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Please carefully read these terms and conditions of use
(these "Terms of Service") before using soccerhall.org (the
"Site"). Your access to and use of the Site is subject to
these Terms of Service (including the Privacy Policy of the
Site) and all applicable laws. By accessing and using this
Site, you signify your assent to these Terms of Service.
These Terms of Service may be amended or modified at the
sole discretion of the National Soccer Hall of Fame (NSHOF),
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 Service periodically for changes. Your continued
use of the Site following the posting of changes to these
Terms of Service (including the Privacy Policy) will mean
you accept those changes. If you do not agree to these Terms
of Service, please do not use the Site.
Ownership and Use Restrictions
Soccerhall.org
is owned and operated by the NSHOF. NSHOF, and their
respective operators, members, teams, affiliates, employees,
directors, and officers shall be collectively referred to
herein as the "Operators."
The content and
materials contained within the Site (including, without
limitation, video, audio, photos, text, images, statistics,
updated scores, logos and all copyrights and intellectual
property related to the Site, NSHOF, the NSHOF member teams
and the NSHOF sponsors, licensees and other affiliates) (the
"Content") are either owned by, or licensed to, NSHOF. The
Content from the Site may not be reproduced, republished,
uploaded, posted, transmitted, reproduced, distributed,
copied, publicly displayed or otherwise used in any manner,
except as expressly provided in these Terms of Service,
without the express written permission of NSHOF. The
Operators maintain this Site for your personal
entertainment, information, education, and communication.
Please feel free to browse the Site. You may download one
copy of each piece of material displayed on 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 the materials. You may not,
however, distribute, reproduce, republish, display, prepare
derivative works based upon, modify, transmit, reuse,
repost, or use any materials of or from the Site for public
or commercial purposes on any other Website or otherwise
without the express written permission of NSHOF.
Modification of
any materials displayed on the Site in any manner is a
violation of the Operators' copyright and other proprietary
rights.
The word marks
and logos of NSHOF, are the exclusive property of NSHOF. All
other word marks and logos (each, a "Trademark" and,
collectively, the "Trademarks") 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 displayed on the Site 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, except as provided in these Terms of
Service, is strictly prohibited.
Images of people
or places displayed on the Site 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
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. The
Operators neither warrant nor represent that your use of
materials displayed on the Site will not infringe upon the
rights of third parties neither owned by nor affiliated with
the Operators.
Registration for Use of
Certain Feature
In order to
access certain features of the Site, you may be required to
register with NSHOF 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 Site, 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 Site, subject to all applicable laws.
If you provide any information that is untrue, inaccurate,
not current or incomplete, or if NSHOF has reasonable
grounds to suspect that the information that you have
provided is untrue, inaccurate, not current or incomplete,
NSHOF has the absolute right to suspend or terminate your
password at any time and refuse you any and all current or
future use of the Site. For information concerning how NSHOF
collects and uses such information please see our
Privacy Policy.
You may 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. NSHOF is not responsible for
any loss or damage arising as a result of your failure to
comply with this Section 2.
Submissions
By transmitting
any Message (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 Site will be owned exclusively
by NSHOF and may be used by NSHOF 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 the Operators.
The 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.
A. Solicited
Submissions: At times, the Operators 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
is a grant by you to the Operators of the Rights described
above.
B. Unsolicited
Submissions: Although we welcome your comments regarding,
and your ideas and proposals for, the Site and NSHOF, it is
NSHOF's policy not to accept or consider any Submissions
that are unsolicited. 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 NSHOF
might appear to be similar to your Submission(s).
Accordingly, we must ask that you do not send us any
unsolicited Submissions via the Site or otherwise; 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 NSHOF designs, products,
programs or otherwise. In the event you do submit
unsolicited Submissions, such Submissions shall be deemed,
and shall remain, the property of the Operators. As is the
case with solicited Submissions, the submission of any
unsolicited Submission shall constitute a grant by you to
the Operators of the Rights described above.
The Online Store
The Site provides a Store that allows you to order products
(the "Merchandise") online, supplied by independent
merchandise vendors (each, a "Vendor" and, collectively, the
"Vendors"). ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY.
NSHOF 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. NSHOF reserves the right to
modify the price of any Merchandise. NSHOF is not
responsible for any error in copy or images relating to
Merchandise or tickets. In order to purchase merchandise or
tickets on the Site, 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 Site's Privacy Policy explains
how such information may be collected and used.) Your
ability to purchase merchandise is subject to limits
established by your credit card issuer. NSHOF may bill your
credit card at the time merchandise is ordered or shipped,
and the appropriate NSHOF team or our ticketing vendor, as
applicable, 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. NSHOF may in its sole
discretion decline service to or terminate any account. None
of NSHOF, 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
Store, Merchandise and its fulfillment should be directed to
NSHOF either by: (i) e-mail to NSHOF@soccerhall.org;
or (ii) telephone to (607) 432-3351.
Votes
The
Site may offer you opportunities to vote in connection with
certain events including, but not limited to, Hall of Fame
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.
Links
The following
restrictions ("Linkage Restrictions") apply to all links to
the Site from any on-line, cable, wireless or other website,
service or browser:
A. On-line,
cable, wireless or other websites, services or browsers
created by, licensed by or substantially associated with any
entity that regularly promotes any product (e.g., apparel or
computers), brand (e.g., Nike or Pepsi) or service (e.g.,
Internet service providers or ticket sellers) (each, a
"Commercial Site" and, collectively, "Commercial Sites") may
not link to soccerhall.org without the written permission of
NSHOF, even if the page/area where the link originates does
not promote a product, brand or service.
B. Websites,
services or browsers 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
soccerhall.org without the express written permission of
NSHOF if such link is: (i) a "word" (as opposed to a "logo")
link (e.g., "soccerhall.org," "The Official Site of The
National Soccer Hall of Fame"); 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 National
Soccer Hall of Fame logo, or any other logo of the NSHOF or
its events (a "logo" link) may not be used to link to
soccerhall.org without the express written permission of
NSHOF.
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.
Disclaimer of Warranties
and Damages; Limitation of Liability
While 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. The
Operators assume no liability or responsibility for any
errors or omissions in the content of the Site. The
Operators make no representation that the materials
contained in the Site are appropriate or authorized for use
in all countries, states, provinces, counties or any other
jurisdictions. If you choose to access the Site, you do so
on your own initiative and 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 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
SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR
TIMELY, OR THAT THE SITE 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 SITE OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU USE THE SITE 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 SITE, OR
THE USE OR INABILITY TO USE THIS SITE 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 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. The Operators have not
reviewed any or all of the sites linked to the Site and are
not responsible for the content of any off-site pages or any
other sites linked to the Site. 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 such
other sites, and you hereby revoke any claim against the
Operators with respect to such other sites. You should
direct any concerns regarding any external link to its site
administrator or Webmaster.
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 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.
Notice
The Operators
may give notice to users of the Site by means of a general
notice on the Site, electronic mail to a user's e-mail
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 the Operators (such notice shall be deemed
given when received) by any of the following means:
1. Electronic
mail to
NSHOF@soccerhall.org; 2. A letter faxed to The
National Soccer Hall of Fame at the following fax number:
(607) 432-8429; 3. Letter delivered by first class postage
prepaid mail or courier to Major League Soccer at the
following address:
National
Soccer Hall of Fame
18 Stadium Circle
Oneonta, NY 13820
Attn: Communications Department
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"), NSHOF 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:
National
Soccer Hall of Fame
18 Stadium Circle
Oneonta, NY 13820
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.
Indemnification
You
hereby agree to indemnify and hold National Soccer Hall of
Fame, soccerhall.org, 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 Site, including, without limitation, use of any
Message Feature or the Store; and (ii) any breach or alleged
breach of these Terms of Service.
Termination of Service
The Operators may, in its sole discretion, change, suspend
or discontinue any aspect of the Site at any time with or
without notice, including the availability of any Site
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 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 Service 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
immediately discontinue your use of the Site and destroy all
materials obtained from it.
Software
Software and other materials 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, Iraq, Libya, North Korea,
Iran, Syria, 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. The
Operators 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.
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
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 Service.
Miscellaneous
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 the Operators. The Operators in their 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.
Acceptance of Terms
of Use
By
using the Site, you signify your agreement to these Terms of
Service in their entirety. If you do not agree with the
terms included herein, you must not use the Site. NSHOF may
change these Terms of Service at any time and in any manner,
and your use of the Site after such changes are posted shall
be deemed to indicate your acceptance thereto. |
