TERMS AND CONDITIONS

 

Eleven’s mission is to deliver excitement through football. We deliver fun and social entertainment experiences through football to people around the world. Eleven operates the website: (the https://www.eleven-game.com/ "Website").

 

In these Terms and Conditions, when we refer to "we", "us" or "our", we mean Eleven; and when we refer to "you" or "your" we mean you, the person accessing or using the Website.

 

Please read these Terms and Conditions and our Privacy Policy before using Eleven’s Services. These Terms of Service set out the terms and conditions that apply when you use our Services (described below). When you use our Services, you agree to be bound by these terms and conditions. If you do not agree to the terms and conditions, please refrain from using our Services/the Website.

 

1. INTERPRETATION 

“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.

 

“Services” means our games, products, services, content, Website, and/or other domains or websites operated by Eleven.

 

“Terms of Use” or “Terms” means these terms of service.

 

“User Content” or “User Generated Content” means all the data that you upload, transmit, create, or generate on or through the Services including but not limited to your in-game text and/or other content authored or designed by you.

2. CHANGES TO THESE TERMS 

We reserve the right at our discretion, to change, modify, add, or remove portions, of the Terms and/or Feature Terms at any time by amending this page. Please check this page regularly to take notice of any such changes as you will be deemed to accept them through your continued use of the Website.

 

3. CHANGES TO THE WEBSITE

3.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

3.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Feature Terms and that they comply with them.

 

3.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

 

3.4 You may only use the Website for your own domestic, private and non-commercial use.

 

4. AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

 

4.1 Eleven makes no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons. 

 

4.2 USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ELEVEN MAKES NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. ELEVEN DISCLAIMS ANY WARRANTIES OR TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. 

 

4.3 If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law. 

 

5. ADDITIONAL IMPORTANT RULES AND TERMS

 

If you use our Services, you must follow these terms and conditions and any other Feature Terms. If you access the Services from a social network, such as Instagram, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms. 

 

6.  ACCEPTABLE USE

 

6.1 Using our Services

 

You may not use our Services if:

(a) you cannot enter into a binding contract with Eleven;

(b) you are under 13 years of age (or under 16, if you are located in the European Economic Area (the ‘EEA’), in which case you must not use any of our Services, or submit personal information in the Services or to Eleven (for example, your name, your Instagram username, address, telephone number and/or email address).

 

If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms and Feature Terms. 

 

6.2 General

 

You agree not to:

 

  1. use the Website in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms and Feature Terms;

  2.  infringe our intellectual property rights or those of any third party in relation to your use of the Website (to the extent that such use if not licensed under these Terms and Feature Terms);

  3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;

  4.  use the Website by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Website for use within a third party website or application;

  5. collect or harvest any information or data from the Website or our systems or attempt to decipher any transmission to or from the servers running the Website;

  6. copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or

  7.  disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing.

6.3 Viruses

 

6.3.1 We do not guarantee that the Website will be totally secure or free from bugs, viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.

 

6.3.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not 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. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

 

6.4 Digital Content

 

We may suspend access to digital content at any time (and may have to do so, for example, to deal with technical adjustments). We may make updates and change to the digital content provided through the Website from time to time, including changing the content library and pieces of content available through the Website.

 

6.5 User Generated Content

 

6.5.1 If it is the case that you supply/upload/attempt to upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply/upload/attempt to upload ("User Generated Content") must comply with the following rules:

 

(a) it must not be obscene, abusive, pornographic, offensive, discriminatory or racist and it must not promote or propose hatred or physical harm against anyone;
(b) it must not harass or bully another person or is otherwise threatening or abusive;
(c) it must not be political or promote a political cause;
(d) it must not relate to or promote any entity whose business includes the sale of tobacco-related products;
(e) it must be true and honest so far as you know;
(f) it must not be defamatory of anyone;
(g) it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
(h) it must not contain someone else’s personal details or confidential information relating to other people; and
(i) it must not promote, condone or depict terrorism, violence or illegal behaviour.

 

6.5.2 Your User Content will be processed by Eleven in accordance with our Privacy Policy. You are solely responsible for securing backing up your content. 

 

6.5.3 Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all your ownership rights in your User Content, but you give Eleven a perpetual and irrevocable (other than as provided below or in our Privacy Policy), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare, derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content. 

 

6.5.4 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so. 

 

6.5.5 If you request deletion of your User Content, we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required. 

 

6.5.6 Where we provide an interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any interactive Service we provide.

 

6.5.7 The use of any of our interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

 

7. INTELLECTUAL PROPERTY

 

7.1 We are the owner or licensee of all intellectual property rights in the Website and its content, the Eleven name and mark and Eleven product names, images and packaging. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

 

7.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.

 

7.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs, and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted, or distributed or otherwise used in any way for any non-personal, public, or commercial purpose without our prior written permission of the owner.

 

7.4 Any communications or materials (including, without limitation, any User Generated Content) you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

8. NO RELIANCE ON INFORMATION

Reasonable skill and care has been used in producing the Website but it is only designed for general information purposes. No guarantee is given by us or our suppliers that the Website (including any statistics contained on the Website) is accurate, complete or up-to-date. We therefore disclaim all liability and responsibility arising from any reliance placed on the content of the Website by you, or by anyone who may be informed of the Website’s contents.

9. EXTERNAL LINKS

The Website contains links to other websites and services operated by parties independent to the us. We take reasonable precautions in selecting these however we do not endorse or take responsibility for the content or availability of these websites and cannot accept any liability for any material contained within them or for your use of them or any use of your personal data collected by their operators. If you decide to access linked websites you do so at your own risk and we encourage you to read the privacy statements applicable to each specific website.

 

10. PROMOTIONS AND THIRD-PARTY ADVERTISING

From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms.

 

Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it. 

 

Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer. Any charge or obligation you take on in dealing with these other companies is your responsibility. 

 

We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties. 

 

Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they collect from you. 

 

11. FEEDBACK AND UNSOLICITED IDEAS

We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to our Unsolicited Ideas.

 

12. OUR LIABILITY

 

12.1 We do not exclude our liability to you where it would be unlawful for us to do. For example, we do not exclude liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation.

 

12.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.

 

12.3 Nothing in these Terms affects your statutory rights. 

 

12.4 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

12.5 The Website may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the Website. 

 

12.6 Save as set out in clause 6.1 above, our maximum liability to you under these Terms and/or Feature Terms is limited to €100.

 

12.7 We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. If you decide to access linked websites, you do so at your own risk, and we encourage you to read the privacy statements applicable to each specific website. 

 

13. SUSPENSION AND TERMINATION

 

13.1 If you breach any of these Terms and/or Feature Terms, we may immediately do any or all the following (without limitation):

(a) issue a warning to you;
(b) temporarily or permanently remove any User Generated Content uploaded by you to the Website;
(c) temporarily or permanently withdraw your right to use the Website;
(d) issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
(e) take further legal action against you;
(f) disclose such information to law enforcement authorities as we reasonably feel is necessary to do so;
(g) refuse you entry to, eject or exclude you from our grounds;
(h) withdraw and/or suspend any and all rights and benefits conferred on you by the Ticketing Conditions of Issue;
(i) exclude you from any membership scheme maintained or organised by Eleven or an Eleven group company; and/or
(j) withdraw and/or suspend any and all rights and benefits conferred on you by the digital content terms (including by terminating your access to any digital content).

 

13.2 If we withdraw your right to use the Website, then:

(a) all rights granted to you under these Terms and/or Feature Termsshall cease; and
(b) you must immediately cease all activities authorised by these Terms and/or Feature Terms, including your use of any services provided through the Website.

 

13.3 If we exercise any of the rights set out in Clause 13.1, no compensation will be payable to you.

 

13.4 Eleven reserves the right to stop offering and/or supporting the Services or a particular game or party of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, Eleven is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for virtual items previously earned or purchased. 

 

13.5 ELEVEN MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND ELEVEN IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. This does not apply to users located in the EEA. If you are located in the EEA, we will endeavour to give you at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your Services.
 

14. OTHER IMPORTANT INFORMATION

 

14.1 Each of the clauses of these Terms and/or Feature Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

 

14.2 If we fail to insist that you perform any of your obligations under these Terms and/or Feature Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
 

15. GOVERNING LAW AND JURISDICTION

 

15.1 Before bringing a formal legal case, you must first contact our customer support team at [insert email address]. In the event that you and Eleven can’t resolve the dispute through customer service, you and Eleven both agree to litigate as described below. 

 

15.2 These Terms and Feature Terms are governed by Cyprus law. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith will be governed by English law.

 

15.3 You can bring proceedings in respect of these Terms in the Cyprus courts. However, as a consumer, if you live in another European Union member state you can bring legal proceedings in respect of these Terms and/or Feature Terms in either the Cypriot courts or the courts of that Member State.
 

15.4 As a consumer, if you are resident in the European Union and we direct this Website to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and/or Feature Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

 

16. SEPARATION OF TERMS

 

Each of the paragraphs of these Terms and Conditions and Feature Terms operates separately. If any part of these Terms and/or Feature Terms is not enforceable, the rest of these Terms and/or Feature Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible. 

 

17. ASSIGNMENT

 

We may give our rights, or our obligations, under these Terms and/or Feature Terms to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms and/or Feature Terms to anyone without first getting Eleven’s written consent, and any attempt to do so without our consent is void. 

 

18. LANGUAGE OF THE TERMS 

 

If we provide a translated version of these Terms or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies. This provision does not apply to users located in the EEA. 
 

19. NO WAIVER

 

If we do not enforce our rights under these Terms and/or Feature Terms that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms and/or Feature Terms, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

 

20. FORCE MAJEURE

 

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, pandemics, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials. This provision does not apply to users located in the EEA. 

 

21. CONTACTING US

 

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:

 

Email: email.play.eleven@gmail.com

 

Terms last updated 11 August 2021