Terms of Service

Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website and interface located athttps://cmtracker.net/ (the “Site” or “CMTracker”) offered by Omega Front (“Omega Front,” “we,” “our”). To make these Terms easier to read, the Site and our services are collectively called the “Services.”

1. Agreement to the Terms

1.1. By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you are not authorized to use the Services and you must discontinue the use immediately.

1.2. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Privacy Policy

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Access to the Services and Subscription Plans

3.1. The Site allows for different levels of access to Services:

• (a) The basic level of access to Services is granted even if the user is not registered on the Site.
• (b) The medium level of access to Services is granted upon successful registration on the Site.
• (c) The higher level of access to Services is granted upon successful registration on the Site and purchase of a Subscription Plan (as defined below).

3.2. In order to successfully register your account on the Site, we may request you to provide us with certain information, such as an email address, a password, and a username.

3.3. On the Site, users can purchase one or more subscription plans to have access to the Services (the “Subscription Plans”). The information about pricing and conditions of the different Subscription Plans is detailed on the subscription page of the Site.

3.4. Users who subscribe to a Subscription Plan are allowed to access the relating Services on the Site for the timespan detailed in the Subscription Plan itself they have subscribed to.

3.5. Users can pay for the Subscription Plans using the payment options allowed from time to time by the Site.

3.6. You will be billed in advance on a recurring, periodic basis (“Billing Cycle”), which is set on a monthly or annual schedule.

3.7. At the end of each Billing Cycle, your Subscription Plan will automatically renew under the same conditions unless you or we cancel it. You can cancel your Subscription Plan renewal through your online account management page or by contacting us.

3.8. You can only register one account on the Site. We will take actions to limit the spread of multiple accounts created or managed by the same person, which may seriously affect the functioning of the Site or negatively influence the experience of other users. For this reason, we will investigate the IP addresses, the registered email addresses, and any other elements useful to determine when the same user has created or manages multiple accounts.

3.9. We have the right to ban any registered account when we have a reasonable suspicion that such account has been created or is managed by a user who is already managing an active account. In the event that your account is banned because of this reason, you are not entitled to any reimbursement.

4. Services

4.1. The specific Services offered on the Site (according to the basic, medium, and high levels of access) are those indicated on the Site itself. Please beware that we may amend the Services as per article 5 below.

4.2. Among the rest, the Site allows users – upon purchase of a higher level of access to Services – to upload certain files that the users download from EA Sports FC, a video game developed by Entertainment Arts Inc. (so-called “Career File”), and read them in human language.

5. Changes to the Terms and/or Services and/or Fees

5.1. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or by direct contact via email. It’s important that you review the Terms whenever you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may amend or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

5.2. We, in our sole discretion and at any time, may modify the fees for the Subscription Plans. Any change to the fees for the Subscription Plans will become effective at the end of the Billing Cycle.

5.3. We will provide you with reasonable notice prior to any change in the fees for the Subscription Plans to give you an opportunity to terminate your Subscription Plan before such change becomes effective.

5.4. If you continue to use the Services after the change of the fees becomes effective, it means that you accept and agree to the changes.

6. Eligibility

6.1. By accessing the Site, you declare that you are older than 18 (eighteen) years old or, if you are a minor, that you have the permission of and are directly supervised by your parents or guardians to use the Site.

6.2. The funds you use to access the Services are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law.

6.3. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that such individual has the authority to bind you to these Terms and you agree to be bound by these Terms.

6.4. You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and account. You agree to accept responsibility for all activities or actions that occur under your account and password, whether with our Service or a third-party service. You must notify us immediately if you become aware of any security breaches or unauthorized use of your account.

6.5. You may not use a username that belongs to another person or entity, is not lawfully available for use, or is a name or trademark subject to another's rights without appropriate authorization. Additionally, you may not use a username that is offensive, vulgar, or obscene.

6.6. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

7. Compliance

7.1. The Services are only available to users in certain jurisdictions where the use of the Services is permitted under applicable law.

7.2. You guarantee that you will comply with all applicable laws (e.g., local, state, federal, and other laws) when using the Services.

7.3. If you access or use the Services outside the European Union, you are solely responsible for ensuring that your access and use of the Services in such country, territory, or jurisdiction does not violate any applicable laws.

7.4. You must not use any software or networking techniques, including the use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where our Services are accessed from.

7.5. We reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses, and unique device identifiers or to any user who we believe is in breach of these Terms.

7.6. In any case, we are not responsible for your violations of the applicable law, and we will use our best effort to contact and assist the authority in regard to any violation of the law committed by the users through the Site.

8. Unauthorized Access

8.1. You may not access or utilize the Site and/or Services for the purpose of web crawling, web harvesting, data mining, data extraction, scraping, or aggregating information, including without limitation listings and smart contracts available on or through the Site and/or Services, or similar activities without our prior written consent in our sole discretion.

8.2. Users who wish to engage in any of the activities listed under paragraph 8.1 above must contact us at contact@omegafront.com to obtain our prior approval and an application programming interface (the “API”) to legally access our servers.

8.3. We will evaluate the requests under paragraph 8.2 as they are received and we will use reasonable business efforts to respond within fourteen (14) days. Upon approval, we will issue the API. Failure to respond constitutes disapproval. We reserve the right to implement testing and maintenance of the API at our sole discretion. Engaging in any of the activities referenced in the first sentence of this paragraph without prior authorization is a prohibited material breach of these Terms and may subject violators to legal liability.

9. Feedback

9.1. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”).

9.2. You acknowledge that we are under no obligation to take any action regarding the Feedback. You acknowledge that the power provided to you under paragraph 9.1 above does not imply an obligation for us to implement, incorporate, or accept in the development of the Site Feedback given by the user.

9.3. We have no constraint or impediment in developing one or more features or making changes to existing elements of the Site, including changes or new features that have been suggested by the user.

9.4. You acknowledge and agree that if one or more features and/or modifications to the Site suggested by you are developed by us, we shall be the sole owner of such features and/or modifications, the derivative works thereof, and any related software products developed, with respect to which the User shall have no claim.

10. Prohibited Activities

10.1. You agree not to do any of the following:

• (a) Post, upload, publish, submit, or transmit any content that:
  • (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
  • (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • (iii) is fraudulent, false, misleading, or deceptive;
  • (iv) is defamatory, obscene, pornographic, vulgar, or offensive;
  • (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  • (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity;
  • (vii) promotes illegal or harmful activities or substances.
• (b) Use, display, mirror, or frame the Services or any individual element within the Services, Omega Front name, any of our trademarks, logos, or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
• (c) Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers.
• (d) Attempt to probe, scan, or test the vulnerability of any of our systems or network or breach any security or authentication measures.
• (e) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services.
• (f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers.
• (g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation.
• (h) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
• (i) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information.
• (j) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
• (k) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail- bombing the Services.
• (l) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
• (m) Impersonate or misrepresent your affiliation with any person or entity; create or list counterfeit items or content.
• (n) Engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Services).
• (o) Engage in wash trading, front running, pump and dump trading, ramping, cornering, or other deceptive or manipulative trading activities.
• (p) Disguise or interfere in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services.
• (q) Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity.
• (r) Violate any applicable law or regulation.
• (s) Encourage or enable any other individual to do any of the foregoing.

10.2. We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. Intellectual Property

11.1. Except as otherwise provided in these Terms, we grant you a limited, non-exclusive, non- sublicensable, revocable, and non-transferable license to access and use the Site in accordance with these Terms. All rights not expressly granted by these Terms are expressly reserved to us.

11.2. The intellectual property rights of the Site, as well as the “Services”, the Services logo, and all other trademarks, service marks, graphics, and logos used in connection with the Site or our Services are the property of Omega Front, which holds the exclusive right to exercise the rights of exploitation in any way, in particular, but not limited to, the rights of reproduction, distribution, publication, and transformation, in accordance with Italian law on intellectual and industrial property rights.

11.3. Certain trademarks, service marks, graphics, and logos used in connection with our Services may belong to third parties. In particular, all the trademarks, graphics, logos, and marks of EA Sports FC belong to Electronic Arts Inc.

11.4. The authorization to access the Site granted by Omega Front to the user may not be interpreted as a waiver, assignment, licensing, or in any case even partial assignment by Omega Front to the user of any intellectual or industrial property right. Omega Front prohibits the user from modifying, copying, reusing, exploiting, reproducing, publicizing, uploading files, mailing, transmitting, using, processing, or distributing in any way all or part of the content of the Site even for advertising and/or commercial purposes, except in the case of a written agreement between the user and Omega Front.

11.5. We do not hold any rights in relation to the Career Files, and we are not responsible for the use that users make of the Career Files. We merely allow users to upload such files on the Site to read the content of the Career Files in human language.

12. Notification of Violation of Law and/or Intellectual Property

12.1. If you believe that one or more pieces of content uploaded on the Site is violating any law and/or your intellectual property, you may submit a notification to us by sending an email to the following address contact@omegafront.com with the following written information:

• (a) The reference to the content uploaded on the Site;
• (b) The indication of the intellectual property law that you believe is violated or the indication of the reasons why you believe that such content is violating the law;
• (c) Your email address.

12.2. Should we believe that an account has violated the law (e.g., copyright), we may act accordingly by suspending or deleting the account as per article 18 below and/or reporting to the competent authority.

13. Exclusion Right of Withdrawal and Refund

13.1. Without prejudice to paragraphs 3.6 and 5.3 above, you acknowledge and agree to the exclusion of the right to withdrawal from the Services and refund of the fees.

13.2. We may allow the refund of the paid fees by the users in case of withdrawal within five (5) days from the payment of the related fee.

14. Links to Third-Party Websites

14.1. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

14.2. Nothing herein nor any use of our Services in connection with third-party services constitutes our endorsement, recommendation, or any other affiliation of or with any third-party services.

14.3. We are not responsible for third-party advertisements displayed on the Site. Nevertheless, should we believe that such advertisements violate the law or create damage to our image, we may act accordingly (e.g., remove the advertisement from the Site, contact the competent authorities).

15. Duration

15.1. These Terms shall be effective from the first access to the Site under article 3 above and until cancellation of the user profile for any reason.

15.2. In the event of account cancellation, we will cease to provide the Services.

16. Termination

We may suspend or terminate your access to and use of the Services at our sole discretion, at any time and without notice to you. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law, upon any termination, discontinuation, or cancellation of the Services.

17. Disclaimer

17.1. The Site is provided on an "as is" and "as available" basis, without any warranties or conditions, whether express or implied. We do not guarantee that the services:

• (i) will meet users’ requirements;
• (ii) will be available without interruptions, in a timely manner, securely, or free of errors;
• (iii) will be accurate, reliable, complete, legal, or safe.

We explicitly disclaim all other warranties or conditions, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, to the maximum extent allowed by applicable law, concerning the Services and any content therein.

17.2. We do not affirm or guarantee that any content on the Site is accurate, complete, reliable, current, or error-free. We will not be held liable for any kind of loss resulting from actions taken or reliance on material or information found on the Site. While we strive to ensure the safety of users’ access and use of the Website and its content, we cannot guarantee that the Site or any content therein is free of viruses or other harmful components. The security of any data that users disclose online cannot be assured. By providing information and engaging in online activities over the internet, users acknowledge and accept the inherent security risks and agree not to hold us responsible for any security breaches.

17.3. The Site may be unavailable due to various factors, including but not limited to periodic system maintenance (whether scheduled or unscheduled), acts of nature, unauthorized access, viruses, denial of service, or other attacks, as well as technical failures of the Site and/or telecommunications infrastructure. Therefore, we explicitly disclaim any express or implied warranty regarding the use and/or availability, accessibility, security, or performance of the services influenced by such factors. We do not provide any assurances or warranties against the potential for deletion, misdelivery, or failure to store communications, personalized settings, or other data.

17.4. We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of the Services, including but not limited to any losses, damages, or claims arising from:

• (a) User error such as forgotten passwords;
• (b) Server failure or data loss;
• (c) Corrupt files;
• (d) Unauthorized access to Services; or
• (e) Any third-party activities, including without limitation the use of viruses, phishing, brute-forcing, or other means of attack.

18. Limitation of Liability and Cancellation of User’s Content

18.1. Without prejudice to article 1229 of the Italian civil code, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site.

18.2. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us.

18.3. We are not responsible for the content that users may upload on the Site and are not subject to a general duty to monitor the content uploaded on the Site.

18.4. Nonetheless, we may unilaterally decide to delete and/or obscure content uploaded on the Site by a user if we believe that such content may violate any applicable law.

19. Content Moderation

The Site may allow users to post comments under other users’ information, posts, or profiles. We may enable procedures for the moderation of users’ content. This includes our rights (i) to unilaterally decide to delete users’ posts that we deem contrary to the law or potentially damaging to us and/or other users and/or (ii) to report any suspicious activity to the competent authority.

20. Miscellaneous

20.1. These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.

20.2. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

20.3. We may assign any or all of our rights and obligations to others at any time.

20.4. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20.5. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or the use of the Site.

20.6. You agree that these Terms will not be construed against us by virtue of having drafted them.

20.7. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

21. Governing Law and Jurisdiction

These Terms will be governed by, and construed and interpreted in accordance with, the laws of Italy, without regard to the conflicts of laws principle, and the parties hereto submit to the exclusive jurisdiction of the courts in Italy.