Last Updated: October 10, 2019
The USL Family reserves the right to contract with, and has contracted with, third parties (“Third-Party Providers”) for the operation of various components of the Services. The USL Family disclaims all representations and warranties, and is not liable in any manner, for the actions or inactions of its Third-Party Providers.
The content and materials contained on or distributed within the Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Services, the USL Family, any affiliate thereof, any sponsors or licensees thereof, or any other affiliates (the “Content”) are either owned by, or licensed to, the USL Family. We maintain the Services for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms of Service, without the express written permission of the USL Family, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Services in any manner is a violation of the applicable owner's copyright and other proprietary rights. The Content on the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of USL Family.
The wordmarks, logos, trade names, packaging, and designs of the USL Family appearing on the Services are our exclusive property. All other word marks and logos (each, a “Trademark” and, collectively the “Trademarks”) appearing on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing appearing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark in any manner without the express written permission of its respective owner. Any use of the Trademarks appearing on the Services except as expressly provided in these Terms of Service, is strictly prohibited.
Images of people or places appearing on the Services are either the property of, or used with permission by, the USL Family. 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 through the Services. 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 appearing on the Services will not infringe upon the rights of any third party.
To access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Services may require additional software downloads and minimum technical requirements, which minimum technical requirements may change from time to time in the USL Family’s sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you access the Services. Your exclusive remedy in the event the USL Family changes the minimum technical requirements is to terminate your use of the Services.
3.1 Registration; Privacy
3.2 User Name
In order to use certain functionalities of the Services, you may be asked to select a user name (a “User Name”) for identification purposes. You must not use any User Name that violates these Terms of Service. You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and you are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section 3.
3.3 Subscription Services
The USL Family may offer certain services that require payment of a fee in order to use or receive a subscription (“Subscription Services”). Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card, and verification of other information that USL Family may request from you, including your IP address. The Subscription Services may also require additional technical requirements.
USL Family may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time through the Services. If your email service includes functionality or software that catalogs your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and spam email folders or by adding us to your address book or safe senders list.
The Services may offer opportunities for you to provide information including, without limitation, by (a) sending messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, chat rooms, blogs and video submissions and (b) creating and using User Names, and (c) submitting ideas, articles, scripts, storylines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies or materials, whether solicited or unsolicited. Any information that you provide as part of your interaction with the Services is referred to herein as a “Submission.” The act of providing information as part of your interaction with the Services is referred to herein as “Entering a Submission,” and any component of the Services through which you could Enter a Submission is referred to herein as a “Submission Venue
4.1. Specific Rules Regarding Submissions.
If you are under the age of 13, you may not Enter a Submission. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may Enter a Submission but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to this Agreement for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for any Content that he or she may add to the Services and any legal liability that he or she may incur.
Although we or our Third-Party Providers may from time to time monitor or review Submissions, neither we nor our Third-Party Providers are under any obligation to do so. We assume no responsibility or liability that may result from the content of any Submission nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Submission does not constitute approval or endorsement by us or our Third-Party Providers. You acknowledge that neither USL Family nor our Third-Party Providers are responsible for, and cannot and do not guarantee, the accuracy or reliability of any Submission.
4.2. Rights to Submissions.
Submissions are, and will be treated as, non-confidential and nonproprietary. By entering a Submission, you acknowledge that the Submission and any information therein (a) may be used by any third party; (b) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (c) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Third-Party Providers other than as expressly set forth in these Terms of Service; and (d) is subject to the grant of rights to us and our Third-Party Providers set forth above.
4.3. Nature of Submissions.
Submissions may not:
4.4. General Prohibited Uses
You agree that in connection with your use of the Services (including through any Submission), you will not:
Violations of this section may, as applicable, result in civil or criminal liability. The USL Family reserves all rights to investigate potential violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We may make statistics available on this Site, including statistics that we generate and/or calculate using proprietary calculations and analyses, relating to or arising out of the performance of players during or in connection with USL Family games, competitions or events (collectively, "USL Statistics"). By using such USL Statistics, you agree that: (a) any use, display or publication of the USL Statistics shall include a prominent attribution to the webpage of the Services where they were originally posted; (b) the USL Statistics may only be used, displayed or published for legitimate news reporting or private, non-commercial purposes; (c) the USL Statistics may not be used in connection with any sponsorship or commercial activity; (d) the USL Statistics may not be used in connection with any fantasy game or other commercial product or service; (e) the USL Statistics may not be used in connection with any product or service that presents a live, near-live or other real-time or archived play-by-play account or depiction of any USL game; and (f) the USL Statistics may not be used in connection with any web site, product or service that features a database (in any medium or format) of comprehensive, regularly updated statistics from USL Family games, competitions or events without the Operator's express prior consent.
Through the Services, you may be able to (a) order goods or services from the USL Family or our Third-Party Providers, including without limitation through the official stores of certain members of the USL Family, auctions and other special promotions, and ticket purchasing features; (b) purchase Subscription Services or (c) register for participation in certain programs, including youth soccer leagues. Your use of the Services to purchase goods or services or register for participation in certain programs, is referred to herein as a “Sale,” and any component of the Services through which you could complete a sale is referred to herein as a “Sale Venue.” Products purchased through Sale Venues are collectively referred to as the “Merchandise.” Sales are, in addition to any other terms and conditions of our Third-Party Providers that may be posted on Sale Venue, subject to the following terms and conditions:
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
With respect to the sale of certain Merchandise on the Site, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
e. In addition, with respect to the Subscription Services, you agree to pay all subscription fees and other applicable charges in accordance with USL Family's or its Third-Party Providers billing practices in effect at the time such fee or other charge becomes payable. The USL Family and its Third-Party Providers may change billing practices at any time and may institute new fees or other charges effective upon notice to you. You are responsible for all amounts billed to your account regardless of whether you authorized such billing. All payments for Subscription Services are non-refundable.
f. The USL Family and its Third-Party Providers may offer certain Subscription Services for which the subscription automatically, and for which you will be automatically charged without further notice to you, provided that you agree to terms indicating that such Subscription Service is offered in this manner. The USL Family and its Third-Party Providers will notify you if the fees charged at the beginning of the renewal period are different than those at the end of the previous period.
g. Notice to California Consumers: Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
h. Sales Tax. For certain Sales, the USL Family is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases made through the Services are not exempt from sales or use taxes simply because they are made from the internet or because the USL Family is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by the USL Family. Certain jurisdictions require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by the USL Family in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase. For Oklahoma purchasers, applicable use tax on Sales may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission's Website. For South Dakota purchasers, applicable sales or use taxes on Sales may be reported and paid on the South Dakota use tax form, available with corresponding instructions on the South Dakota Department of Revenue Website.
i. Access to a Subscription Service may be made available to you on a time-limited trial basis at no charge (“Trial Subscription”), and other than with respect to the payment terms set forth above, the Trial Subscription is subject to the same terms and conditions of use as set forth in this Terms of Services as those Subscription Services that are fee-based. At the end of a Trial Subscription, payment will be required in order to continue to receive access to or use of the applicable Subscription Services.
The Services may contain links to other web sites and services (“Linked Services”). The Linked Services may not be under USL Family's control and USL Family 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 Services from or to any online, cable, wireless or other website, service, browser or other resource:
Subject to your strict compliance with these Terms of Service, you may embed certain Content (including, but not limited to, video clips and photographs) from the Site into your website, blog or profile page, provided that you do not (a) obscure the USL Family’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; (b) sell access to embedded Content on another website, (c) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (d) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, or (e) use embedded Content that USL Family, in its sole discretion, determines to be competing with or displacing the market for the Content.
Additionally, you may not 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. USL Family reserves the right to disable your use of embedded Content at any time, in USL Family's sole discretion.
While we use reasonable efforts to include accurate and up to date information and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content or the Services. We make no representation that the Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT AND SERVICES (AND ANY OTHER MERCHANDISE, PRODUCTS, OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR THIRD-PARTY PROVIDERS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SERVICES AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE USL FAMILY, OUR THIRD-PARTY PROVIDERS, NOR ANY OF THEIR AFFILIATES BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SERVICES, OR THE USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR OR OUR VENDORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SERVICES, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers, vendors, or Third-Party Providers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Services. All of your business dealings with vendors and advertisers appearing on or through the Services shall be at your sole risk.
We may give notice to users of the Services by means of a general notice on the Services, electronic mail to a user's email address if on record, or by written communication sent by first-class mail to a user's address if on record. You may give notice to us (such notice shall be deemed given when received) by any of the following means: (a) electronic mail to: email@example.com; or (b) letter delivered by first class postage prepaid mail or courier to the United Soccer League at the following address: United Soccer Leagues, LLC, 1715 N. Westshore Blvd., Suite 825, Tampa, FL 33607, Att’n: General Counsel.
You hereby agree to indemnify and hold each member of the USL Family, their respective operators, affiliates and subsidiaries, Third-Party Providers, 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 Services, including, without limitation, use of any Message Feature, Service, or the Store; and/or (ii) any breach or alleged breach of these Terms of Service by you.
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 Services, you agree to the following terms and conditions to the extent they apply thereto (such Services accessed via mobile devices referred to herein as the “Licensed Application(s)”):
Certain of the USL Family’s official applications are made available through our Third Party Provider, FanThreeSixty. By using such official applications, you agree to be bound by the terms and conditions furnished by FanThreeSixty, available at https://www.fanthreesixty.com/terms-and-conditions/
We may, in our sole discretion, change, suspend or discontinue any aspect of the Services, at any time with or without notice and with or without cause, including the availability of any Service feature, database, or content. We may also cancel your registration password, or impose limits on certain features or services or restrict your access to parts of the Site, or the entire Site, or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Services.
The Services, the Software and other materials downloaded from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site (including, without limitation any Licensed Application or other Services) may be downloaded or exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Libya, Syria, Sudan, or any other country to which the United States has embargoed goods or has been designated by the United States as a “terrorist supporting” country; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the use of the Services or the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
These Terms of Service constitute the entire agreement between the parties, and they supersede 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 Services 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. USL Family'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 USL Family's right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.