1. Ownership and Use Restrictions
The Website is operated by D.C. United, as agent for Major League Soccer, L.L.C. ("MLS"). D.C. United, MLS, Soccer United Marketing, LLC ("SUM") and each of their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators."
Modification of any Content on the Website in any manner is a violation of the applicable owners' copyright and other proprietary rights.
2. Registration for Use of Certain Features
You may be asked to select a user name ("User Name") for identification purposes. You must not use any User Name that violates any term of Sections 3(i)-(ix) below, or any other operating term set forth by the Operators. You may also receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section 2.
3. Message Features
- imposes an unreasonable or disproportionately large load on the Website infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Website;
- is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- 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;
- 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;
- contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
- contains any information, software or other material of a commercial nature;
- contains advertising, promotions or commercial solicitations of any kind;
- constitutes or contains false or misleading indications of origin or statements of fact; or
- contains material irrelevant to the subject matter of the Message Feature.
The Operators and their third-party providers (the "Vendors") shall have the absolute right, but not the obligation, to review, edit or delete any Message transmitted in any Message Feature or any Screen Name that:
Messages submitted to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, and Screen Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or Screen Name to the Website, you acknowledge that any information disclosed by you therein:
- may be used by any third party;
- is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto;
- is subject to the grant of Rights to the Operators and the Vendors described in paragraph 4 below.
By transmitting any Message or Screen Name (see paragraph 3 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a "Submission" and, collectively, "Submissions"), you are granting the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you on or to the Website will be owned exclusively by MLS or the other Operators and may be used by MLS or the other Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of MLS or the other Operators. MLS and the other Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.
- Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Website, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Website regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operators of the Rights described above.
- Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Website, D.C. United, MLS and the other Operators, it is the Operators' not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by D.C. United, MLS or the other Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Website or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future D.C. United, MLS or other Operator designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operators. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.
5. Terms of Sale
SALES FROM THE OFFICIAL SHOP ("SHOP"), AUCTIONS ("AUCTIONS"), THE TICKETING FEATURE ("TICKETING") AND SALES OF SUBSCRIPTION CONTENT SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE (COLLECTIVELY, THE "SERVICES") ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Many areas on the Website (including, but not limited to the Shop, Fantasy, Auctions, Ticketing, the Services, Mobile) allow you to order goods and/or services supplied by Vendors. Auctions allow you to purchase merchandise through an auction process (products purchased through the Shop and the Auctions are collectively referred to as the "Merchandise"). The Website also provides Ticketing, which allows you to purchase tickets for MLS games.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE WEBSITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. THE OPERATORS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, AUCTIONS,,TICKETING OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE,TICKETS OR SERVICES.
With respect to Merchandise offered and/or sold via the Shop, we cannot confirm the price of an item until you order; however, neither the Operators nor the Vendors charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in our Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, our Operators or Vendors will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, our Operators or Vendors will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
With respect to the sale of certain Merchandise to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2006):
- 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 Website, 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.
The Services, depending on which you subscribe to, may allow you to, among other things: watch certain live and/or historic Major League Soccer game telecasts and/or post-game video clips and/or video clip compilations; listen to certain live and/or historic Major League Soccer game radio broadcasts; play fantasy soccer games; create and maintain your own blog; receive Major League Soccer-related textual content; and access Major League Soccer-related content via wireless devices. The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Programming, pricing, terms and conditions of Services are subject to availability and change.
Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by the Operators (e.g., your IP address). Scheduled games may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions apply to Services which allow you to watch video of live games, including, without limitation for all nationally television games (including those on ESPN, ESPN2, ABC). For these Services, you must submit your email address provided by either your Internet Service Provider or place of work. For example, clicking on a live link will perform and trigger a number of checks to make sure that you are located outside of the applicable blackout territory. Due to the foregoing blackout restrictions, you may be required to log in to each webcast (both for free and subscription fee webcasts) with a valid major credit card for address verification. In such a case, a temporary $1.00 authorization hold will be placed on your credit card, which will subsequently expire. You will not incur a charge for this authorization hold. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND THE OPERATORS RESERVE THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
The following restrictions ("Linkage Restrictions") apply to all links to or from the Webite from or to any on-line, cable, wireless or other website, service, browser or other resource:
- On-line, cable, wireless or other websites, services, browsers or other resources created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial Sites") may not link to the Website without the written permission of the D.C. United, even if the page/area where the link originates does not promote a product, brand or service.
- Websites, services, browsers and other resources other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to the Website without the express written permission of D.C. United if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "dcunited.com," "The Official Website of D.C. United"); 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 D.C. United logo, or any other logo of the MLS or its teams (a "logo" link) may not be used to link to dcunited.com without the express written permission of MLS.
- No link to the Website may be "framed" by the Permissible Site 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 D.C. United or the other Operators of any third party website or content. The Operators are not responsible for the availability of these third party resources or their contents. The Operators have not reviewed any or all of the sites linked to the Website and are not responsible for the content of any off-site pages or any other sites linked to the Website. Your linking to the Website, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the 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 the Operators 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.
8. Disclaimer of Warranties and Damages; Limitation of Liability
While the Operators use reasonable efforts to include accurate and up to date information in the Website, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the Content of the Website. The Operators make no representation that the Content contained in the Website is 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 on your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT IN THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE 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 THE OPERATORS 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 THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE WEBSITE, OR THE USE OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS WEBSITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS WEBSITE, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Website. All of your business dealings with vendors and advertisers appearing on or through the Website shall be at your sole risk.
The Operators may give notice to users of the Website by means of a general notice on the Website or electronic mail to a user's e-mail address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:
- Electronic mail to firstname.lastname@example.org;
- A letter faxed to D.C. United Customer Service at the following fax number: (202) 587-5400;
- Letter delivered by first class postage prepaid mail or courier to;
D.C. United Customer Service
2400 East Capitol ST SE
Washington, DC 20003
10. 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"), MLS has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Website (the "Designated Agent"). All such notifications relating to the Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Major League Soccer, L.L.C.
420 Fifth Avenue, 7th Floor
New York, NY 10018
Attn: General Counsel
To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. Termination of Service
13. Choice of Law
Date of last revision: March 5, 2009