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WUSA.com terms of use Your access to and use of WUSA.com ("Site") is subject to the following terms and conditions (“Terms Of Use”), including the WUSA Privacy Policy, and all applicable laws. Please read the Terms of Use prior to using the Site. Your access and use of the Site are conditional upon your agreement to these Terms of Use, which may be modified at any time without notice. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your use of the Site following the posting of any such changes will mean you accept those changes.
1. OWNERSHIP AND USE RESTRICTIONSWUSA.com is owned and operated by Women’s Professional Soccer, L.L.C. D/B/A Women’s United Soccer Association ("WUSA"). WUSA and its respective affiliates, investors, directors, officers, employees and shareholders shall be collectively referred to herein as the "Operators." The content on the Site (including, but not limited to, video, audio, photos, text, images, statistics, scores, logos (“Content”)) are owned by or licensed to WUSA. No Content may be reproduced, republished, uploaded, posted, transmitted, distributed, publicly displayed or otherwise used except as provided in these Terms of Use, without the express written permission of WUSA. You may download Content only to a single computer, only for your personal, noncommercial use, and only provided you retain all copyright and other proprietary notices contained therein. You may not, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any Content for public or commercial purposes on any other website or otherwise, without the written permission of the Operators. The WUSA name and logo and the names, url and logos of WUSA.com and the WUSA teams are the property of Women’s Professional Soccer, L.L.C. All other trademarks, logos and service marks appearing on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the express written permission of its owner. Operators neither warrant nor represent your use of Content.
2. REGISTRATION FOR USE OF CERTAIN FEATURESTo access certain features of the Site, you may be required to register with WUSA by providing certain information about yourself, including your name and e-mail address. In consideration of such access, you agree to: (a) provide true, accurate, current and complete information about yourself as requested. If you provide information that is untrue, inaccurate, not current or incomplete, or WUSA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WUSA has the right to suspend or terminate your password and refuse any and all current or future use of the Site. You may receive a password upon completing the registration process. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under it.
3. MESSAGE FEATURESThe Site may offer opportunities for you to send messages or postings in connection with various features including electronic mail, chats with special guests, and forums to communicate with other users about the sport of soccer ("Message Features"). To participate in any Message Feature, you may be required to provide your name and e-mail address.You must use Message Features in a responsible manner. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise inhibits any user from enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, defamatory, obscene, offensive, profane, or sexually explicit; (iii) constitutes, or encourages conduct that violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotion or commercial solicitation of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature. The Operators shall have the right, but not the obligation, in their sole discretion to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal or inappropriate. Depending on the nature of the violation, the Operators shall have the sole discretion to terminate your access to the Site. The Operators will cooperate fully with any law enforcement authorities or court order requesting or directing them to disclose personal information of anyone who submits a Message that violates the foregoing terms. Although the Operators may from time to time monitor or review Messages, the Operators are under no obligation to do so and assume no responsibility or liability arising from the content of any Message or for any error, defamation, omission, falsehood, obscenity, pornography, profanity, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operators. Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, nonconfidential. By submitting a Message to the Site, you acknowledge that any information disclosed therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the Operators described in paragraph 4 below. 4. SUBMISSIONS By transmitting any Message or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, "Submissions"), you automatically grant the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, "Rights"). Anything you submit to WUSA.com will be owned by WUSA and may be used by WUSA for any purpose, now or in the future, without any payment to you. All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operators. The Operators also have the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission. A. Solicited Submissions: The Operators may solicit Submissions from visitors to WUSA.com, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please see any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operators of the Rights. B. Unsolicited Submissions: Although we are pleased to hear from WUSA fans and welcome your comments regarding the Site and the WUSA, unfortunately, the Site's policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operators or WUSA might appear to be similar to your Submission(s). Accordingly, we must ask that you not send us any unsolicited Submissions. We assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future WUSA products or programs. In the event you submit unsolicited Submissions, such Submissions shall be deemed, the property of the Operators. The submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights.
5. THE ONLINE STORE ("STORE") AND ONLINE TICKETING FEATURE ("TICKETING FEATURE")The Site may provide a Store that allows you to order online products ("Merchandise"), supplied by independent merchandise vendors ("Vendors"). The Site may also provide a Ticketing Feature that allows you to order tickets for WUSA games supplied by the appropriate clubs. ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. WUSA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE OR THE TICKETING FEATURE, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE MERCHANDISE OR TICKETS. WUSA reserves the right to modify the price of any Merchandise. WUSA is not responsible for any error in copy or images relating to Merchandise or tickets.A. Purchasing; Price; Payment: To purchase Merchandise or tickets on the Site, you must provide your name, address, telephone number, e-mail address, credit card information and shipping address. Your ability to purchase merchandise is subject to limits established by your credit card issuer. WUSA may bill your credit card at the time merchandise is ordered or shipped, and the appropriate club or our ticketing vendor may bill your credit card at the time your tickets are ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. WUSA may in its sole discretion decline service to or terminate any account. Neither WUSA, its Vendor nor the Operators is responsible for and must not be held liable for any breaches in transaction security by any third party. Questions relating to the Store, Merchandise and its fulfillment should be directed to WUSA either by: (i) e-mail to lwhitman@WUSA.com; or (ii) telephone to Lauren Whitman at 212-869-8342. Questions relating to the Ticketing Feature, tickets and their fulfillment should be directed to 212-869-8558.
6. VOTESThe Site may offer you opportunities to vote in connection with certain events including, but not limited to, All Star Game balloting for WUSA. By casting a vote, you signify your agreement to all voting guidelines set forth on the Site as well as in these Terms of Use.
7. LINKSThe following restrictions (“Linkage Restrictions”) apply to all links to the Site.A. Sites licensed by or substantially associated with any entity that regularly promotes any product, brand or service ("Commercial Site") may not link to WUSA.com without the written permission of WUSA, even if the page/area where the link originates does not promote a product, brand or service. B. Sites, other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites) ("Permissible Sites") may link to WUSA.com without the express written permission of WUSA if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "WUSA.com," or "The Official Site of WUSA"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link. C. The WUSA.com logo or any other logo of WUSA or its teams (a "logo" link) may not be used to link to WUSA.com without the written permission of WUSA. D. No link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics. E. All links to the Site from a Permissible Site must be to the Site's home page or to the homepage of a particular team. Links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) other than to the home page of a team are not permitted. F. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITYWhile the Operators use reasonable efforts to include accurate and up-to-date information in the Site, the Operators make no warranties or representations as to its accuracy and assume no liability or responsibility for any errors or omissions in Content.The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in any particular country, state, province, county or any other jurisdiction. If you choose to access the Site, you accept the risk and are responsible for compliance with all applicable laws. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. THE OPERATORS ARE NOT LIABLE FOR ANY CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES. YOU USE THE SITE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNAUTHENTICITY OF ANY CONTENT, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT. IN NO EVENT SHALL THE OPERATORS' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY. The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third party site or content. The Operators are not responsible for the availability of these third party resources, or their contents. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within them, and you hereby revoke any claim against the Operators with respect to such other sites. Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. The Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.
9. AGENT FOR CERTAIN CLAIMS OF COPYRIGHT INFRINGEMENT.Pursuant to Title 17, United States Code, Section 512(c)(2), WUSA has designated to the U.S. Copyright Office the following agent to receive notifications of claimed copyright infringement relating to the Site.
Rob Kaler
10. INDEMNIFICATIONYou hereby agree to indemnify and hold Women’s Professional Soccer, L.L.C, its member teams, WUSA.com, and each of their respective general and limited partners, members, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including, but not limited to use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Use.
11. TERMINATION OF SERVICEThe Operators may change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, or Content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operators' respective businesses, or to other information providers. Upon any termination of this agreement, you will immediately discontinue your use and access of the Site and destroy all Content.
12. MISCELLANEOUSThese Terms of Use constitute the entire agreement between you and WUSA, and supersede all prior and contemporaneous written or oral agreements, or communications with respect to the subject matter herein between you and WUSA. The Operators in their sole discretion may amend these Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Use are for convenience only and must not be given any legal import. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
LAST UPATED: June 6, 2001 These Terms of Use shall be construed under the laws of the State of New York, without regard to its conflict of law principles. Any litigation relating to these Terms of Use or the Site shall be maintained in a federal or state court located in the County of New York, State of New York, and in any such litigation you hereby waive any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum. |
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