Effective Date: October 22, 2018
We may, in our sole discretion, modify these Terms with or without notice to you. The “Effective Date” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you agree to such modifications. Therefore, you should review these Terms prior to each use of the Services. When using particular services or features or making purchases on the Services, you will be subject to any posted guidelines or policies applicable to such services, features, or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.
If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services, and fulfill the obligations set forth in these Terms.
ACCESSING THE SERVICES AND AVAILABILITY OF SERVICES
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access web-based content, and must pay any service fees associated with such access. You must have an internet-enabled cell phone or device using either the iOS or Android operating system to access the App. Normal carrier charges and taxes may apply to any content you obtain from the Services. The Company is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.
If you download and use the App, you will be asked when you first use the App whether you agree that to receive push notifications, including promotional push notifications. You may stop receiving push notifications by either turning off notifications associated with individual categories or by globally disabling the push notification functions from the App.
The availability of the content on the Services may be affected by a variety of factors, including NFL Rules, technical problems or network delays, Company discretion or other reasons. For purposes of these Terms, “NFL Rules” means (a) the Constitution and Bylaws of, and other rules, regulations, resolutions, agreements and requirements of or issued by, the NFL and/or any other NFL Entity (as defined herein), as they presently exist and as they may, from time to time, be entered into, created or amended; and (b) any action taken by the commissioner of the NFL or any person having authority delegated by the commissioner of the NFL pursuant to any document, policy, rule, regulation, resolution or requirement referred to in clause (a) of this definition. From time to time, we may restrict access to some parts of the Services, or all the Services, to users, including registered users.
Not all of the features available through the Services, including but not limited to certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you access the Services. If we change the minimum technical requirements after you initially access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (collectively an “Account”), you must treat your Account as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to it. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. In the event of any unauthorized access or use, we may impose additional security obligations on you. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of such access and shall notify us as soon as possible. You shall otherwise cooperate and assist with any investigation relating to any such unauthorized access.
If you submit feedback or suggestions about the Services, we may use your feedback or suggestions without obligation (including any compensation or attribution) to you.
INTELLECTUAL PROPERTY RIGHTS
Using our Services does not grant you any intellectual property rights in the Services. These Terms permit you to use the Services for your personal, non-commercial use only. You acknowledge that all materials on the Services, including but limited to the interface, graphics, text, sounds, pictures, software and other files, and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company or its licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights.
All rights to the Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner.
The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes in the physical or digital space. The Company’s and Cumberland Stadium Inc.’s (“CSI”) trademarks, services marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Services are the sole property of the Company and/or its licensors and may not be copied imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company.
Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The Company will enforce its intellectual property rights to the fullest extent of the law.
If you believe in good faith that your copyrighted work has been reproduced and is accessible on the Services in a way that constitutes copyright infringement, please email firstname.lastname@example.org with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Services that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and,
(f) an electronic or physical signature.
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 copyright laws.
The Services may contain message boards, chat rooms, profiles, forums, social media integration, social league participation, contents, promotions, sweepstakes, competitions, and other interactive features where you are invited to post your own content (“User Content”). You understand that all User Content, whether you have publicly posted it on the Services, posted it as part of your profile, or privately transmitted it the Company, is your sole responsibility. Though the Services are designed to be a safe place to share such User Content, the Company cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services.
All User Content must comply with these Terms. The Company is not responsible for a User’s misuse, inappropriate use, or misappropriation of any User content you post to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent, or objectionable. The Company does not endorse or have control over what is posted as User Content. User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company.
By posting any User Content at or on the Services, you hereby grant the Company a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology not known or later developed. You waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content.
You represent and warrant that: (1) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this User Content Section, and (2) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to, on, or through the Services.
You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties, or protect the rights, property, or personal safety of the Company, its users, and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to networks or devices.
The Company shall be entitled to unrestricted use of any User Content it may receive from you or other users through the Services, for any purpose whatsoever, including commercial purposes, without compensation to you as the provider of the User Content. The Company reserves the right to terminate your access to the Services if the Company determines, in its sole discretion, that doing so is prudent.
You may only use the Services for lawful purposes and in accordance with these Terms. You agree not to engage in any of the following activities:
1. Violating laws and rights: You may not: (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation: You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
3. Disruption: You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others: You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
5. Impersonation or unauthorized access: You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services. You may not use or attempt to use another’s account or personal information without authorization; and you may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
The Company has the right to, in our sole discretion: (1) review, edit or refuse to post any User Content, in whole or in part, and to terminate your ability to post User Content for any reason; (2) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; (3) terminate or suspend your access to all or part of the Services for any or no reason including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, court order or other governmental or NFL investigation requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
LINKS AND THIRD PARTY WEBSITES
Links on the Services to third party websites and Apps are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or Apps are solely between you and such third parties. You agree that the Company will not be responsible or liable for any content, goods, or services provided on or through these outside websites or Apps or for your use or inability to use such websites or Apps. You will use these links at your own risk. You are advised that other websites on the Internet and mobile Apps, including third party websites and Apps linked from the Services, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of other's rights, or otherwise unlawful. The Company expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third party website or App.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available only for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you. These Services include content provided by third parties, including materials by other users, bloggers, third-party licensors, and others. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions of the person providing those materials and in no way reflect an endorsement by or opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
TITANS TEAM STORE
CONTESTS, SWEEPSTAKES, AND OTHER PROMOTIONS
Any contests, sweepstakes, raffles, surveys, games, or similar promotions (the “Contests”) made available through the Services are governed by specific rules that are separate from and in addition to these Terms. By participating in any such Contests, you will become subject to those rules, which may vary from these Terms set forth herein, and which are incorporated into these Terms.
We make no claims that the Services or any of its content is accessible outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access Services from outside the United States, you do so on you own initiative and are responsible for compliance with local laws.
THE COMPANY DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will The Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, The Company’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against The Company, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Company by any third party due to or arising out of or in connection with your use of the Site.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available. Information identifying current providers of such protection is available on-line.
GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Davidson County, Tennessee, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If you and the Company do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
All disputes arising under this Agreement that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Tennessee necessary to protect its rights or property pending the completion of arbitration.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the Company with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. All interpretations of these Terms will be at the Company's sole discretion and the Company's decisions will be final. When used in these Terms, the word “including” shall be deemed followed by the words “without limitation.”
If you have any comments, questions, or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at email@example.com.