MLSPLAYERS.ORG USER AGREEMENT
1. OWNERSHIP OF WEBSITE AND USE RESTRICTIONS
The Website is owned and operated by the Major League Soccer Players Union ("MLS Players Union" or "Operators"), an unincorporated labor organization. All materials, including but not limited to, images of persons or places, on the Website are either owned by, or licensed to, the MLS Players Union. Except for downloading one copy for your personal, non-commercial use, no content from the Website may be reproduced, republished, posted, uploaded, transmitted, distributed, copied, nor may any derivative works be prepared from any content from the Website, without first obtaining the written permission of the MLS Players Union.
2. TRANSMISSION OF MESSAGES
The Website may offer opportunities for you to transmit messages in connection with various features such as e-mail, blogs, chats and message boards ("Message Features"). To participate in Message Features, you may be required to register by providing your accurate name and e-mail address. You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, bigoted, hateful, pornographic, profane, or sexually explicit; (iii) constitutes, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate 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; (v) contains a virus, Trojan horse, worm, time bomb, cancelbot or any other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Features.
The Operators and their third-party providers (the "Vendors") have the right, but not the obligation, to review, edit or delete any message or screen name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any message or screen name in any Message Feature does not constitute its approval or endorsement by the Operators or their Vendors. The Operators reserve the right, in their sole discretion, to terminate your access to the Website at any time. The Operators will cooperate fully with any law enforcement authorities or court order requesting or directing the Operators or their Vendors to disclose personal information of anyone who submits a message that violates the foregoing terms.
You acknowledge that all messages and screen names are not confidential and they may be read, used by third-parties, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and the Operators and their Vendors other than as expressly set forth in this Agreement.
By transmitting any message or screen name, or by submitting creative ideas, concepts, know-how, techniques, suggestions or materials (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. Anything you submit to the Website will be owned by the Operators and may be used by the 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 property of the Operators. The Operators also have the right, but not the obligation, to use your name in connection with any use or publication of your Submission without seeking or receiving your consent.
The following restrictions ("Linkage Restrictions") apply to all links to or from the Website:
A. 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, brand or service ("Commercial Site") may not link to mlsplayers.org without the written permission of the MLS Players Union.
B. Websites, services, browsers and other resources other than Commercial Sites ("Permissible Sites") may link to mlsplayers.org without the express written permission of the MLS Players Union if such link is: (i) a "word" as opposed to a "logo" link; and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, other commercial text or graphics that may be on the page/area containing such word link.
C. The mlsplayers.org logo or any other logo of the MLS Players Union may not be used to link to mlsplayers.org without written permission of the MLS Players Union.
D. 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.
E. All links to the Website from a Permissible Site must be to the Website's home page. Links to internal pages within the Website are not permitted.
F. Links to and from the Website or to other sites maintained by third parties do not constitute an endorsement by the MLS Players Union of any third party website or content. 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 within such other sites and you hereby revoke any claim against the Operators with respect to such other sites.
G. 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.
5. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE AND WARRANTIES OF MERCHANTABILITY OR 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 SITE 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 SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THIS SITE AT YOUR SOLE RISK.
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY THE OPERATORS OR ANY ACT OR FAILURE TO ACT BY THE OPERATORS, YOU ARE EXCLUSIVELY LIABILE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES OR MERCHANDISE.
IN NO EVENT SHALL THE OPERATORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME JURISDICITONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE OPERATORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE IS $50.
IN NO EVENT SHALL THE OPERATORS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
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. The Operators shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, or as a 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.
You hereby agree to indemnify and hold the MLS Players Union and their respective members, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website; or (B) any alleged breach of this Agreement.
8. CHOICE OF LAW; JURISDICTION; ATTORNEY'S FEES
This Agreement will be governed by the laws of the State of Maryland. Any court of competent jurisdiction having jurisdiction within Montgomery County, Maryland will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree with the terms of this Agreement, you must not use the Website. The Operators may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.