Terms and Conditions - My Club, My Passion

Please read the Terms and Conditions carefully. If you have questions please feel free to contact us.

FAQ:

How is my money spent? The MyClubMyPassion yearly ownership fee is US $49. All of your money will be spent towards acquiring a lower division football team in South America and minimal related costs such as website upkeep.

Which club will MCMC buy? We are currently scouting clubs in several South American countries, most notably Argentina. Once we find clubs that are interested and fit our price range, the clubs will be brought to the membership for open debate and vote. If there are more than two clubs to be voted upon, a club must receive over 50 percent to be chosen. If a club does not receive over 50 percent, the two highest vote getters will advance to a runoff to be held at a date within one week of the initial vote.
Will I be liable for the club’s possible debt? Absolutely not. The club will be a limited company. So if the club incurs any debt, buymeafootballclub.com members would not be liable for that debt. Also, all profits generated by the football club will be reinvested in the club, meaning members will not be paid a dividend or a share of these profits. No one will make money off our portion of the club. We are fans, owners and managers. We will do what is best for the club and not have to worry about personal financial gain. This means decisions affecting the club will be made purely for the club’s benefit, and not by shareholders who have a financial interest.


Terms and Conditions

CONDITIONS OF PAYMENT Interpretation In these Terms and Conditions:1. All references to the Operator are to the Operator in its capacity as the Operator (as that term is defined in the Operating Agreement, defined below) and to the Operator in its own capacity.

2. All references to Members shall refer both to an individual in his or her capacity as a member of the Society 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 Society (as that term is defined below)

Section A - Payments received prior to the Launch Date

1. Save as otherwise provided in these Terms and Conditions, the payer becomes a member of the Society from the date of payment to a date which is twelve months (or 24 months, where the payee has paid for an initial 24 month membership, or 36 months, where the payee has paid for an initial 36 month membership, (each such payment the "Initial Payment")), from the Launch Date.

2. To the extent that a football club has not been purchased by the Society by the date (the "Termination Date") which is 24 months after the date that MCMC (the "Operator") first receives a payment from any member of the Society (a "Member"), the Operator shall refund the balance of the Initial Payment (minus any expenses incured) as soon as reasonably practicable after the Termination Date as agent of the Society subject to and in accordance with the operating agreement between the Society and the Operator (the "Operating Agreement").

3. Notwithstanding the provisions of paragraph A(1) of these Terms and Conditions, each Member will cease to be a member of the Society on receipt of the balance of the Initial Payment in accordance with paragraph 2 above.

Section B - Payments received after the Launch Date

On payment of the annual membership fee in the amount specified in the Rules of the Society registered with ASIC with Registration Number 106098980 via the Website on any date after the Launch Date:1. Save as otherwise provided in these Terms and Conditions, the payer becomes a member of the Society from the date of payment to a date which is twelve months (or 24 months, where the payee has paid for an initial 24 month membership, or 36 months, where the payee has paid for an initial 36 month membership or for such longer or shorter period of membership that the Member has actually paid for at the time is subscribes or renews its membership, (each such payment the "Initial Payment")), from the date of receipt of payment by the Operator.


2. As a Member/, you agree that the Operator, 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 Operator.

3.. As a Member, you agree that you will also indemnify and will keep indemnified the Operator 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 Operator’s or its agents infrastructure (whether owned by, leased or licensed to us) or that of any of the Operator’s suppliers.

6. Any contractual or legal relationship between each Member and the Operator will be concluded in English or Spanish. All notices shall be given by e-mail to the Operator, to each Member at the e-mail address provided. Notice will be deemed received 36 hours after email is sent.

7. 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.

8. 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 Operator or to authorise either of the Member or the Operator 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).


1. 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.

2. 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 Operator’s prior written consent.

3. A Member must not modify or attempt to modify all or any part of the Website, nor gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

4. A Member must not post, transmit, submit, refer to, make available or link to or from (or authorise 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.

5. Members must not: (i) disrupt the flow of chat in chat rooms 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 Operator, the football club or the Society; (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.

6. A Member must not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which makes excessive demands for bandwidth, constitutes advertising (unless approved or otherwise authorised by the Operator), contains any virus or other harmful code, or which may otherwise impair or harm the Website or the Operator’s or its service providers’ computer systems or any third party computer system. The Operator shall have sole discretion as to whether any material is in breach of this clause.

7. Members agree to fully and effectually indemnify the Operator for any breach of sub-paragraphs L(1) to (6) above, and acknowledge that the Operator may immediately terminate or suspend their use of the Website if they are in breach of any of the said provisions.

8. 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 Operator. 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 Operator.

9. The Operator 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 Operator 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.

10. The Operator can remove or edit any Content on the Website at any time. All liability of the Operator 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.

11. 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 Operator 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 Operator and/or on the Website will be at the Operator’s sole discretion and the Operator reserve the right to edit or otherwise amend such materials prior to publication.

12. As a Member, you agree that the Operator 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 Operator and the Society that any material submitted to the Operator is the Members’ own original work and that he or she owns the copyright and any other relevant rights.

13. Each Member warrants to the Operator 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.

14. As a Member, you acknowledge that any breach of the above warranties may cause the Operator damage or loss and you agree to indemnify the Operator and the Society on demand against any third party liabilities, claims, costs, loss or damage the Operator or the Society incur as a result of publishing material submitted to the Website, including in relation to consequential losses.

15. As a Member, you also acknowledge that the Operator does not necessarily pre-screen any material that has been submitted to the Website and the Operator 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.

16. The Operator 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.

17. 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.

1. 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.

2. The Operator is the owner or the licensee of all intellectual property rights associated with the Website, its Content and Trademarks (whether or not registered).

3. Subject to these Terms and Conditions, the Operator gives individual Members limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website (including the Content and Trademarks) for personal and non-commercial use only. This licence may be revoked at any time by notice.

1. The Operator 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.

2. The Operator 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 and/technical nature) 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.

3. 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.

1. The Website is owned by the Operator. 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.

1. The Operator will not sell or rent Members’ personal information to others without Members’ permission. With permission, the Operator will only share this information with carefully chosen, reputable and relevant third parties. The Operator may also provide aggregate statistics on Members, sales, traffic patterns and related website information to such vendors. These statistics will include no personally identifying information.

2. The Operator is not responsible for the content or the privacy policies of websites to which the Website may link.

3. The Operator has the right to employ or engage external companies to act on its behalf as data processors for internal business purposes. Data processors will abide by the Operators’ Privacy Policy and will not disclose Members’ personal details to any other parties or use data other than for purposes required by the Operator.

1. The Operator can send e-mails to Members relating to the Society, their membership, or any matter which relates to or is incidental to the services which the Operator agrees to provide under the Operating Agreement without restriction.

2. Unless Members have requested that the Operators does so, the Operator will not provide or sell Members’ details to third parties in order that advertisers and/or third parties can provide information direct to Members in relation to goods and services that may interest them.

3. Notwithstanding any provision to the contrary contained in these Terms and Conditions, the Operator may contact Members via email with products, services and promotions. Such correspondence will only be sent to those Members who have opted in. All email correspondence includes an unsubscribe option.

4. If a Member wishes to opt out of receiving such information, they should use the unsubscribe option included in all email correspondence stating that they would prefer not to receive such mailings.

5. The Operator reserves the right to disclose information about member usage and demographics to advertisers and partners, but will do so only in anonymous aggregate form. The Operator will not reveal a Member’s personal identity in connection with the disclosure of such information.

6. The Operator collects information on Members in two ways: through cookies, and through registration.

7. The Operator requires Members to provide it with a name, email address, postcode, gender, year of birth and other football related information in order to generate statistics. The Operator may also ask for other non-mandatory demographic information from members. This information is stored by the Operator and is subject to its data protection policy.

8. All information which is provided to the Operator shall be provided to the Society and to the Operator in its capacity as the Operator under the Operating Agreement and in its own capacity.

9. The Operator may continue to send e-mails to Members whose membership has expired or has not been renewed for a period of 12 months after the date their membership has come to an end but only in connection with encouraging them to renew their membership.

1. The Operator is committed to protecting the privacy of the Members. The following information relates to privacy in the collection personal information from Members by the Operator.

1. By making a payment, each Member becomes a Member of the Society. The Rules govern the relationship between the Society and its Members and the Operating Agreement governs the relationship between the Society and the Operator. 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

2. Members are only permitted to join the Society for personal use and cannot use it for commercial purposes, or for any other purpose which undermines or contradicts the objects of the Society. In particular, the Operator 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 football club or the Society.

3. Members are only permitted to use the Website whilst they are a Member, and subject always to the Rules and the terms of the Operating Agreement, and to these Terms and Conditions.

4. 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 the football club which is acquired by the Society; and (ii) it will not use any information disclosed by the Operator or the football club 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 football club. Each Member acknowledges that damages may not be an adequate remedy for a breach of this term and that the Society, the Operator and/or the Football Club may need to take out injunctive or similar relief if there is a breach of this term. This term applies to all Members whilst they are Members of the Society, and to all ex-Members who are no longer Members of the Society for a period of 12 months after they cease to be a Member.

1. Each payer represents and warrants to the Society and to the Operator on the date of payment and on each date that he or she remains a Member that he or she: (i) is over 16 years of age; (ii) is making or has made the payment from his or her own freely available funds, and that the payment is not being made on behalf of a third party; (iii) has read and understood the terms of the Rules, the Operating Agreement and these Terms and Conditions. The Society and/or the Operator on behalf of the Society 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

2. 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, the Society or the Operator 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

3. Each payer of a membership fee acknowledges and agrees that the payments are being used to fund the acquisition and management of a football club and associated costs and that no part of the said payment can therefore be refunded or repaid to the payer by the Society or by the Operator (save where a football club is not purchased, in accordance with the terms of Section A of these Terms and Conditions).

4. 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.

These Terms and Conditions are closely based on the T&C developed and used by BuyMeAFootballClub.com and adapted for MCMC use.