Original XFL.com Terms & Conditions of Use
       
 


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Terms & Conditions of Use (for Original XFL.com)
Terms and Conditions of Use

WELCOME TO XFL.COM!

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE (“Site”).

This Site is owned and operated by XFL, LLC (“XFL” or “we”). By accessing and using this Site, you signify your agreement to these terms and conditions of use (“Terms of Use”). If you do not agree to these Terms of Use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add to, or remove portions of these Terms of Use at any time. We suggest that you review these Terms of Use periodically for changes. Your use of this Site after the posting of changes to these Terms of Use will mean you accept the changes. XFL may also offer other services from time to time that are governed by different terms and conditions of use.

OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
The football-related content and materials contained within the Site (including, but not limited to, video, audio, photos, text, images, statistics, updated scores, logos and other intellectual property related to the XFL and its member teams) ("XFL Content") are either owned by or licensed to XFL. No XFL Content from the Site may be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used, except as provided in these Terms of Use, without the written permission of XFL.

All materials contained on this Site are the copyrighted property of XFL or its affiliates and/or our third party licensors. You may not distribute, reproduce, republish, display, modify, transmit, reuse, repost, or use any materials of the Site for public or commercial purposes on any other web site or otherwise without the written permission of XFL. You may, however, download material displayed on the Site to any single computer only for your personal, noncommercial use, provided that (i) you keep intact all copyright and other proprietary notices; (ii) you do not modify any of the materials; (iii) you do not use any materials, without our express written permission, in a manner that suggests an association with any of our products, services, or brands and (iv) you do not download quantities of materials to a database, including those that can be used to avoid future downloads from this Site. For purposes of these Terms of Use, the use of any such materials on any other Site or computer environment is prohibited without our express written permission. Modification of any materials displayed on the Site is a violation of XFL’s copyright and other proprietary rights.

The XFL name and logo and the names and logos of the XFL teams are the property of XFL. All other trademarks, logos and service marks (collectively, "Marks") appearing on the Site are Marks of their respective owners. Nothing contained on the Site should be construed as granting (by implication, estoppel, or otherwise) any license or right to use any Mark displayed on the Site without the written permission of its respective owner. Your use of the Marks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.

Images of people or places displayed on the Site are either the property of, or used with permission by XFL. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. XFL neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with XFL.

If you download software or applications from this Site, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the “Software”) are licensed to you by XFL or our third party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you, and XFL (or our third party licensors) retains full and complete title to the Software and all intellectual property rights in and to the Software. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce the Software to readable form.

PRIVACY AND SECURITY
XFL takes the issue of your privacy seriously. To the extent we collect from you through this Site credit card information and/or shipping or billing information, we provide your credit card number and billing and shipping information only to fulfillment vendors who process and ship the goods or services you purchase through this Site. Those vendors are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more information on how XFL and our affiliates use and protect the personal information you may provide through this Site, please click here to review our Privacy Policy [INSERT LINK].

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating vendors.

Please keep in mind that whenever you provide personal information online – for example, via message boards or chat – that information can be collected and used by people you don’t know. While XFL strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. You may not use or attempt to use this Site to collect personal information about other persons or in any other manner that is inconsistent with another person’s privacy or personal data protection rights.

MONITORING OF WEB SITE
XFL expressly reserves the right to monitor any and all uses of this Site. However, XFL is under no obligation to do so, and we assume no responsibility or liability arising from or relating to the content of any transmissions by third parties to or through this Site or for any error, omission, defamatory or libelous statement, falsehood, obscenity, pornography, profanity or inaccuracy contained in any information transmitted by third parties to or through any location on this Site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or any of these Terms of Use, or any other term or condition of use posted on this Site. XFL reserves the right to cooperate fully with law enforcement authorities or court orders requesting or directing XFL to disclose the identity of anyone transmitting any such materials to or through this Site. XFL may also disclose such information if we have a good faith belief that such disclosure is reasonably necessary to protect the rights, property or personal safety of XFL, our third party licensors, customers or the public.

SUBMISSIONS
By submitting any creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, "Submissions"), you are automatically granting XFL 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, but not limited to, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you to this Site will be owned by XFL and may be used by XFL for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of XFL. XFL also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.

A. Solicited Submissions: At times, XFL may solicit Submissions from visitors to this Site, including, but not limited to, information, polls, ideas, artwork, recruiting data or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to XFL of the Rights described above.

B. Unsolicited Submissions: Although we are pleased to hear from XFL fans and welcome your comments regarding the Site and the XFL, unfortunately, the Site's policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by XFL or the XFL might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, 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 XFL products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of XFL. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to XFL of the Rights described above.

THIRD-PARTY CONTENT
Please exercise discretion while browsing the Internet or using this Site. You should be aware that while using this Site you could be directed to other Sites by links and other features found on this Site. If you click on those links or other features, you may be visiting a Site that is not owned or operated by XFL and over which XFL has no control. For example, if you click on a banner advertisement, the click may take you to the Site of a company that is not related to XFL and over which XFL has no control. This includes links from advertisers, sponsors, content partners and other users that may use our logo(s) as part of a co-branding or affiliate agreement. These other Sites may collect data, solicit personal information and generate cookies on your computer in a manner different from our Sites. These other Sites may also contain information that you may find inappropriate or offensive.

XFL is in no way responsible for the content or availability of information found on any Site owned by a third party that may be linked to XFL’s Sites by a hyperlink, whether such hyperlink is provided by XFL or by a third party. By providing access to third party Sites or advertisements, XFL is not endorsing the products or services provided by the owner or operator of such Sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party Sites linked to this Site. We cannot ensure that you will be satisfied with any products or services you purchase from a third party Site that links to or from this Site or that you purchase through third party advertising or content on this Site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party Sites, including third party Sites accessible by links from this Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

DISCLAIMER
THE MATERIALS ON THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION
To the extent we have assigned to you an account through this Site, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You hereby indemnify, defend and hold XFL and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR MATERIALS OR FUNCTIONS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO XFL, IF ANY, FOR ACCESSING THIS WEB SITE.

JURISDICTIONAL ISSUES
This Site is controlled and operated by or on behalf of XFL and its affiliates. We make no representation that materials or products offered on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from this site are further subject to United States export controls. No software or products offered on this site may be downloaded, shipped or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By purchasing products or downloading or using the Software offered on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION
We may terminate your access to this Site immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on this Site. Upon termination of your use of this Site, you must cease use the Site and destroy all materials obtained from the Site and all copies of such materials. If you have any problems with this Site or your use of this Site or with these Terms of Use, your sole and exclusive remedy is to cease using this Site.

GENERAL PROVISION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut and is subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Fairfield County, Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. These Terms of Use constitute the entire agreement between us relating to your use of this Site.
 

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