited bodies has authorised this credit card payment, the relevant bank account will be debited immediately and the Subscriber will then instantly has access to the Service. Consequently, according to the provisions of article 121-20-2 of the French Consumer Code, the Subscriber has no right thereafter to retract from the purchase.An electronic mail message providing details of the purchase and the financial transaction will be sent to the e-mail address previously supplied in his registration form. Once the Subscriber has received the subscription confirmation message he can then request an invoice by clicking on the link provided for that purpose. Subscriber guarantees SPORTFIVE that he is the owner of the credit card used and that he has all the required permission for using this payment means.
Secure credit card payments: credit card payments are processed via a secure payment system. SPORTFIVE has adopted the SSL encryption procedure that enables the encryption of all personal details required for placing orders.To pay for the Service by credit card Subscriber must enter his card number and valid from date. Data entered on the payment screen is instantly encrypted in the computer before being sent onto the network. The information supplied is then forwarded securely to the payment system that records the financial operation.
 
15.     SUBSCRIPTION SERVICES.
- MATCH PASS LIVE:By credit card payment you can subscribe to the "MATCH PASS LIVE" service provided by SPORTFIVE, which gives you access as soon as your card payment has been validated to one match Live, one match deferred and one match highlights for 48 hours. The 48 hours are only counted from the first click on the live match, as soon as this becomes available. SPORTFIVE registers the date and time that the click is made, which acts as a mutual agreement regarding the conclusion of the contract between the subscriber and SPORTFIVE.
- MATCH PASS VOD:By credit card payment you can subscribe to the "MATCH PASS VOD" service provided by SPORTFIVE, which gives you access as soon as your card payment has been validated to one match deferred and one match highlights for 48 hours.- MONTH PASS:By credit card payment you can subscribe to the "MONTH PASS" service provided by SPORTFIVE, which gives you access as soon as your card payment has been validated to all the available matches LIVE, highlights and matches deferred for one month.
- ANNUAL PASS:By credit card payment you can subscribe to the "ANNUAL PASS" service provided by SPORTFIVE, which gives you access as soon as your card payment has been validated to all the available matches Live, highlights and matches deferred for one year.
 
16.     COMPLAINTS. All questions or requests for information about services offered should be addressed to SPORTFIVE by electronic message in the heading "Contact us".SPORTFIVE agrees to reply as soon as possible to these questions or requests for information.For all disputes over commercial transactions made and for providing proof of sums due, including the value of the subscription agreed in particular, Subscriber should forward his complaint by electronic message to SPORTFIVE in the heading "Contact us" within 7 days of the date of the disputed operation.Once submitted, his request will be assessed by SPORTFIVE who will do its utmost to resolve the matter as soon as possible and in the most appropriate way. Any financial dispute should be submitted in writing and forwarded by standard post to SPORTFIVE and must include the following elements:
- The type of service at issue
- The reason for his claim
- His user name and electronic address that Subscriber provided when completing the registration form
- Subscriber full personal details (first name, surname, address, telephone number)
- The date of the order
- The order reference number and the bank transaction reference number provided in the transaction confirmation email.
If one of the aforementioned elements is not provided, his request will not be processed
Subscriber must also provide any evidence required in support of his request. If his complaint is adjudged valid and well founded, and due to a technical fault caused by SPORTFIVE, SPORTFIVE will be happy to provide compensation or a refund, extend access to the Service or provide access to other services of an equivalent value.
 
17.     MISCELLANEOUS. This Agreement and any operating rules for MYAFRICANFOOTBALL.com established by SPORTFIVE and the CAF constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of France, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
 
18.      INTELLECTUAL PROPERTY. All texts, comments, works, illustrations and images, marks, logos and distinctive signs used on the SPORTFIVE sites are protected by French and global Intellectual Property Rights. In conformity with the provisions of the French Intellectual Property Code, use of the service is only authorised for private use and excludes any other exploitation, notwithstanding other more restrictive provisions of the French Intellectual Property Code. Any other use, without prior authorisation form SPORTFIVE and/or other rights holders constitutes infringement and is sanctioned in the French Intellectual Property Code.All partial or total reproductions of the SPORTFIVE site by a user are strictly prohibited.
 
19.     LEGAL INFORMATION. SPORTFIVE is a French limited company registered on the Nanterre Trade and Companies register, registration number 873803456, whose head office is located at 70/72 Rue du Gouverneur General Eboue Issy les Moulineaux, 92130, France. SPORTFIVE profits from internet content.This provision of content requires in particular collection of personal information from its users. User information collected is reserved for service usage and may only be forwarded to the following recipients: (a)SPORTFIVE and its subsidiaries throughout the world (in order to provide this Service effectively); (b) SPORTFIVE; (c) Any other company, business involved in the service.In conformity with Article 39 and subsequent Articles of the "French Data Protection Act" Law number 78-17 dated 6th January 1978 in relation to computers, computer files and freedoms, any person may obtain information and if required have amended or removed any information relating to them, by writing to the company SPORTFIVE or in particular by writing an electronic message in the heading "Contact us".SPORTFIVE and its partners agree to take all necessary steps to keep this information secure.
 
20.     GENERAL INFORMATION. Subscriber expressly understands and agrees that: a) These Terms of Use constitutes the entire agreement between him and us, superceding any prior agreements between him and us. Subscriber may be subject to additional terms and conditions when he uses affiliate services, third-party content, or other parts of the Service including subscription components.
b) These Terms of Use and the relationship between Subscriber and us shall be governed by French law without regard to its conflict of law provisions. Subscriber and we agree to submit to the personal and exclusive jurisdiction of the Tribunal de Grande Instance de Paris.
c) The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
d) In the event a court of competent jurisdiction finds that any provision of these Terms of Use is invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of These Terms of Use shall remain in full force and effect.
e) Subscriber will file any claim or cause of action arising out of or related to use of the Service or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary, acknowledging that any claim or cause of action filed after one (1) year would be forever barred.
f) The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.