Terms and Conditions
Updated as of November 1, 2018.
PLEASE NOTE: Eligibility. Membership is void where prohibited. Fans may not register with the Services unless: (a) all registration information you submit is accurate, current and complete; (b) you agree to maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Participation in the Services includes, but is not limited to, postings to or other forms of participation with forums, blogs, groups, comments, chats, or the submission of photos, videos or other content ("Participation"). Any content generated by a User involving the use of any functionality of a Website is referred to as "User-Generated Content."
Any User-Generated Content may be deleted and your registration may be cancelled without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. You may not engage in any form of Participation on behalf of another person and if we believe you have, we reserve the right to remove it.
We may also offer other services from time to time that are governed by different terms and conditions of use. You will be provided with a copy of such terms and conditions of use prior to you contracting to receive such services. The Services are based in the United States. By using the Services and/or by submitting personal information to the Services, you consent to having your information transferred to the United States and being processed and maintained in the United States, subject to applicable U.S. laws. U.S. laws may be different than the law of your home country.
COPYRIGHT, OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
All materials contained on the Services are the copyrighted property of the Company and its affiliates and/or our third-party licensors. All trademarks, service marks and trade names, as well as the names of our talent, are proprietary to the Company or its affiliates and are protected by state, federal and international trademark laws.
The textual, photographic, video, audio and combined audiovisual programs and products resulting from our events, including the material contained in the Services, are protected under United States and international copyright laws as copyrighted works. No materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
Anyone who displays, reproduces, copies, creates derivative works or sells our textual, photographic, video or audiovisual programs for commercial or non-commercial purposes without our permission violates the copyright laws and is liable for copyright infringement. Any person who uses our marks or any similar marks in such a way that it dilutes the distinctive quality of the marks or that creates a likelihood of confusion with the marks for commercial purposes without our permission on goods or for services is liable for trademark infringement.
If you download software or applications from the Services, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the "Software") are licensed to you by us or our third-party licensors for your personal, non-commercial home use only. Any commercial or public use, including but not limited to use in any commercial premises and/or Software, is strictly prohibited.
We do not transfer title to the Software to you, and we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights in the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce any of the Software to readable form.
To protect the security of your payment information in transmission, we employ reasonable technological measures including, where appropriate, Transport Layer Security technology (formerly referred to as secure socket layer technology (SSL) technology). When appropriate, we also may encrypt your payment information when we store your order and whenever we transfer that information to participating vendors or take other appropriate steps to protect the security of your personal information.
Please keep in mind that whenever you provide personal information online - for example, via message boards or chat - that information can be collected and used by people you don't know. While we strive to protect your personal information, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. You may not use or attempt to use the Services to collect personal information about other persons or in any other manner that is inconsistent with another person's privacy or personal data protection rights.
When you register as a Fan or when you register for certain Services, you will also be asked to choose a username, password or other identification information intended to restrict access to Participation and to otherwise protect your Membership from unauthorized access. You are entirely responsible for maintaining the confidentiality of your password and other identification information. You agree not to use the account, username, password or other identification information of another Fan at any time or to disclose your identification information to any third-party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your identification information. You are solely responsible for any and all use of your account. For the protection of Fans, we reserve the right to require or install revised account access procedures or applications at any time even though this may temporarily block access to certain parts of the Services.
MONITORING OF SERVICES
We expressly reserve the right to monitor any and all uses of the Services. However, we are under no obligation to do so, and we assume no responsibility or liability arising from our doing so or failure to do so. We assume no responsibility or liability arising from or relating to the content of any transmissions by third-parties to or through the Services or for any error, omission, defamatory or libelous statement, falsehood, obscenity, pornography, profanity or inaccuracy contained in any information transmitted by third-parties to or through any location on the Services.
At times, we may solicit from Visitors to the Websites information that includes but is not limited to, creative ideas, concepts, know-how, techniques, suggestions, ideas, artwork or other materials. Of course, Visitors to a Website may have the ability to submit information of this type to us even if we do not solicit it. Collectively this type of information, whether solicited by us or not, and whether or not posted to this Website or any other Website, is referred to as "Submissions".
We do not want any video Submissions which involve stunts, tricks, or maneuvers that replicate, mimic, or portray in any fashion, the activities undertaken by our athletes or personnel. We would like to remind you that our talent are trained sports figures. You should never try to emulate what they do.
By submitting any Submission, whether solicited by us or not, you are automatically granting us an ownership right and a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to sell, rent, transfer, sub-license, use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, display or otherwise utilize 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").
This grant of Rights means that all Submissions will be owned by us and may be used by us for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of the Company. We also have the right, but not the obligation, to use your name or the name of any entity owned or controlled by you in connection with the broadcast, print, online or other use or publication of your Submission. 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 products, services or programs. In submitting a Submission to us, you represent that you have no reasonable basis to believe that the use of any such Submission by us would infringe upon the rights of any third-party.
Please exercise discretion while browsing the Internet or using the Services. You should be aware that while using the Services you could be directed to other web sites by links and other features found on the Services. If you click on those links or other features, you may be visiting a web site or service that is not owned or operated by the Company and over which we have no control. For example, if you click on a banner advertisement, the click may take you to the web site of a company that is not related to us and over which we have no control. This includes links from advertisers, sponsors, content partners and other users that may use our logo(s) as part of a co-branding or affiliate agreement. These other web sites or services may collect data, solicit personal information and generate cookies on your computer in a manner different from our Services. These other web sites or services may also contain information that you may find inappropriate or offensive.
We are not responsible in any way for the content or availability of information found on any web site or service owned by a third-party that may be linked to a Website by a hyperlink, whether such hyperlink is provided by us or by a third-party. By providing access to third-party web sites or advertisements, we are not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third-party web sites or services linked to the Services. We cannot ensure that you will be satisfied with any products or services you purchase from a third-party that links to or from the Services or that you purchase through third-party advertising or content on the Services. We do not make any representations or warranties as to the security of any information (including, without limitation, payment information and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third-party web sites, including third-party web sites or services accessible by links from the Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
THE MATERIALS AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY FAN PAGE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
We are not responsible for and make no warranties, express or implied, as to the User-Generated Content appearing on any Website or the Services, whether actually or apparently provided by Registered Fans or by any of the equipment or programming associated with or utilized in the Services. You post User-Generated Content to the Services at your own risk. Although we provide privacy settings that limit access to your profile, no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your User-Generated Content. We cannot and do not guarantee that your User-Generated Content will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. Even after removal, copies of User-Generated Content may remain viewable in cached and archived pages or if other Users have copied or stored your User-Generated Content. User-Generated Content appearing on the Services does not necessarily reflect our opinions or policies. User-Generated Content may link to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness. When you access these third-party sites, you do so at your own risk.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING THE MATERIALS OR FUNCTIONS ON THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE COMPLETE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE COMPANY AND OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING THE SERVICES.
COMMENTING ON A WEBSITE OR OTHER SERVICES
We have created opportunities on the Websites and Services for our fans so that they can have a safe and enjoyable place to interact with other fans, express themselves, and support their favorite talent. In order to maximize this opportunity for all fans, we require that fans agree to the following terms when they participate in commenting.
A. Post only appropriate content
What follows are examples of the kind of content that is illegal or prohibited to post anywhere on a Website or any Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content and terminating the registration of such violators. Prohibited content includes, but is not limited to, content that:
Harasses or advocates violence or harassment of another person;
Publicly posts information that poses or creates a privacy or security risk to any person;
Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
Solicits personal information from anyone under the age of 18;
Promotes any criminal activity or enterprise;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Involves commercial activities or sales or contests or advertising, without our prior written consent;
Includes a photograph or video of another person that you have posted without that person's consent;
Imitates or purports to be a posting to a Website by anyone other than the person actually posting.
B. Keep your Guard Up!
You agree to choose carefully the User-Generated Content you post on or through the Services and that you provide to other Users. Although the Services may not include any form of Prohibited Content, as defined in Section A, some information, materials, products or services submitted to the Services by other Fans may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and we assume no responsibility or liability for such material.
Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline, such as your address or telephone number.
You are solely responsible for your interactions with other Fans. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Fans.
We cannot guarantee that any Participation or User-Generated Content on a Website was actually created by the individual or entity claiming authorship.
C. Abide by All Laws
You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have the right to terminate the Membership of infringers. You represent and warrant that: (i) you own the User-Generated Content posted by you on or through the Services (or have the right to grant the appropriate license), and (ii) the posting of your User-Generated Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User-Generated Content posted by you on or through the Services.
We assume no responsibility for monitoring Websites for inappropriate User-Generated Content or conduct. If at any time, we choose, in our sole discretion, to monitor User-Generated Content or conduct within Websites, we nonetheless assume no responsibility for the User-Generated Content or conduct, no obligation to modify or remove any inappropriate User-Generated Content, and no responsibility for the conduct of any Fan submitting such User-Generated Content.
Illegal and/or unauthorized use of any Service, including collecting usernames, and/or email addresses of fans by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to any Service, including any Website, or employing third-party promotional sites or software to promote a profile or posting on any Service for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from any Service including this one without notice or explanation and may result in termination of registration. We reserve the right to take appropriate legal action for any illegal or unauthorized use of any Website or any of the other Services.
You are solely responsible for the photos, messages, notes, text, information, music, video and other content that you upload, publish or display (hereinafter, "post") to any Service or Website, or transmit to or share with other users. You may not post, transmit, or share content that you did not create or that you do not have permission to post.
The Services are controlled and operated by or on our behalf and on behalf of our affiliates. We make no representation that materials or products offered on the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from the Services are further subject to United States export controls. No software or products offered on the Services may be downloaded, shipped or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By purchasing products or downloading or using the Software offered on the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
ARBITRATION OF DISPUTES; CLASS ACTION WAIVER
The arbitration will be done by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, arbitrator, and administration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than US$10,000, unless the arbitrator determines the claims are frivolous. In addition, we will not seek attorney’s fees and costs in arbitration unless it is determined by the arbitrator that the claims are frivolous.
If your claim is worth US$10,000 or less, we agree that you may choose whether arbitration will be conducted by written submissions, telephone, or in person in the county where you live or at another mutually agreed upon location. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA rules. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Compared to lawsuits in court, arbitration is less formal. In arbitration, a neutral arbitrator is used instead of a judge or jury, and court review of the arbitration award is limited. An arbitrator has the ability to award the same relief and damages as a court.
As the sole exception to this arbitration requirement, a User may pursue a claim in small claims court provided such claim is within that court’s jurisdiction and provided that the User proceeds only on an individual basis.
If You choose to commence arbitration or file a small claims court action, you must first send a written notice to us by certified mail requesting arbitration or a small claims court action and describing your claim (“Notice”). Regardless of which party sends the Notice, it should describe the basis of the claim and set forth the specific relief sought. This letter must be addressed to: email@example.com. If we initiate arbitration, we will send a written Notice to the email address of the User used for access to the Services. If You and we do not reach an agreed upon resolution within 30 days of receiving notice, You or we have the right to begin an arbitration proceeding or file a claim in small claims court. A form Notice to initiate arbitration can be copied or downloaded at jud.ct.gov.
For timeliness purposes, You and we agree to begin any arbitration or claim in small claims court within one year after a claim arises; otherwise, the claim is waived.
You and we also agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. We both also expressly waive the right to a trial by jury.
To the extent arbitration is not applicable, You and we agree to submit to the exclusive jurisdiction of the state and federal courts (as applicable) located in Fairfield County of the State of Connecticut. You agree that we may bring suit in a court of competent jurisdiction in Connecticut to enjoin infringement or other misuse of intellectual property rights.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe your work has been copied and posted on or through these Services in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and your physical or electronic signature.
Our Copyright Agent can be reached at: CopyrightAgent@xfl.com or Copyright Agent XFL 1266 East Main St. Stamford, CT 06902
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Fans who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.