1. OWNERSHIP AND USE RESTRICTIONS
The Site is owned and operated by MLS. MLS reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf.
The content and materials contained on or distributed within the Site (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site, MLS, Soccer United Marketing, LLC ("SUM"), any affiliate of MLS or SUM, any of the MLS member clubs or any of the MLS sponsors, licensees and other affiliates) (the "Content") are either owned by, or licensed to, MLS. We maintain this Site for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Site to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms of Service, without the express written permission of MLS, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Site in any manner is a violation of the applicable owner’s copyright and other proprietary rights.
The wordmarks, logos, trade names, packaging and designs of MLS, SUM, the current and former MLS member clubs and the Site and the Services are the exclusive property of MLS or our affiliates. All other word marks and logos (each, a "Trademark" and, collectively the "Trademarks") appearing on the Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, MLS. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
We neither warrant nor represent that your use of Content displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with MLS.
2.ACCESS TO SITE
To access the Site, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in MLS’s sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event MLS changes the minimum technical requirements is to terminate your use of the Site and/or the Services.
3.REGISTRATION FOR USE OF CERTAIN FEATURES
In order to use certain functionality of the Site and/or Services, you may be asked to select a screen name (a "Screen Name") for identification purposes. You must not use any Screen Name that violates this Agreement or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in this Agreement, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section 3.
MLS may offer certain services that require payment of a fee in order to use or receive a subscription ("Subscription Services"). Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid major credit card and verification of other information that MLS may request from you, including your IP address. The Subscription Services may also require additional technical requirements.
MLS may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.
4.SERVICES AND CONTENT
The Content on the Site and the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of MLS.
a.The Site and the Services may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, chat rooms, blogs and video submissions (each a "Message Feature" and, collectively, the "Message Features").
b.You must use the Message Features in a responsible manner. By entering the Site or using the Services, you expressly agree to not transmit any message (each, a "Message" and, collectively, the "Messages") in connection with any Message Feature that violates the Code of Conduct for the Site as set forth below.
d.Although we or our Vendors may from time to time monitor or review Messages or Screen Names submitted on the Site, neither MLS nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature or any Screen Name does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither MLS nor our Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Site.
e.Messages submitted to the Site or the Services by email or otherwise, including any data, questions, comments, suggestions or the like, and Screen Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or Screen Name to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Vendors other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to us and our Vendors described in "Submissions", below.
By transmitting any Message or Screen Name or submitting creative ideas, concepts, know-how, techniques, suggestions or materials, whether solicited or unsolicited,(each, a "Submission" and, collectively, "Submissions"), you are granting us 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, without limitation, advertising and promotional purposes (collectively, "Rights"). MLS, SUM, the operators of the MLS member clubs and their respective affiliates shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent. At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submission, you agree to assign all right title and interest to such Submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment.
Ownership and Non-Infringement
By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law.
5.CODE OF CONDUCT
Code of Conduct
You agree not to use the Site and Services, including, but not limited to transmitting Messages or Submissions in manner that:
i)imposes an unreasonable or disproportionately large load on the Site's infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services;
ii)is, or encourages conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by MLS;
iii)constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of 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 or reveals confidential information or trade secrets in an unauthorized manner;
v)contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
vi)harms or attempts to harm minors;
vii)contains any information, software or other material of a commercial nature;
viii)contains advertising, promotions, spam or commercial solicitations of any kind;
ix)constitutes or contains false or misleading indications of origin or statements of fact; or
x)contains material irrelevant to the subject matter of the Message Feature, including that which incites disputes, demeans, or wishes injury on a player or us or other users.
Clauses i) - x) shall collectively be referred to as the "Code of Conduct".
General Prohibited Uses
You agree that in connection with your use of the Site and the Services, you will not:
i)harvest or collect email addresses or other contact information of other users by electronic or other means or engaging in spidering, screen scraping, database scraping or other such activity;
ii)use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
iii)delete or revise any material or other information of any other user of the Services;
iv)take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
v)use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
vi)use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
vii)allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials;
viii)attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;
ix)access data not intended for you or log into a server or account that you are not authorized to access;
x)attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
xi)attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Services; or
xii)forge any TCP/IP packet header or any part of the header information in any email or posting.
Violations of system or network security may result in civil or criminal liability.
Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any MLS game.
MLS reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and MLS may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Site may offer you opportunities to vote in connection with certain events including, but not limited to, MLS All-Star Game balloting. By casting a vote, you signify your agreement to all special terms and voting guidelines set forth on the Site applicable to that event as well as in these Terms of Service.
7.TERMS OF SALE.
Sales from the official shop ("Shop"), auctions ("Auctions"), the ticketing feature ("Ticketing") and sales of Subscription Services are subject to the following terms and conditions:
Many areas on the Site (including, but not limited to the Shop, "Fantasy", Auctions, Ticketing and "Mobile") allow you to order goods and/or services supplied by our Vendors. Auctions allow you to purchase merchandise through an auction process (products purchased through the Shop and the Auctions are collectively referred to as the "Merchandise"). The Site also provides Ticketing, which allows you to purchase tickets for MLS games and other MLS-related events.
By purchasing any Merchandise, tickets or Subscription Services through the Site, you acknowledge and agree that your credit card is being charged by the payment processor of a Vendor of the Site. For purposes of these Terms of Service, such payment processor will be considered a Vendor.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY ANY OF OUR VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, AUCTIONS, TICKETING OR THE SERVICES, OR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE, TICKETS OR SERVICES.
With respect to Merchandise offered and/or sold via the Shop, we cannot confirm the price of an item until you order. Despite our efforts, a small number of the items in our Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
oIf an item's correct price is lower than our stated price, we or our Vendors will charge the lower amount and ship you the item.
oIf an item's correct price is higher than our stated price, we or our Vendors will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
With respect to the sale of certain Merchandise to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2006):
oSALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
With respect to the sale of certain Merchandise on the Site, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
oSALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
In addition with respect to the Subscription Services, you agree to pay all subscription fees and other applicable charges in accordance with MLS's or its Vendors billing practices in effect at the time such fee or other charge becomes payable. MLS or its Vendor may change its billing practices at any time and may institute new fees or other charges effective upon notice to you. You are responsible for all amounts billed to your account regardless of whether you authorized such billing. All payments for Subscription Services are non-refundable. You may cancel your subscription at any time by providing written notice of your intent to cancel to firstname.lastname@example.org.
MLS or its Vendor may offer certain Subscription Services for which the subscription automatically renews each year, and for which you will be automatically charged without further notice to you, provided that you agree to terms indicating that such Subscription Service is offered in this manner. MLS or its Vendor agrees to notify you if the fees charged at the beginning of the renewal period are different than those at the end of the previous period.
Access to a Subscription Service may be made available to you on a time-limited trial basis at no charge ("Trial Subscription"), and other than with respect to the payment terms set forth above, the Trial Subscription is subject to the same terms and conditions of use as set forth in this Terms of Services as those Subscription Services that are fee-based. At the end of a Trial Subscription, payment will be required in order to continue to receive access to or use of the applicable Subscription Services.
Programming, pricing, terms and conditions of Subscription Services are subject to availability and change. The Subscription Services are provided on an "as is" and "as available" basis. Games may be cancelled, rescheduled, or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions apply to Services which allow you to watch video of live games. Due to the blackout restrictions, you may be required to log in to each webcast (for both free and subscription fee webcasts) with a valid major credit card for address verification. In such a case, a temporary $1.00 authorization hold will be placed on your credit card, which will subsequently expire. You will not incur a charge for this authorization hold. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION, YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION. YOU MAY BE SUBJECT TO LEGAL ACTION, AND WE RESERVE THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
The Services may allow you to, among other things: watch certain live and/or historic MLS game telecasts and/or post-game video clips and/or video clip compilations; listen to certain live and/or historic MLS game radio broadcasts; play fantasy soccer games; create and maintain your own blog; receive MLS-related textual content; and access MLS-related content via wireless devices. The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
By accepting these Terms of Service, you agree that we may notify you about changes to prices or services by sending an email message to your email address on file with MLS, or by publishing such notices from time to time on the informational page(s) of the Site applicable to the Services. It is your responsibility to notify MLS of any change in your email address by logging into the Site and using the online account management tool.
8.LINKS & EMBEDDING
The Site may contain links to other Web sites and services ("Linked Services"). The Linked Services may not be under MLS’s control and MLS is not responsible for the contents of the Linked Services.
The following restrictions ("Linkage Restrictions") apply to all links, including any to Embedded Content, to or from the Site from or to any on-line, cable, wireless or other website, service, browser or other resource:
A. Websites, services, browsers and other resources other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to mlssoccer.com & dcunited.com without the express written permission of MLS if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "mlssoccer.com & dcunited.com," "The Official Site of Major League Soccer"); 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.
B. The mlssoccer.com & dcunited.com logo, or a link containing any other logo of the MLS or its member clubs (a "logo" link) may not be used to link to mlssoccer.com & dcunited.com without the express written permission of MLS.
C. 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.
D. Subject to your strict compliance with these Terms of Service (including, but not limited to, the Code of Conduct), you may embed certain Content (including, but not limited to, video clips and photographs) from the Site into your website, blog or profile page, provided that you do not (i) sell access to embedded Content on another website, (ii) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (iii) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, or (iv) use embedded Content that MLS, in its sole discretion, determines to be competing with or displacing the market for the Content. MLS reserves the right to disable your use of embedded Content at any time, in MLS's sole discretion.
E. Links to and from the Site from or to other sites maintained by third parties do not constitute an endorsement by MLS of any third-party website or content. We are not responsible for the availability of these third-party resources. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of MLS. 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 such other sites, and you hereby revoke any claim against us with respect to such other sites. You should direct any concerns regarding any external link to its website administrator or Webmaster.
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.
9.AVAILABILITY OF SERVICES
The availability of the Content, the Site and the Services may be affected or impaired by a variety of factors, including game delays or cancellations, application of blackout restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that MLS is not obligated to provide you with any specific Content or access to the Site or the Services under this Agreement.
10.DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While we use reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content of the Site or in the Services. We make no representation that the Content contained in the Site or the Services are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL WE, SUM, MEMBER CLUB OPERATORS, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, 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 USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE OR SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.
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. You agree that we 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.
We may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's email address if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to us (such notice shall be deemed given when received) by any of the following means:
•Electronic mail to email@example.com & dcunited.com;
•A letter faxed to Major League Soccer Legal Department at the following fax number: (212) 450-1332;
•Letter delivered by first class postage prepaid mail or courier to Major League Soccer at the following address;
Major League Soccer, L.L.C.
420 Fifth Avenue, 7th Floor
New York, NY 10018
Attn: Legal Department
12.NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), MLS has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Major League Soccer, L.L.C.
420 Fifth Avenue, 7th Floor
New York, NY 10018
Attn: General Counsel
To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
You hereby agree to indemnify and hold Major League Soccer, L.L.C., SUM, each MLS member club operator, their respective affiliates and subsidiaries, and each of their respective members, managers, owners, directors, officers, employees, agents, shareholders, partners, governors and representatives harmless from any and all claims, demands, liabilities, damages and expenses and other losses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature, Service, or the Store; and/or (ii) any breach or alleged breach of these Terms of Service by you.
14.TERMINATION OF SERVICE
We may, in our sole discretion, change, suspend or discontinue any aspect of the Site, including the Services (subject to a refund to which you may be entitled), at any time with or without notice and with or without cause, including the availability of any Site feature, database, or content. We may also cancel your registration password, or impose limits on certain features or services or restrict your access to parts of the Site, or the entire Site, or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Site and/or Services.
Software and other materials downloaded from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, Myanmar or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
16.CHOICE OF LAW
These Terms of Service shall be construed and controlled by the laws of the State of New York, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Site will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Site shall be brought exclusively in a federal or state court of competent jurisdiction located within the County of New York, State of New York, United States of America and appellate courts therefrom, and you hereby irrevocably consent to the jurisdiction of such court, and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. We will be entitled to recover our court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Service. If you access the Site and/or Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Site and/or Services. Please note that in some cases, the laws of your jurisdiction may apply and take precedence.
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and us. We in our sole discretion may amend these Terms of Service, 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 Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service 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. MLS’s failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive MLS’s right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
LAST UPDATED: March 25, 2010