These terms and conditions of use (these "Terms of Use") govern your use of dcunited.com (the "Website"). Your access to and use of the Website is subject to these Terms of Use (including the Privacy Policy of the Website) and all applicable laws. By accessing and using this Website, you signify your assent to these Terms of Use. These Terms of Use may be amended or modified at the sole discretion of MacFarlane-Chang D.C. Soccer, LLC (d/b/a D.C. United) or Major League Soccer, L.L.C. ("MLS") or new conditions may be imposed, at any time, with or 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 continued use of the Website following the posting of changes to these Terms of Use (including the Privacy Policy) will mean you accept those changes. If you do not agree to these Terms of Use, please do not use this Website.
The Website is operated by D.C. United, as agent for Major League Soccer, L.L.C. ("MLS"). D.C. United, MLS, Soccer United Marketing, LLC ("SUM") and each of their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators."
The content and materials contained or distributed within the Website (including, without limitation, video, audio, photos, text, images, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Website, D.C. United, MLS, the MLS member teams, SUM and the MLS sponsors, licensees and other affiliates) (the "Content") are either owned by, or licensed to, D.C. United, SUM or MLS. The Content from the Website may not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Use, without the express written permission of D.C. United, MLS or SUM, as applicable. The Operators maintain this Website for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Website 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, however, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any Content from the Website for public or commercial purposes on any other Website or otherwise without the express written permission of D.C. United, MLS or SUM, as applicable.
Modification of any Content on the Website in any manner is a violation of the applicable owners' copyright and other proprietary rights.
The wordmarks and logos of D.C. United, MLS, the MLS member (and former) teams, MLS special events and the Website are the exclusive property of MLS. All other word marks and logos (each, a "Trademark" and, collectively, the "Trademarks") appearing on the Website are Trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Website, or any other Content on the Website, except as provided in these Terms of Use, is strictly prohibited.
Images of people or places displayed on the Website are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Use or by express permission that is granted elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators do not warrant or represent that your use of Content displayed on the Website will not infringe upon the rights of third parties whether owned by or affiliated with the Operators.
In order to access certain features of the Website, you may be required to register with D.C. United, MLS or SUM by providing certain personally identifiable information about yourself, including your name and e-mail address. In consideration for our granting you access to these features of the Website, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested as and necessary for our provision of, and/or your registration for the use of, those features of the Website, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if any of the Operators has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, the Operators have the absolute right to suspend or terminate your account at any time and refuse you any and all current or future use of the Website. For information concerning how such information is collected and used, please see our Privacy Policy.
You may be asked to select a user name ("User Name") for identification purposes. You must not use any User Name that violates any term of Sections 3(i)-(ix) below, or any other operating term set forth by the Operators. You may also receive 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. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section 2.
The Website 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, blogs and video submissions (each a "Message Feature" and, collectively, the "Message Features"). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of the Website. You must use the Message Features in a responsible manner. By entering the Website, you expressly agree to not transmit any message (each, a "Message" and, collectively, the "Messages") in connection with any Message Feature that:
The Operators and their third-party providers (the "Vendors") shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature or any Screen Name that:
Messages submitted to the Website by electronic mail 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 Website, you acknowledge that any information disclosed by you therein:
By transmitting any Message or Screen Name (see paragraph 3 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a "Submission" and, collectively, "Submissions"), you are granting 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, without limitation, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you on or to the Website will be owned exclusively by MLS or the other Operators and may be used by MLS or the other Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of MLS or the other Operators. MLS and the other Operators 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 without seeking or receiving your further consent.
SALES FROM THE OFFICIAL SHOP ("SHOP"), AUCTIONS ("AUCTIONS"), THE TICKETING FEATURE ("TICKETING") AND SALES OF SUBSCRIPTION CONTENT SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE (COLLECTIVELY, THE "SERVICES") ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Many areas on the Website (including, but not limited to the Shop, Fantasy, Auctions, Ticketing, the Services, Mobile) allow you to order goods and/or services supplied by 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 Website also provides Ticketing, which allows you to purchase tickets for MLS games.
By purchasing any Merchandise, tickets or Services on the Website, you acknowledge and agree that your credit card is being charged by the payment processor as permitted by the Operators. For purposes of these Terms of Use, such payment processor will be referred to as a "Vendor."
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE WEBSITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. THE OPERATORS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, AUCTIONS,,TICKETING OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE,TICKETS OR SERVICES.
The Operators reserve the right to modify the price of any Merchandise or Services and substitute any merchandise or services of similar value for any current Merchandise or Services. The Operators are not responsible for any error in copy or images relating to Merchandise, tickets or Services. In order to purchase Merchandise, tickets or Services on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise, tickets or Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. The Operators or Vendors may bill your credit card at the time Services or tickets are ordered or shipped, and the appropriate MLS team, Vendor or Operator, as applicable, may bill your credit card at the time your tickets are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. The Operators may in their sole discretion decline service to or terminate any account. None of MLS, the Vendors 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 Shop, Merchandise and its fulfillment should be directed to the Operators either by: (i) e-mail to MLSGear@sendirect1.com; or (ii) telephone to 1-877-SHOP-MLS.
With respect to Merchandise offered and/or sold via the Shop, we cannot confirm the price of an item until you order; however, neither the Operators nor the Vendors charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best 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:
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):
With respect to the sale of certain Merchandise on the Website, 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):
The Services, depending on which you subscribe to, may allow you to, among other things: watch certain live and/or historic Major League Soccer game telecasts and/or post-game video clips and/or video clip compilations; listen to certain live and/or historic Major League Soccer game radio broadcasts; play fantasy soccer games; create and maintain your own blog; receive Major League Soccer-related textual content; and access Major League Soccer-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 Use, you agree that the Operators may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with the Operators, and by publishing such notices from time to time on the informational page(s) of the Website applicable to the services. It is your responsibility to notify the Operators of any change in your e-mail address by logging into the Website and using the online account management tool.
Programming, pricing, terms and conditions of Services are subject to availability and change.
Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by the Operators (e.g., your IP address). Scheduled games may be cancelled 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, including, without limitation for all nationally television games (including those on ESPN, ESPN2, ABC). For these Services, you must submit your email address provided by either your Internet Service Provider or place of work. For example, clicking on a live link will perform and trigger a number of checks to make sure that you are located outside of the applicable blackout territory. Due to the foregoing blackout restrictions, you may be required to log in to each webcast (both for 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 THE OPERATORS RESERVE THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
The Website 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 Website applicable to that event as well as in these Terms of Use.
The following restrictions ("Linkage Restrictions") apply to all links to or from the Webite from or to any on-line, cable, wireless or other website, service, browser or other resource:
The posting or creation of any link to the Website signifies that you have read these Linkage Restrictions and agree to abide by their terms.
While the Operators use reasonable efforts to include accurate and up to date information in the Website, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the Content of the Website. The Operators make no representation that the Content contained in the Website is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Website, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT IN THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE WEBSITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS 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 WEBSITE, OR THE USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS WEBSITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS WEBSITE, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Website, 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 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 Website or in connection with the Website. All of your business dealings with vendors and advertisers appearing on or through the Website shall be at your sole risk.
The Operators may give notice to users of the Website by means of a general notice on the Website or electronic mail to a user's e-mail address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:
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 Website (the "Designated Agent"). All such notifications relating to the Website 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.
You hereby agree to indemnify and hold D.C. United, MLS, its member teams, SUM, and each of their respective members, operators, directors, officers, employees, agents, affiliates 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 Website, including, without limitation, use of any Message Feature; and (ii) any breach or alleged breach of these Terms of Use.
The Operators may, in its sole discretion, change, suspend or discontinue any aspect of the Website at any time with or without notice, including the availability of any Website feature, database, 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 Website, or the entire Website, 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 Website 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 immediately discontinue your use of the Website and destroy all materials obtained from it.
These Terms of Use 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 Use or anything contained on the Website 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 Use or the Website shall be exclusively prosecuted 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 you hereby consent to the jurisdiction of such court solely for such purposes 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. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Use.
These Terms of Use 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 the Operators. The Operators in their sole discretion may amend these Terms of Use, and your use of the Website after such amendment is posted on the Website 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.
By using the Website, you signify your agreement to these Terms of Use in their entirety. If you do not agree with the terms included herein, you must not use the Website. The Operators may change these Terms of Use at any time and in any manner, and your use of the Website after such changes are posted shall be deemed to indicate your acceptance thereto.
Date of last revision: March 5, 2009