TERMS OF USE
ACCEPTANCE OF TERMS
My Soccer Club USA
Inc., a Delaware
Not-for-Profit organization, makes this website (the ÒSiteÓ), including all
information, documents, communications, files, text, graphics, software, member
services and products available through the site (collectively, the
ÒMaterialsÓ) and all services operated by My
Soccer Club USA Inc. and third parties through the site
(collectively, the ÒServicesÓ or ÒMembership ServicesÓ), available for your use
subject to the terms and conditions set forth in this document and any changes
to this document that My Soccer Club USA Inc. may
publish from time to time (collectively, the ÒTerms of UseÓ)., including,
without limitation, use of any of the Membership Services, downloading of any
Materials, or merely browsing the Site, you agree to and are bound by the Terms
of Use. Mysoccerclubusa.com is owned and operated by My Soccer Club USA Inc.
My Soccer Club USA
Inc. reserves the
right to change the Terms of Use and other guidelines or rules posted on the
Site from time to time at its sole discretion. Your continued use of the Site,
or any Materials or Services accessible through it, after such notice has been
posted constitutes your acceptance of the changes. Your use of the Site will be
subject to the most current version of the Terms of Use, as found on a clearly
marked link at the bottom of our web pages, rules and guidelines posted on the
Site at the time of such use. You should periodically check these Terms of Use
to view the then current terms. If you breach any of the Terms of Use, your
authorization to use this Site automatically terminates along with your
Membership, and any Materials downloaded or printed from the Site in violation
of the Terms of Use must be immediately destroyed.
OVERVIEW
1.
WE MAY, BUT ARE NOT OBLIGATED TO, REFUSE SERVICE TO ANYONE AT ANY
TIME AND FOR ANY REASON.
2.
WE WILL NOT SHARE YOUR PRIVATE E-MAIL ADDRESS OR USER
INFORMATION, BUT RESERVE THE RIGHT TO CONTACT ALL ÒOPT-INÓ E-MAIL SUBSCRIBERS
TO OUR WEBSITE OR NEWSLETTER WITH GENERAL INFORMATION, PROMOTIONAL OFFERS,
LATEST FEATURES, STORIES, MEMBERSHIP INFORMATION, SOCCER CLUB INFORMATION, UPDATES
AND ANY OTHER My Soccer Club USA Inc. RELATED CONTENT OR MESSAGES.
3.
ABUSE OF OUR SYSTEMS, CONTENT, SERVICES, PATRONS, MEMBERS OR VISITERS
IS AN OBVIOUS OFFENSE THAT CAN RESULT IN BEING BANNED FROM My Soccer Club
USA Inc. OR ANY OF OUR OTHER OR TO BE DEVELOPED WEBSITES.
4.
THE POSTING ANY CONTENT ON OUR WEB PAGES GRANTS My Soccer Club
USA Inc. A NON-EXCLUSIVE RIGHT
TO HOST SAID CONTENT ON THE INTERNET AMONG OTHER RIGHTS OF REPUBLICATION.
EITHER YOU OR WE CAN REMOVE YOUR WORKS AT ANY TIME AND FOR ANY REASON.
5.
My Soccer Club USA Inc. IS A NOT-FOR-PROFIT ORGANIZATION. ALL SUBSCRIBING MEMBERS WILL NOT
RECEIVE AN ACTIVE, EQUITY OR OTHERWISE PARTICIPATING SHARE OF INTEREST IN My
Soccer Club USA Inc. MEMBERS WILL
RECEIVE THOSE CERTAIN RIGHTS AND PRIVLEGES LISTED HEREIN AND ARE BOUND TO THE
TERMS OF THE MEMBERSHIP AGREEMENT AS SET FORTH BELOW.
6.
WE ARE NOT RESPONSIBLE FOR MISUSE OF CONTENT.
7.
My Soccer Club USA Inc. WELCOMES YOUR FEEDBACK AND SUGGESTIONS!
Contact Us at webteam@mysoccerclubusa.com
PRIVACY POLICY
We take
your privacy seriously - please review our separate Privacy Policy:
for
information about the collection and use of your personal information.
DEFINED TERMS
One of the Services offered through
this Site is a Membership to My Soccer Club USA
Inc., a website creating and maintaining a fan-owned and
membership-based United States soccer team. Information, materials, files, communications,
and documents that are posted or otherwise transferred in conjunction with this
service are referred to collectively as ÒMembership Services.Ó The groups of
persons, who have paid the required fee and who participate in the benefits of
membership are herein referred to as (ÒMembersÓ). All other user-supplied
information, materials, files, communications, and documents are referred to
collectively as ÒUser Content.Ó ÒMy Soccer Club
USA Inc. ContentÓ means all Materials provided by My Soccer Club USA Inc.
TYPES OF USERS
Please be aware that certain
activities on this Site, such as the Membership Services, are available only to
persons authorized by My Soccer Club USA Inc. to
participate in such activities. The rights and obligations of membership are
explained in detail below under the heading: Membership Agreement.
INTELLECTUAL PROPERTY; LIMITED
LICENSE TO USERS
The Materials and Services on this
Site, as well as their selection and arrangement, are protected by copyright,
trademark, patent, and/or other intellectual property laws, and any
unauthorized use of the Materials or Services at this Site may violate such
laws and these Terms of Use. Except as expressly provided herein, My Soccer Club USA Inc. and its suppliers do
not grant any express or implied rights to use the Materials and Services. You
agree not to copy, republish, frame, download, transmit, modify, rent, lease,
loan, sell, assign, distribute, license, sublicense, reverse engineer, or
create derivative works based on the Site, its Materials, or its Services or
their selection and arrangement, except as expressly authorized herein. In
addition, you agree not to use any data mining, robots, or similar data
gathering and extraction methods in connection with the Site.
In addition to the Materials and
Services offered by My Soccer Club USA Inc.,
this Site may also make available materials, information, and services provided
by third parties (collectively, the ÒThird Party ServicesÓ). The Third Party
Services may be governed by separate license agreements that accompany such
services. My Soccer Club USA Inc. offers
no guarantees and assumes no responsibility or liability of any type with
respect to the Third Party Services, including any liability resulting from
incompatibility between the Third Party Services and the Materials and Services
offered by My Soccer Club USA Inc. You
agree that you will not hold My Soccer Club USA
Inc. responsible or liable with respect to the Third Party Services
or seek to do so.
Except as expressly indicated to
the contrary elsewhere on this Site, you may view, download, and print the My Soccer Club USA Inc. Content and User
Content available on this Site subject to the following conditions:
1
The My
Soccer Club USA Inc. Content and User Content may be used solely for personal,
informational, and internal purposes.
2
The My
Soccer Club USA Inc. Content and User Content may not be modified or altered in
any way.
3
The My
Soccer Club USA Inc. Content and User Content on the Site may not be distributed
or sold, rented, leased, or licensed to others.
4
You may not remove any copyright or other proprietary notices
contained in the My
Soccer Club USA Inc. Content and User Content.
5
My
Soccer Club USA Inc. reserves the right to revoke the authorization to view,
download, and print the My
Soccer Club USA Inc. Content and User Content available on this Site at any time,
and any such use shall be discontinued immediately upon notice from My Soccer Club USA Inc. Any rights
granted to you under these Terms of Use constitute a license and not a transfer
of title.
The rights specified above to
view, download, and print the My Soccer Club USA
Inc. Content and User Content available on this Site are not
applicable to the design or layout of this Site. Elements of this Site are
protected by trade dress, copyright and other laws and may not be copied or
imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service
marks (ÒMarksÓ) displayed on this Site are the property of My Soccer Club USA Inc. or other third
parties. You are not permitted to use the Marks without the prior written
consent of My Soccer Club USA Inc. or
such third party that may own the Marks.
LICENSE TO MySoccerClubUSA.com FOR USER CONTENT
Certain Services offered through
this Site accommodate or require User Content. Depending upon the nature of the
Service, by submitting User Content to this Site you grant My Soccer Club USA Inc. one of the following
types of licenses:
1.
For User Content that is the result of your creative efforts
and which is intended to be displayed on the Site, you grant My Soccer Club USA Inc. a worldwide,
royalty-free, non-exclusive license to modify (for purposes of formatting,
maintenance, or Site administration only) and reproduce such User Content. You
also grant My
Soccer Club USA Inc. the right to distribute and publicly display and perform such
User Content for the purpose for which such User Content was submitted to the
Site. This license will be in effect until such User Content is removed from
the Site.
2. For User Content such as comments
to My Soccer Club USA Inc. on user forms, reports or suggestion forms, you grant My
Soccer Club USA Inc. and
the users of this Site an unrestricted, worldwide, irrevocable license to use,
reproduce, display, perform, modify, transmit, and distribute such User
Content, and you also agree that My Soccer Club USA Inc. is free to use any ideas,
concepts, know-how, or techniques that you send us for any purpose without any
compensation to you. However, we will not release your name or otherwise
publicize the fact that you submitted such User Content to us unless: (a) you
grant us permission to do so; (b) we first notify you that the User Content you
submit to a particular part of the Site will be published or otherwise used with
your name on it; (c) we have a good faith belief that we are required to do so
by law and/or in response to a subpoena or court order; or (d) we believe it
necessary in order to protect the rights of My Soccer Club USA Inc. or others.
PROHIBITED COMMUNICATIONS
You may submit only User Content
or Membership related content to the Site that is (a) owned by you, (b)
submitted with the express permission of the owner or within the scope of the
license to such content, or (c) in the public domain. You are prohibited from
posting or transmitting to or from this Site any unlawful, threatening,
harassing, libelous, offensive, defamatory, obscene, or pornographic materials,
or other materials that would violate any law or the rights of others,
including, without limitation, laws against copyright infringement, and rights
of privacy and publicity. Violation of these restrictions may result in denial
of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services, Membership
Services and Materials available through it, you agree: not to disrupt or
interfere with any other userÕs or memberÕs enjoyment of the Site or affiliated
or linked sites; not to upload, post, or otherwise transmit through the Site
any viruses or other harmful, disruptive, or destructive files; not to create a
false identity; not to use or attempt to use anotherÕs account, password,
service, or system without authorization from My
Soccer Club USA Inc.; not to access or attempt to access any
Membership Services which you are not authorized to access; not to disrupt or
interfere with the security of, or otherwise cause harm to, the Site, or any
Services, Membership Services, Materials, system resources, accounts,
passwords, servers, or networks connected to or accessible through the Site or
any affiliated or linked sites.
MANAGING CONTENT AND
COMMUNICATIONS
My Soccer Club USA
Inc. reserves the
right, in its sole discretion, to delete or remove User Content from the Site
and to restrict, suspend, or terminate your access to all or part of this Site,
at any time without prior notice or liability. My
Soccer Club USA Inc. may, but is not obligated to, monitor or review
any areas on the Site where users transmit or post User Content, including but
not limited to areas where Membership Services are available, and the substance
of any User Content. To the maximum extent permitted by law, My Soccer Club USA Inc. will have no
liability related to User Content or Services. My
Soccer Club USA Inc. disclaims all liability with respect to the
misuse, loss, modification, or unavailability of any User Content or Services.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written
agreement between you and My Soccer Club USA Inc. or
you and a third party with respect to such partyÕs materials or services, this
Site, and all Materials, Services and Membership Services accessible through
this Site are provided Òas isÓ without warranty of any kind, either express or
implied, including, but not limited to, the implied warranties of
merchantability or fitness for a particular purpose, or the warranty of
non-infringement. Without limiting the foregoing, My
Soccer Club USA Inc. makes no warranty that:
(i) the Services and Materials
will meet your requirements; (ii) the Services and Materials will be
uninterrupted, timely, secure, or error-free; (iii) the results that may be
obtained from the use of the Services or Materials will be effective, accurate,
or reliable; (iv) the quality of any Products, Services, or Materials obtained
or accessible by you through the Site will meet your expectations; and (v) any
errors in the Services or Materials obtained through the Site, or any defects
in the Site, its Services or Materials, will be corrected.
While My Soccer Club USA Inc.
makes every effort to maintain this Site and the Services it
provides efficiently and timely, this Site could include technical or other
mistakes, inaccuracies, or typographical errors. My
Soccer Club USA Inc. may make changes to the Materials and Services
at this Site at any time without notice. The Materials or Services at this Site
may fall out of date, and My Soccer Club USA Inc. cannot
commit to updating any such Materials and Services in anyway.
You understand and acknowledge
that (i) My Soccer Club USA Inc. does
not control, endorse, or accept responsibility for any content, products, or
services offered by third parties through the Site, including, without
limitation, third party vendors and third parties accessible through links on
the Site; (ii) My Soccer Club USA Inc. makes
no representation or warranties whatsoever about any such third parties, their
content, products, or services; (iii) any dealings you may have with such third
parties are at your own risk; and (iv) My Soccer
Club USA Inc. shall not be liable or responsible for any content,
products, or services offered by third parties.
The use of the Services or the
downloading or other use of any Materials through the Site is done at your own
discretion and risk and with your agreement that you will be solely responsible
for any damage to your computer system, loss of data, or other harm that
results from such activities. My Soccer Club USA
Inc. assumes no liability for any computer virus or other similar
software code that is downloaded to your computer from the Site or in
connection with any Services or Materials offered through the Site. No advice
or information, whether oral or written, obtained by you from My Soccer Club USA Inc. or through or from
the Site shall create any warranty not expressly stated in these Terms of Use.
PERSONAL INFORMATION AND
PRIVACY
Except as otherwise expressly set
forth herein, your personal information will be deemed to be confidential. Any non-personal information or
material sent to My Soccer Club USA Inc. will
generally be deemed to not be confidential. In any case, you understand
and agree that we may disclose information about you if we have a good faith
belief that we are required to do so by law or legal process, to respond to
claims, or to protect the rights, property, or safety of My Soccer Club USA Inc. or others.
LIMITATION OF LIABILITY
In no event, including, without
limitation, negligence, shall My Soccer Club USA
Inc., its subsidiaries, affiliates, agents, officers, directors,
employees, partners, or suppliers be liable to you or any third party for any
special, punitive, incidental, indirect, or consequential damages of any kind,
or any damages whatsoever, including, without limitation, those resulting from
loss of use, data, or profits, whether or not My
Soccer Club USA Inc. has been advised of the possibility of such
damages, and on any theory of liability, arising out of or in connection with
the use of or the inability to use this Site, its Services, Membership Services
or Materials, the statements or actions of any third party on or through the
Site, any dealings with vendors or other third parties, any unauthorized access
to or alteration of your transmissions or data, any information that is sent or
received or not sent or received, any failure to store or loss of data, files,
or other content, any Services available through the Site that are delayed or
interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
You agree to indemnify and hold My Soccer Club USA Inc., and its
subsidiaries, affiliates, officers, directors, agents, partners and employees,
harmless from any claim or demand, including reasonable attorneysÕ fees, made
by any third party due to or arising out of content you submit, post to, or
transmit through the Site (including, without limitation, any User or
Membership related Content, or computer viruses), your use of the Site, your
connection to the Site, your violation of these Terms of Use, the actions of
any Member, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites)
is controlled by My Soccer Club USA Inc. from its offices within the
state of New York, United States of America. By accessing this Site, you and My Soccer Club USA Inc. agree that all
matters relating to your access to, or use of, this Site shall be governed by
the statutes and laws of the State of New York, without regard to the conflicts
of laws principles thereof. You and My Soccer Club
USA Inc. also agree and hereby submit to the exclusive personal
jurisdiction and venue of the Courts within the State of New York with respect
to such matters.
Any dispute relating in any way to your visit
to My Soccer Club USA Inc. shall be submitted to confidential Arbitration
in White Plains, New York except that, to the extent you have in any manner
violated or threatened to violate My Soccer Club USA Inc.Ôs Intellectual property
rights, My Soccer Club USA Inc. may seek injunctive or other appropriate
relief in any state or federal court in the state of New York, and you consent
to exclusive jurisdiction and venue in such courts.
Arbitration under this Terms of Use shall be
conducted under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Terms of Use shall be joined to an arbitration
involving any other party subject to this Terms of Use, whether through class
arbitration proceedings or otherwise.
GENERAL
The Terms of Use and the other rules, guidelines, licenses
and disclaimers posted on the Site constitute the entire agreement between My Soccer Club USA Inc. and you with respect
to your use of the Site. If for any reason a court of competent jurisdiction
finds any provision of these Terms of Use, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of the parties as reflected by that
provision, and the remainder of the Terms of Use shall continue in full force
and effect. Any failure by My Soccer Club USA Inc.
to enforce or exercise any provision of these Terms of Use or
related right shall not constitute a waiver of that right or provision
MEMBERSHIP AGREEMENT
GENERAL
All Members of My Soccer Club USA Inc. shall be subject to
the following terms in this Agreement without exception, unless otherwise
agreed to in a signed writing.
This Agreement hereby incorporates by reference the entire My Soccer Club USA Inc. Terms of Use
agreement as shown above and appears on the My
Soccer Club USA Inc. web pages. All
members are bound by the terms of both agreements.
SPECIFIC TERMS OF MEMBERSHIP
By paying the Membership Fee, each
Member becomes a Member of My Soccer Club USA Inc.
and is thereby entitled to full membership rights and privileges,
and is to subject to all the rules and obligations of Membership. In the event
of any conflict between and a Member and My Soccer
Club USA Inc. the terms set forth in the
Terms of Use under the heading ÒGOVERNING LAW AND JURISDICTIONÓ shall govern.
Members are only permitted to join
My Soccer Club USA Inc. for personal use
and cannot use the Site or Services for commercial purposes, or for any other
purpose which undermines or contradicts the objects of the My Soccer Club USA Inc. In particular, My Soccer Club USA Inc. may suspend Members
from using the Site for such period as it sees fit if it is of the view that
Member activities are being carried out with the intention of undermining the
Site or My Soccer Club USA Inc.
By submitting the Membership Fee all
Members acknowledge and agree to the following:
1.
Membership
begins on the date the Member signs-up with My
Soccer Club USA Inc. and the Membership
Fee has been received. The Membership Term is for an annual or twelve (12)
month period.
2.
The Membership Fee is Fifty United States of America dollars
($50.00 USD). My Soccer Club USA Inc. shall appropriate $40.00 USD out of
every $50.00 USD fee received for the creation and maintenance of the Soccer
Club and a portion to be allocated to the My Soccer Club USA Inc. Maintenance Fund. My
Soccer Club USA Inc. shall use the remaining $10.00 USD of the Membership Fee for the
administrative costs associated with the operating and management of a
Not-for-Profit organization, including but not limited to: fees, taxes (where
applicable), general expenses, salaries, and etc.
3.
THE
MEMBERSHIP FEE DOES NOT ENTITLE, BUY OR OTHERWISE TRANSFER ANY EQUITY OR
OTHER INTERESTS IN My Soccer Club USA Inc. TO ANY MEMBER AND THE RIGHTS AND PRIVILEGES OF ALL
MEMBERS ARE LIMITED TO THE TERMS SET FORTH HEREIN.
4.
If the Soccer Club has not been created and/or is not competing
in the prescribed soccer league by June 20, 2009, My Soccer Club USA Inc. shall donate all
fees, funds and/or other proceeds collected up to that date to a charitable
organization of its choosing.
5.
All
Members of My Soccer Club USA Inc. in good standing are entitled to the following rights and
privileges:
a.
A
single or one (1) vote on the Soccer TeamÕs Name
b.
A
single or one (1) vote on the Soccer TeamÕs Logo
c.
A
single or one (1) vote on the Soccer TeamÕs Jersey (Uniform Design and Color
Scheme)
d.
A
single or one (1) vote on the Soccer TeamÕs Mascot
e.
A
single or one (1) vote on the Soccer TeamÕs Manager(s)
f.
A
single or one (1) vote on the Soccer TeamÕs Player Acquisitions
g.
Members
receive unrestricted access to the Video and Audio coverage of all
matches
h.
Members
receive unrestricted access to all MySoccerClubUSA.com
Forums and Chat Rooms
i.
A
single or one (1) vote on the Soccer TeamÕs Jersey Sponsorship deal (to
approve or disapprove)
6.
ALL MEMBERS
ARE LIMITED TO ONE (1) MEMBERSHIP PER PERSON AND ONE (1) VOTE PER MEMBER