Certain portions of the Site may be subject to registration, processing and fees and/or subject to additional terms of service. You are responsible for promptly paying those fees to ensure your right to access the applicable portions of the Site and/or the applicable Services. You are solely responsible for providing any hardware, systems and software programs needed to access the Site, and for any associated fees, charges and expenses. For example, you are required to obtain at your own cost a compatible personal computer, smart phone, tablet or other device, an Internet access plan from a service provider and a valid email address. By using the site, you acknowledge that location-based services may be used, however your consent will always be obtained prior to using such location data.
Everything that you read or see on the Site is copyrighted or otherwise protected and owned by USAF or a third party who licensed or granted to USAF the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in this Agreement or with the prior written approval of USAF.
We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the services or products offered on the Site. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of these materials. This grant of permission is not a transfer of title, and under this permission you may not:
We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.
We respect the intellectual property of others, and we ask our content partners and users to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Site in a way that constitutes copyright infringement, you may notify USAF by providing USAF's copyright agent the following information:
A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf. USAF's agent for notice of claims of copyright infringement on the Site can be reached as follows:
Attn: General Counsel
45 N Pennsylvania Street, Suite 700
Indianapolis, IN 46204
USAF may provide links and pointers to Internet sites maintained by others ("third party sites"). USAF has not reviewed all of the third party sites linked to the Site and is not responsible for the content of or any products or services offered in such third-party sites. USAF takes no responsibility for your dealings with, including any on-line or other purchases from, any third party sites. USAF shall not be liable for any loss or damage incurred by you in your dealings with third party sites.
USAF may provide interactive areas on the Site in which you may post communications. All information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not USAF, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. USAF does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will USAF be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. The internet has no geographical boundaries, and you therefore shall comply with all local rules regarding online conduct and acceptable Content. Specifically, you shall comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
USAF does not claim ownership of any Content submitted and/or posted by you on the Site. However, by submitting and/or posting any Content to the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the interactive areas and the Site, you agree not to: impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of USAF; use an inappropriate member name of any kind; target or harm minors in anyway; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; "stalk" or otherwise harass another; Accessing, or attempting to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of USAF's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data; Infringement of intellectual property rights or other proprietary rights including, but not limited to, material protected by copyright, trademark, patent, trade secret, or other proprietary rights of any third party; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
The foregoing actions shall constitute a material breach of this Agreement. USAF reserves the right to delete any Content, postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with USAF. USAF and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site. Without limiting the foregoing, USAF and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you may not rely on any Content created by USAF or submitted to USAF, including without limitation information in any message boards on the Site and in all other parts of the Site.
USAF may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of USAF, its users and the public.
If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, recipes, or other information, you are giving that information, and all your rights in it, to USAF free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by USAF for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, or in any other manner.
Through your usage of the Site, you may submit and/or USAF may gather certain limited information about you and your web site usage. USAF is free to use such information for any purpose it deems appropriate, including marketing purposes.
Digital Millennium Copyright Act DMCA Take down Procedures
If you as the owner or agent of a copyright believe there is infringing media on our website, please send an email to email@example.com with the following statement and information:
By sending an email to the above mentioned address I state that:
USAF AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES. USAF DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY SPEED. USAF DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. THE SERVICES AND THE SOFTWARE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH USAF OR THE INTERNET, SYSTEM INTEGRATION, OR NON-INFRINGEMENT. USAF DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SERVICE OR USAF'S SERVICES IN PARTICULAR. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY USAF, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. USAF AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, USAF'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
USAF SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF USAF, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST USAF IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
You shall indemnify, defend and hold USAF, and its subsidiaries, affiliates and their respective officers, directors, employees and agents and co-branders or other partners harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that USAF may sustain or incur by reason of (i) any breach or alleged breach of any term or condition of this Agreement or incorporated agreements arising from your use of the Site and any of the Services or information offered thereon including, without limitation, (x) your dissemination of any information on the Site, (y) due to or arising out of content you submit, post, transmit or make available through the Site, and/or (z) your violation of this Agreement, and/or (ii) your violation of any rights of another.
All materials on this Site are provided solely for the purpose of promoting USAF's operations and products in the United States and its territories, possessions and protectorates. USAF makes no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by USAF. The use or misuse of any of these marks or other information is strictly prohibited.
USAF may modify this Agreement at any time without notice to you. USAF may terminate this agreement, terminate your access to all or part of the Site, or suspend any user's access to all or part of the Site, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or for its convenience. You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.
USAF may establish without notice limits on the use of the Site, including the maximum number of times Users may post to or participate in the on-line communities, or to the number of times Users may access the Site. USAF reserves the right to modify any and all portions of the Site without notice. Under no circumstances shall USAF be liable to User or any other party for such limits or modifications.
USAF may terminate your access to the Services, your account, your password, or this Agreement for cause or no cause, with or without written notice to you. Upon termination, you will have no right to use the Services or access any stored content on the Services (and any such content will be forfeited).
You may cancel billing for your use of any of the Services at any time by calling USAF or by using any other means that USAF has made available for account termination, provided that you remain liable for any fees to which you have committed at the time of registration. If you are dissatisfied with this Agreement or any terms, policies, or practices of USAF in operating the Services, any content available through the Services, or any changes to the Agreement or Service, your sole recourse is to cancel your account properly and pay any cancellation fees that apply. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received.
If your account is terminated or cancelled by USAF or by you, any unread email sent prior to termination (or deletion of your account) and all files stored on USAF servers may be deleted by USAF.
Notices may be posted to the USAF web site or e-mailed to Users using the e-mail address Users submitted during the registration process. Any party seeking to report any other potential violations of their rights or of this Agreement or otherwise may contact USAF via email at firstname.lastname@example.org.
This Agreement shall be governed by the laws of the State of Indiana. User shall submit to the personal and exclusive jurisdiction of the state and federal courts located within Marion County, Indiana or the City of Indianapolis in the State of Indiana.
This Agreement and USAF's other agreements and policies posted on the Site constitute the entire agreement between you and USAF with respect to your use of the Service and use of the USAF web site. USAF may revise, amend, or modify the Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted on USAF's Web site and/or on your start pages and/or by email and/or in our various publications and mailings to you. You may agree to other terms and conditions by virtue of offers made to you by virtue of your Membership, by communicating with advertisers or by access to certain services offered in and through the site. The failure of USAF to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired. Any claim arising under the terms of this Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
You may not assign your rights or delegate any of your duties under this Agreement. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. USAF may subcontract any work, obligations or other performance required of USAF under this Agreement without your consent.
The failure of either you or USAF to insist upon or enforce strict performance by the other of any provision of the Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and USAF nor trade practice will act to modify any provision of the Agreement.
Any party seeking to report any other known or suspected violations of this Agreement or otherwise may contact USAF via email at email@example.com. You can reach us by posted mail at:
USA Football, Inc.
Attn: General Counsel
45 N Pennsylvania Street, Suite 700
Indianapolis, IN 46204
USA FOOTBALL, INC. ("USAF", "we", or "us") recognizes the importance of protecting the privacy of information provided by users of our web site, www.usafootball.com and our application(s), which include but are not limited to Heads Up Football (web site and applications are collectively referred to as the "Site"). We created this policy ("Policy") with a fundamental respect for our users' right to privacy and to guide our relationships with our users. The Policy discloses the privacy practices for the Site. USAF may modify the Policy at any time and, accordingly, we urge you to frequently review the Policy. USAF will always apply the Policy under which your information was collected, unless we obtain your consent.
This Policy was last modified on July 26, 2012.
USAF may use your Personal Information for the following purposes: to process your registration or orders; to administer your account; to administer and improve the Site and related services; to notify you of our or third party products, services, promotional events or special offers that maybe of interest to you; to enhance your online experience and content, to make information and opportunities available to you, to provide Internet security; and to meet legal requirements. USAF may work with our business partners who may perform certain functions on our behalf, such as fulfilling orders, sending email messages, managing data, processing credit card payments or providing customer service. These business partners have access to your Personal Information only to the extent necessary to perform these specific functions and may not use it for any other purpose. When USAF offers co-branded, customized or sponsored products and services, or when we join with other parties to provide specific products or services, we may share (provide and receive) Personal Information with them. We do not share credit card information with such third parties. These third parties will use the information according to their own privacy policies, and we urge participants to read those policies before registering. Other than for the specific purposes set forth in this Policy, USAF will not disclose your Personal Information unless we obtain your prior consent or are legally required to do so. USAF may use third party advertising companies to place ads on the Site and to place our ads on other web sites. These companies may use Anonymous Information about your visits to this and other web sites to provide advertisements on the Site and other sites about goods and services that may be of interest to you. If USAF is involved in the sale of a substantial portion of its business assets, Anonymous or Personal Information may be among the transferred assets.
The Site may have features where you can submit information to us (such as our feedback forms or committee interest forms). Such submissions may be made public. Requests for service, support or information may be forwarded as needed to best respond to a specific request. We may retain e-mails and other information sent to us for our internal administrative purposes, and to help us to serve customers better. When you send an email or submit information to us through the Site, you are communicating with USAF electronically. You thereby consent to receive communications from USAF electronically. We will communicate with you by email or by posting notices on the Site. All agreements, notices, disclosures and other communications that USAF provides to you electronically satisfy any legal requirement that such communications be in writing.
In order to best serve our members, we may send updates that contain important information about the Site and our services. For example, we send new members a welcoming message, and verify password and username for our password-protected sites. We may also communicate with you to provide requested services and for account-related issues via e-mail, phone or regular mail. We offer you the option to receive information about our organization, related products, services and special events. You can choose not to receive these communications, as set forth in our Permission section below.
You will be notified if the Site desires to use your location and you will be required to opt-in to such use. All such information will be used in accordance with the terms hereof.
Members may update their Personal Information (such as a change in address, email, or phone number), by logging into the members only portion of the Site. Should a non-member need to change their Personal Information, they can contact Member Services at 877-536-6822, or e-mail firstname.lastname@example.org. If you no longer desire our product(s)/service(s), you should contact Member Services for the applicable product or service or email email@example.com.
You are given the opportunity to choose whether to receive information from USAF, our sponsors or our publishers not directly related to the registered services. You also have the opportunity to choose whether to have Personal Information shared with third parties for marketing purposes. Instructions for how to exercise this choice are contained in e-mails sent by us, on our product web sites and in each of our publications. Should you wish to not have your information shared with USAF approved third parties, please email USAF at firstname.lastname@example.org. Please note that we will endeavor to implement requests within a reasonable time, although for a time you may continue to receive mailings or communications transmitted based on information released prior to the implementation of the request. You will continue to receive information directly related to your registered services, so you always are kept informed.
USAF encourages parents and guardians to be aware of and participate in their children's online activities. We strictly adhere to the Children's Online Privacy Protection Act and will not knowingly collect, use or disclose Personal Information from any child under the age of 13 in any manner that violates this law.
We use industry-standard encryption technologies when transferring and receiving your information. Additionally, we implement commercially reasonable security measures at our physical facilities to protect against loss or misuse of your information. USAF uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. Any unauthorized use of the Site may result in criminal and/or civil prosecution.
The Site may contain links to other sites. USAF is not responsible for the privacy practices or content of such other sites even if these third-party websites are listed as affiliates or as those with whom we have partnered. We encourage you to be aware when you leave the Site and to read the privacy statements of each web site to which we may link that may collect personally identifiable information. As well, we are not responsible for the misuse of USAF's name, products or services listed on other sites.
Beginning January 1, 2005, California law permits individuals who are California residents to request once in any calendar year certain information regarding our disclosure of Personal Information to third parties for marketing purposes. To make such a request, please contact us by email at email@example.com, or write to us at: USA Football, 45 N Pennsylvania Street, Suite 700, Indianapolis, IN 46204.
For questions about this privacy statement, or questions concerning the practices of the Site or any dealings with USAF contact:
45 N Pennsylvania Street
Indianapolis, IN 46204