audifielddc.com Terms of Service
LAST UPDATED: November 15, 2019
- Ownership and use restrictions
The Website is owned and operated by the Stadium. The Stadium reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Website, each on our behalf.
The content and materials contained on or distributed within the Website (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, news, logos and all copyrights and intellectual property related to the Website, the Stadium, DC Soccer, LLC (“D.C. United”), any affiliate of the Stadium or D.C. United, or any of or any of the Stadium’s sponsors, licensees and other affiliates (the “Content”) are either owned by, or licensed to, the Stadium. 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 the Stadium, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Website 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 the Stadium, D.C. United, and the Website are the exclusive property of the Stadium or our affiliates. All other word marks and logos (each, a “Trademark” and, collectively the “Trademarks”) appearing on the Website are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. 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 expressly provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed as part of the Content on the Website are either the property of, or used with permission by, the Stadium. 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 Website. 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 Website will not infringe upon the rights of third parties neither owned by nor affiliated with the Stadium.
- Access to site
To access the Website, you must have access to the internet, 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 Website 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 the Stadium’s sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Website. Your exclusive remedy in the event the Stadium changes the minimum technical requirements is to terminate your use of the Website.
The Content on the Website provided may be updated, deleted or otherwise modified from time to time at the discretion of the Stadium.
- Code of Conduct
4.1 Code of Conduct
You agree not to use the Website in manner that:
- i) imposes an unreasonable or disproportionately large load on the Website’s infrastructure, interferes or disrupts the Website or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Website;
- 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 the Stadium;
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 Website, 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”.
4.2 General Prohibited Uses
You agree that in connection with your use of the Website, 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;
iii) delete or revise any material or other information;
- iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure on the Website;
- v) use any device, software or routine to interfere or attempt to interfere with the proper working of any activity being conducted on this Website;
- 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 Website to harvest or otherwise collect information from the Website to be used for any commercial purpose;
vii) allow any other person or entity to use your name 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 Website;
- ix) access data not intended for you, gain unauthorized access to the Website 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 Website; 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.
the Stadium reserves all rights to investigate occurrences that may involve violations of the security of the use of the Website or of the law, and the Stadium may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- Links & Embedding
5.1 The Website may contain links to other Web sites and services (“Linked Services”). The Linked Services may not be under the Stadium’s control and the Stadium 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 Website from or to any on-line, cable, wireless or other website, service, browser or other resource:
- Websites, services, browsers and other resources other than Commercial Websites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a “Permissible Website” and, collectively, “Permissible Websites”) may link to audifielddc.com without the express written permission of the Stadium if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “audifielddc.com”); 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.
- The audifielddc.com logo, or a link containing any other logo of the Stadium or D.C. United (a “logo” link) may not be used to link to audifielddc.com without the express written permission of the Stadium.
- No link to the Website may be “framed” by the Permissible Website where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
- Links to and from the Website from or to other sites maintained by third parties do not constitute an endorsement by the Stadium of any third-party website or content. We are not responsible for the availability of these third-party resources. Your linking to the Website, off-site pages or other sites is at your own risk and without the permission of the Stadium. By clicking on any such link, you acknowledge that the Website 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 Website signifies that you have read these Linkage Restrictions and agree to abide by their terms.
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 Website into your website, blog or profile page, provided that you do not (i) obscure the Stadium’s branding of the embedded Content, assert or imply ownership or authorship of the Content, or facilitate another party’s assertion or implication of ownership or authorship of the Content; (ii) sell access to embedded Content on another website, (iii) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (iv) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, or (v) use embedded Content that the Stadium, in its sole discretion, determines to be competing with or displacing the market for the Content: (vi) embed the Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (b) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (c) 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; (d) contains or may be associated with a computer virus or other harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact. The Stadium reserves the right to disable your use of embedded Content at any time, in the Stadium’s sole discretion.
- Availability of Content
The availability of the Content, and the Website 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 the Stadium is not obligated to provide you with any specific Content or access to the Website under this Agreement.
- 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 Website, 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 Website. We make no representation that the Content contained in the Website are 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 of your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR VENDORS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED ON 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 WE 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 WE, OUR VENDOR’S, 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 ON THE WEBSITE, OR THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR OR OUR VENDOR’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE WEBISITE EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE WEBSITE, IF ANY.
We may give notice to users of the Website by means of a general notice on the Website, 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 email to firstname.lastname@example.org
- 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”), you may make a notifications of claimed copyright infringement relating to the Website by emailing email@example.com. 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 name, 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 Website use privileges of users who are repeat infringers of intellectual property rights.
You hereby agree to indemnify and hold the Stadium and D.C. United and their respective operators, affiliates and subsidiaries, vendors, 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 Website; and/or (ii) any breach or alleged breach of these Terms of Service by you.
- Access Through Mobile Devices
If you use an application on your mobile device (including but not limited to iPhone, iPad, Android phones and tablets, or Microsoft Windows mobile devices (each a “Mobile Device”) to access or use the Website, you agree to the following terms and conditions to the extent they apply thereto (such access via mobile devices referred to herein as the “Licensed Application(s)”):
- You acknowledge that these terms are between you and us only, and not with Apple, Google or Microsoft or any other store/venue, as applicable, where the application is available (“Application Venue”) and that Application Venue is not responsible for the Licensed Application(s) or the content thereof.
- The license granted to you for the Licensed Application(s) is a limited non-transferable license to use the Licensed Application(s) on any Mobile Device that you own or control and as permitted by the Usage Rules set forth in the Application Venue Terms of Service (as applicable).
- Application Venue, including Apple, Inc., Google or Microsoft, is not responsible for any maintenance, support, intellectual property, product warranty or product claims, whether express or implied by law, for the Licensed Application(s). You acknowledge that Application Venue has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed product.
- In the event of any failure of the Licensed Application(s) to conform to any applicable warranty, you may notify Application Venue and Application Venue will refund the purchase price (if any) for the Licensed Application(s) to you; and, to the maximum extent permitted by applicable law, Application Venue will have no other warranty obligation whatsoever with respect to the Licensed Application(s).
- You acknowledge that Application Venue is not responsible for addressing any claims of yours or any third party relating to the Licensed Application(s) or your possession and/or use of that Licensed Application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You acknowledge that, in the event of any third party claim that the Licensed Application(s) or your possession and use of that Licensed Application(s) infringes that third party’s intellectual property rights, Application Venue is in no way responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Termination of Service
We may, in our sole discretion, change, suspend or discontinue any aspect of the Website, at any time with or without notice and with or without cause, including the availability of any Website feature, database, or content. We may also impose limits on certain features or 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 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 Website 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 Website and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Website.
- Arbitration; Consent to Jurisdiction In Washington, D.C.; Attorneys’ Fees; Time Period Limitation for Claims; Waiver of Class and Representative Actions
- Any and all disputes, claims, or controversies arising out of or relating to (i) this Agreement, (ii) the breach thereof, or (iii) any use of, or commercial transactions conducted through, the Website (“Claims”), whether arising before or after the effective date of this Section, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures (including the Supplementary Procedures for Consumer-Related Disputes to the extent those procedures are applicable).
- You and the Stadium waive all rights to a trial by jury in any action or proceeding involving any Claim in any forum.
- Any arbitration of a Claim shall be held in Washington, D.C., and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it applies only to the arbitration in which it was awarded and cannot be used in any other case or proceeding except to enforce the award itself. The arbitrator shall not have power or authority to award punitive damages, including treble damages that may otherwise be available.
- Any and all claims shall be arbitrated on an individual, non-class, and non-representative basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and the Stadium waive any right to have any Claim arbitrated or adjudicated as a class or representative action or in any other form other than on an individual basis. You and the Stadium further agree that the arbitrator shall have no authority to arbitrate any Claim as a class or representative action or in any other form other than on an individual basis. The arbitrator shall have power and authority to award only individual, non-class, and non-representative legal and equitable relief available in the courts of Washington, D.C. Notwithstanding any provision of the AAA’s rules and procedures, only the federal and state courts, and not the arbitrator, shall have the power to determine compliance with this paragraph, including the interpretation, validity, and enforceability of each of the foregoing sentences.
- You agree that the Stadium may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect its rights or property pending the completion of arbitration.
- If any Claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Claim shall be the federal or state courts of competent jurisdiction sitting within Washington, D.C. (the “Forum”) and the parties hereby waive (i) any right to a trial by jury with respect to any Claim in such proceeding, (ii) any argument that the Forum or any court within it does not have personal jurisdiction, and (iii) any argument that the Forum is not appropriate or convenient.
- If either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or if either party initiates a proceeding involving a Claim under Paragraph E other than in the Forum, the other party shall recover all attorneys’ fees, costs, and expenses reasonably incurred in enforcing this agreement and the agreed Forum.
- To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide the Stadium with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
- You and the Stadium agree that this Section shall apply to the maximum extent permitted by applicable law and shall survive termination of this Agreement.
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 Website after such amendment is posted on the Website 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. the Stadium’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 the Stadium’s right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.