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TERMS OF USE


Your access to and use of this website, WUSA.com (the "Site"), is subject to the following terms and conditions (“Terms Of Use”), the WUSA Privacy Policy, and all applicable laws. Please read the Terms of Use prior to using the Site. By using the Site, you signify your agreement to the Terms of Use. If you do not agree to the Terms of Use, you must not access or use the Site.

The Terms of Use may be modified at any time without notice. We intend to modify these Terms of Use from time to time, so please check these Terms of Use periodically for changes. Your use of the Site following the posting of any such changes will mean you accept those changes.



1. OWNERSHIP AND USE RESTRICTIONS

This Site is owned by the Women’s United Soccer Association Players’ Association (“WUSA Players”) and operated by the WUSA Players and WUSA Festivals, LLC, doing business as the Women’s United Soccer Association (collectively "WUSA").

The content on the Site (including but not limited to video, audio, photos, text, images, statistics, scores, logos (“Content”)) is owned by or licensed to WUSA. Except as expressly provided in these Terms of Use, no Content may be reproduced, republished, uploaded, downloaded, posted, transmitted, distributed, publicly displayed or otherwise used for any purpose without the express written permission of WUSA.

You may download Content only for your personal noncommercial use, and only provided you retain all copyright and other proprietary notices contained therein. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, or use any materials of the Site for any public or commercial purposes without the written permission of WUSA. Modification of any materials displayed on the Site is a violation of the WUSA’s and/or its licensors’ copyright and other proprietary rights. All rights in and to the Content not expressly granted herein are hereby reserved by WUSA and its licensors.

The WUSA name and logo and the names, urls and logos of WUSA.com and the WUSA teams are the property of the WUSA. All other trademarks, logos and service marks appearing on the Site are trademarks 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 trademark without the express written permission of its owner.



2. REGISTRATION FOR USE OF CERTAIN FEATURES

To access certain features of the Site, you may be required to register with WUSA by providing certain information about yourself, including your name and e-mail address. In consideration of such access, you agree to provide true, accurate, current and complete information about yourself as requested. You also should review the WUSA's Privacy Policy, which is incorporated by reference into these Terms of Use, to understand more specifically how your personal information is collected and used.



3. VOTES, CONTESTS AND SWEEPSTAKES

The Site may offer you opportunities to vote in connection with certain events, such as balloting, polls, and offers to enter contests and sweepstakes. By casting a vote, participating in a poll, or entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Site applicable to such balloting, contest, polls, or sweepstakes, as well as to all other terms set forth in these Terms of Use and the WUSA Privacy Policy.



4. LINKING TO THE WUSA.COM SITE

The following restrictions (“Linkage Restrictions”) apply to all links to the Site:

A. Sites licensed by or substantially associated with any entity that regularly promotes any product, brand or service ("Commercial Site") may not link to WUSA.com without the written permission of WUSA, even if the page/area where the link originates does not promote a product, brand or service.

B. Sites, other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites) ("Permissible Sites") may link to WUSA.com without the express written permission of WUSA if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "WUSA.com," or "The Official Site of WUSA"); 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.

C. The WUSA.com logo or any other logo of WUSA or its teams (a "logo" link) may not be used to link to WUSA.com without the written permission of WUSA.

D. No link to the Site 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 Site from a Permissible Site must be to the Site's home page or to the homepage of a particular team. Links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) other than to the home page of a team are not permitted.

F. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.



5. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

While the WUSA Players, WUSA Festivals, LLC, and Infinity Pro Sports (which hosts and helps manage the Site) (collectively, the “Operators”) use reasonable efforts to include accurate and up-to-date information in the Site, they make no warranties or representations as to its accuracy and assume no liability or responsibility for any errors or omissions in Content.

The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in any particular country, state, province, county or any other jurisdiction. If you choose to access the Site, you accept the risk and are responsible for compliance with all applicable laws.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. THE OPERATORS ARE NOT LIABLE FOR ANY CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES. YOU USE THE SITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATORS BE LIABLE 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 UNAUTHENTICITY OF ANY CONTENT, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT. IN NO EVENT SHALL THE OPERATORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the WUSA or any affiliate of any third party site or content. The Operators are not responsible for the availability of these third party resources, or their contents. Your linking to the Site, 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 Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within them, and you hereby revoke any claim against the Operators with respect to such other sites.

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, 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 the result of any such dealings, or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.



6. AGENT FOR CERTAIN CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), WUSA has designated the following agent to receive notifications of claimed copyright infringement relating to the Site (“Designated Agent”). All such notifications relating to the Site must be submitted to the Designated Agent.

WUSA Copyright Notice Agent
Attn: Robert Baron, Esquire
Ballard Spahr Andrews & Ingersoll, LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103
Telephone: 215.665.8500
Fax: 215.864.9836
Email:Baron@ballardspahr.com



7. INDEMNIFICATION

You hereby agree to indemnify and hold the WUSA Players, its member teams, WUSA Festivals, LLC, WUSA.com, Infinity Pro Sports, and each of their respective general and limited partners, members, directors, officers, players, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including, but not limited to use of any feature or the store; and (ii) any breach or alleged breach of these Terms of Use.



8. TERMINATION OF SERVICE

The Operators may change, add to, suspend or discontinue any aspect of the Site or the entire Site at any time with or without notice. The Operators also may cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time in the Operators’ exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operators’ respective businesses, or to other information providers. Upon any termination of this agreement, you will immediately discontinue your use and access of the Site and destroy all Content.



9. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and WUSA, and supersede all prior and contemporaneous written or oral agreements, or communications with respect to the subject matter herein between you and WUSA. WUSA in its sole discretion may amend these Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Use are for convenience only and must not be given any legal import. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms of Use shall be construed under the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any litigation relating to these Terms of Use or the Site shall be maintained in a federal or state court located in the County of Philadelphia, Commonwealth of Pennsylvania, and in any such litigation you hereby waive any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum.



Copyright © 2004 Women’s United Soccer Association Players’ Association. All rights reserved.




LAST UPDATED: July 21, 2004.
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