You must not access the Site or accept these Terms if you are a person who is either barred or legally prohibited from receiving or using the Site under the laws of the country in which you reside or from which you access or use the Site. You must be at least thirteen (13) years of age to access the Site and/or contribute any content.
We may discontinue or change the Site or features related to the Site at any time and without notice. You agree to be bound by any changes by continuing to use the Site, on your own behalf and on behalf of any minor. You agree, on your own behalf and on behalf of any minor, that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
If you do not accept changes, you should stop using the Site.
BETA TESTING PHASE
The Site and services are currently a Beta release offering and are not at the level of performance of a commercially available product offering. The Site and services may not operate correctly and may be substantially modified prior to the first official commercial release, or at Company’s option may not be released commercially in the future. The Site, services provided on the Site, and documentation on the Site are provided “as is” without warranty of any kind, and company and its licensors disclaim all warranties, express, implied or statutory, including without limitation any implied warranty of title, non-infringement of third party rights, merchantability, or fitness for a particular purpose. No oral or written advice or consultation given by the company, its agents, employees, directors, shareholders or consultants will give rise to any warranty. The entire risk arising out of the use or performance of this service remains with the recipient thereof. The Company reserves the right to add, remove or change features during the Beta testing phase of the Site and services, and/or change its Beta testing policies at any time without notice.
As the user of the Site or recipient of the services provided during the Beta testing phase, you acknowledge that errors or failures may occur, and hereby agree to hold the Company, its affiliates, directors, employees and shareholders harmless with respect to any liability, damages or claims arising from any such failure of the Site, services or content contained thereon.
The Site and services are currently offered as a Beta, pre-release version only. In this Beta version under this Agreement, the Company makes the use of the Site and system available to you at no cost. The Company may elect to start charging for the use of some or all Site functions or services at any time, in the Company’s sole and exclusive discretion. The Company may elect at any time to maintain, destroy, remove or modify any accounts, user profiles, user generated content, or other material or services created or used during the Beta testing phase at any time.
The Company may adjust or modify the cost and pricing of the Site, services or functionalities made available as part of the Beta program at any time. The cost and pricing of any future or additional new value-added features or services may be determined or modified by the Company at any time, in the Company’s sole and exclusive discretion. Any future or additional services, if provided, may be subject to separate terms.
By using the Site, you confirm you are 13 years of age or older. Children under the age of 13 are prohibited from using the site. Parents and/or guardians are authorized to create an account on behalf of a minor under the age of 13, so long as the parent/guardian retains exclusive control and use of the account.
You agree that if your computer, Internet-enabled device, Internet connection, and/or facilities (whether owned, leased, or borrowed) access or assist users in accessing the Site, you will not allow or assist, knowingly or unknowingly, children under 13 years old to access the Site. You agree that if you do allow or assist children under 13 years old to access the Site, you will assume full liability for any consequences resulting therefrom, including but not limited to violations of federal and/or state laws, and that under no circumstances (including, but not limited to, negligence) will Football.com, any third-party content provider, or their respective agents be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of or inability to use the Site by users under 13 years of age, even if such party has been advised of the possibility of such damages.
The Site is provided only for personal and non-commercial use. You may use the Site for lawful purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, reverse engineer, transfer or sell any information, content, software, products or services obtained from the Site, unless express permission has been granted by Football.com in writing.
You may not use our Site:
1. For your own commercial gain;
2. To offer any form of advertising or promotion without our prior written consent; or
3. To provide any false personal information or any information, content, or material on account of anyone other than yourself, or your child, without permission.
By using our Site, you agree on your own behalf:
2. To not share or transfer your password, username or account to others; and
3. That if you have established an account on behalf of a minor under the age of 13, that you are solely responsible for managing and using that account.
You may not use the Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Site to violate the terms of this section. We may terminate your access or use of the Site immediately and take other legal action if you, or anyone using your access to the Site, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
If you select a username, we reserve the right to remove or reclaim it if we believe it is appropriate to do so.
Certain areas of the Site may enable users to post photos, comments, send emails, or otherwise provide information or content to Football.com or other persons. You remain fully responsible for the materials that you provide to us or others, including without limitation information, audio recordings, photographs, documents, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us or others (“User Content”). You agree not to provide User Content that:
Infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
Violates a person’s right to privacy or publicity;
Contains advertising or a solicitation of any kind;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
Contains epithets or other language or material intended to intimidate or to incite violence; or
Violates any applicable local, state, national, or international law, or advocates illegal activity.
If the Site permits you to post or publish User Content, you may only post User Content that is original and that you have the right to post. By submitting User Content, you warrant and guarantee that you have authorization to post such content, including consent of all individuals portrayed in the User Content, and agree to indemnify us, as detailed in the Indemnification section below, for any claims related to User Content you post.
By submitting User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, display, perform, edit, adapt, modify, translate, create derivative works, make, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
We are not obligated to publish or use your User Content. Football.com is not in any manner endorsing any User Content that it may publish or post on the Site and cannot, and will not, vouch for its reliability. Football.com is not responsible for any User Content and has no duty to monitor the User Content posted on the Site. You use any information contained in User Content or Football.com Content at your own risk. Football.com and its designees have the right, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Site (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Site, any use by you of the Site, any User Content on the Site, or these Terms. You will not continue to post any User Content that Football.com has previously advised you not to post.
If you are a parent or legal guardian agreeing to these rules for the benefit of an individual under the age of 18, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
If you are using this site to create a parent/guardian account on behalf of a minor under the age of 13, you agree that you are the parent and/or guardian of the minor, and that you have obtained all necessary or applicable permissions and consents relating to the posting of content involving the minor.
You may be asked to register for certain activities in connection with the Site. When you register, you agree to provide accurate, current and complete information about yourself and/or (if applicable) your minor as requested or directed and to promptly update this information to maintain its accuracy. Football.com has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select or that is associated with members of your team, and you are responsible for all activities that occur under your password or Team membership.
All content, information, materials, computer code, and software that are part of the Site other than your User Content (collectively, the “Football.com Content”) is the property of Football.com or third parties. You may access, use and display the Site on a single computer or device and download and print copies of the Football.com Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
Copyright and Other Intellectual Property Rights. The Football.com Content is protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights in the Site are owned by Football.com or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Football.com Content except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Football.com Content. To obtain written consent to use a copyrighted work, please contact us using the information in Section 18. Copying or downloading these materials for anything other than your personal use is a violation of these Terms.
Trade and Service Marks. All rights in product names, the Football.com name, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Football.com products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Football.com or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Football.com, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of Football.com, please contact us using the information in Section 18.
Notice of Infringement. Football.com respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Site in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing to Football.com’s Copyright Agent under the Digital Millennium Copyright Act (“DMCA”):
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number, and email address, so that we may contact you if necessary;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may notify our designated copyright agent either by mail to Football.com, Attention: Legal, Three Point Productions, LLC, 24800 Chrisanta Dr Mission Viejo, CA 92691, USA or via email at email@example.com. Only copyright complaints should be sent to the attention of the Copyright Agent. All other feedback or comments should be addressed to firstname.lastname@example.org. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
LINKS TO THIRD PARTY WEBSITES
Any dealings with third parties conducted through the Site or Linked Sites, including the delivery of and the payment for goods and services and/or the collection, use and disclosure of personally identifiable information, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. Football.com shall not be responsible or liable for any part of any such dealings.
EMAIL NOTIFICATIONS, PUSH NOTIFICATIONS AND SMS/MMS MESSAGES
As part of the services offered on the site, Football.com may send reminders, alerts, advertising, marketing information (further referred to as 'notifications'), or critical service-related notifications via SMS or MMS text message, ("Mobile application") push or email to its users, and you acknowledge and consent to the receipt of such messages and the content contained therein. Football.com may use any carrier for SMS or MMS message delivery, including but not limited to: Cellular One, Sprint, Verizon Wireless, Unicel, Virgin Mobile USA, Boost, T-Mobile, Cincinnati Bell, AT&T, ALLTEL, and U.S. Cellular.
You hereby certify that you are the account holder of the mobile phone number provided to Football.com or that you have the account holder's express permission to use the specified phone and/or email account to receive text messages about your account with Football.com or the services provided by Football.com.
Regular message and data rates may apply to all SMS/MMS notifications received. Your acknowledge that your carrier will bill you for the cost of all such data usage relating to the receipt of SMS/MMS notifications. Your relationship with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any disputes involving charges for data or text usage must be directed to your carrier, not Football.com.
By using the Football.com service, you agree to assume all responsibility for the content of any SMS/MMS push notification or email notification received from Football.com. Additionally, to the extent you utilize the site to send or receive email or SMS/MMS notifications to any other user or third party, and such notification contains any content or attachments, you agree (i) to assume all responsibility and liability for the content of the same, (ii) to release Football.com from any liability with respect thereto, and (iii) that any such notifications sent by you or on your behalf do not contain any profane or obscene langauge or content.
You may opt out of receiving SMS/MMS text messages or push notifications at any time. (In the case of Push notifications the user must choose to stop receiving within their mobile phone). To stop the messages from coming to your phone, you may opt out of receiving SMS/MMS by texting the word "STOP" to _________. You will then receive a one-time opt-out confirmation text message, and after that, you will receive no future SMS/MMS messages. Alternatively, you may also email us at any time at _______________.com for assistance in receiving or opting out of receiving SMS/MMS messages or email notifications.
THE SITE, INFORMATION, CONTENT, USER CONTENT AND MATERIALS ON OUR SITE OR PROVIDED THROUGH OUR SITE WHETHER BY US OR THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, APPLICATION OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR THE SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.
WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR SITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE . WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.
YOU, ON YOUR OWN BEHALF AND/OR (IF APPLICABLE) ON BEHALF OF ANY MINOR, HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR SITE, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES, (C) THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION COLLECTED BY OR PROVIDED TO OUR SITE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, WHETHER ON YOUR OWN BEHALF OR (IF APPLICABLE) ON BEHALF OF A MINOR, IS TO DISCONTINUE YOUR USE OF THE SITE.
FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE. NOTWITHSTANDING ANY LEGAL PROVISION TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU ON YOUR OWN BEHALF AND/OR ON BEHALF OF ANY MINOR FOR WHICH YOU ARE RESPONSIBLE, FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE SHALL IN NO EVENT EXCEED $100.
AS THE SERVICES ARE PRE-RELEASE AND OFFERED AS BETA ONLY AT THIS TIME, THIS PROVISION FORMS AN ESSENTIAL PART OF THIS AGREEMENT.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or a minor for whom you are responsible of these Terms or claims arising directly or indirectly from your use or misuse of the Site of that of any minor for whom you are responsible. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
We make no representation that any content of the Site is appropriate or available for use in locations outside the United States. Accessing the Site from territories where the content is illegal is expressly prohibited. If you choose to access the Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transition of technical data exported from or imported to the country in which you reside. Notwithstanding the foregoing, Football.com makes no representation that materials on or in the Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is expressly prohibited.
CHOICE OF LAW; RESOLVING DISPUTES
You agree that the laws of the state of California, U.S.A. govern all matters arising out of the Terms, without giving effect to any conflicts or choice of law principles that would require the application of the laws of a different jurisdiction. Any dispute or claim arising out of or in relating to the Terms, or the interpretation, making, performance, breach or termination thereof, will be finally settled by the courts of California, U.S.A. and of any federal or state court with jurisdiction located in California, U.S.A. You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The parties agree that all disputes will be adjudicated by a single judge sitting without a jury and you and we agree to a waiver of any and all rights to a trial by jury. You also agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Please note that by agreeing to these Terms you are on your own behalf or on behalf of any minor:
1. Waiving claims that you might otherwise have against us, based on the laws of other jurisdictions, including your own;
2. Irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in the United States and the District of Columbia over any disputes or claims you have with us;
3. Submitting yourself to the personal jurisdiction of courts located in the United States, District of Columbia, for the purpose of resolving any such disputes or claims; and
4. Agreeing that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Site must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.
GENERAL TERMS; SEVERABILITY & INTEGRATION; NO WAIVER
This contract and any supplemental terms, policies, rules, and guidelines posted on the Site constitute the entire agreement between you, on your own behalf or on behalf of any minor, and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable under the law of the United States or any U.S. jurisdiction or under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provisions. The failure by either party to assert their rights hereunder shall not be deemed a waiver of those rights. Any waiver of any provision by us must be in writing and signed by Football.com to have effect.
TERM AND TERMINATION
The Term of this Agreement is from the date that you accept this Agreement until it is terminated, as described below.
Your right to use the Site shall automatically terminate if you or any minor for whom you are responsible violate the Terms or any rules or guidelines posted in connection with the Site or the services.
If you are dissatisfied with the services, your sole and exclusive remedy is to cease use of the Site and services and notify the Company of your intent to deactivate your account and/or user profile.
The Company reserves the right to terminate or suspend your right to use all or a portion of the Site, services, or any component thereof for any reason, with or without notice. In the event of such termination or suspension, you acknowledge that the Company has no obligation to notify you of the same.
CONTACT INFORMATION; NOTICE
If you have any questions or comments, or wish to send us any notice regarding these Terms or the Site, please send an email or notice to:
Three Point Productions, LLC, 24800 Chrisanta Dr, Mission Viejo, CA 92691
Contact Title: Counsel
Web address: www.football.com