KIXXONLINE.COM Terms of Service
1. OWNERSHIP AND USE RESTRICTIONS
KIXXONLINE.COM is owned and operated by Brent LLC, dba Philadelphia KiXX. (“KiXX”). KiXX and its operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the “Operators.”
The content and materials contained within the website (including, without limitation, video, audio, photos, text, images, statistics, updated scores, logos and all copyrights and intellectual property related to the site, KiXX, the KIXX member teams and the KIXX sponsors, licensees and other affiliates) (the “content”) are either owned by, or licensed to, KIXX. The content from the site may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used, except as provided in these Terms of Service, without the express written permission of KIXX.
The Operators maintain the Site for your personal entertainment, information, education, and communication. Please browse the Site. You may download material displayed on the website to any single computer solely for your personal, non-commercial use, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other website or otherwise without the written permission of KIXX.
Modification of any materials displayed on the Site is a violation of the Operator’s copyright and other proprietary rights.
The names and logos of KIXX, the KIXX member teams, KIXX special events and the Site are the property of KIXX. All other trademarks, logos and service marks (each, a “Trademark” and, collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the express written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Service 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. The Operators neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the Operators.
2. REGISTRATION FOR USE OF CERTAIN FEATURES
In order to access certain features of the Site, you may be required to register with KIXX by providing certain information about yourself, including your name and e-mail address. In consideration for your access to these features of the Site, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of, and/or registration for, use of those features of the Site, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or KIXX has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, KIXX has the right to suspend or terminate your password and refuse any and all current or future use of the Site.
You may receive a password upon completing the registration process. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. KIXX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. MESSAGE FEATURES
You must use the Message Features in a responsible manner. You specifically agree to not transmit any message (each, a “Message” and, collectively, the “Messages”) in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Site infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or five rise to a criminal offense, civil liability or other violation of 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 any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (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 KiXXeading indications of origin or statements of fact; and/or (ix) contains material irrelevant to the subject matter of the Message Feature.
Although the Operators may from time to time monitor or review messages submitted on the Site, the Operators are under no obligation to do so and assume no responsibility or liability arising from the content of any message nor for any error, defamation, libel, slander omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any message in any Message Feature does not constitute approval or endorsement by the Operators.
Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than pursuant to these Terms of Service; and (iv) is subject to the grant of Rights to the Operators described in paragraph 4 below.
By transmitting any message (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 automatically 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 Site will be owned by KIXX and may be used by KIXX for any purpose, now or in the future, without any payment to you. All submissions, whether solicited or unsolicited, shall become and remain the property of the Operators. The Operators shall also have 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.
B. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site and KIXX, it is KIXX’s policy 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 the Operators or KIXX might appear to be similar to your submission(s). Accordingly, we must ask that you do not send us any unsolicited submissions via the Site 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 KIXX 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. THE ONLINE STORE (“STORE”) AND ONLINE TICKETING FEATURE (“TICKETING FEATURE”)
The Site may provide a Store that allows you to order products (the “Merchandise”) online, supplied by independent merchandise vendors (each, a “Vendor” and, collectively, the “Vendors”). The Site may also provide a Ticketing Feature that allows you to order tickets for KIXX games. ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. KIXX EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF : THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE OR THE TICKETING FEATURE, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE MERCHANDISE OR TICKETS. KIXX reserves the right to modify the prices of any Merchandise. KIXX is not responsible for any error in copy or images relating to Merchandise or tickets.
Questions relating to the Store, Merchandise and its fulfillment should be directed to KIXX either by: (i) e-mail to info@KIXXONLINE.COM; or (ii) telephone to (888) 888-5499.
The Site may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all voting guidelines set forth on the Site as well as in these Terms of Service.
The following restrictions (“Linkage Restrictions”) apply to all links to the Site from any on-line, cable, wireless or other website, service or browser:
A. On-line, cable, wireless or other website, services or browsers 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 a the Site without the written permission of KIXX, even if the page/area where the link originates does not promote a product, brand or service.
B. Websites, services or browsers 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 Site without the express written permission of KIXX if such link is (i) a “word” (as opposed to a “logo”) link (e.g., “KIXXONLINE.COM, “ “The Official Site of the Major Indoor Soccer League”); 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 Site logo, or any other logo of the KIXX or its teams (a “logo” link) may not be used to link KIXXONLINE.COM without the written permission of the KIXX.
D.No link to KIXXONLINE.COM 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 KIXXONLINE.COM 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 KIXXONLINE.COM 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 on the Site, 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 Site.
The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the site, you do so on your own initiative and 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 EITHER EXPRESSED 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 MERCHANTIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRAT OR REPRESENT THAT THE INFORMATION CONTIANED 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. 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 THE SITE 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, EDELETION, DELAYU 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 SITE, OR THE USE OR INABILITY TO USE THIS SITE 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 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 KIXXONLINE.COM to other sites, maintained by third parties, do not constitute an endorsement by the Operators 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. The Operators have not reviewed any or all of the sites linked to KIXXONLINE.COM and are not responsible for the content of any off-site pages or any other sites linked to KIXXONLINE.COM. Your linking to KIXXONLINE.COM, 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 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 site administrator or Webmaster.
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. 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 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.
The Operators may give notice to users of the Site by means of a general notice on KIXXONLINE.COM, electronic mail to a user’s e-mail address if on record, or by written communication sent by first class mail to a user’s 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:
1. Electronic mail to info@KIXXONLINE.COM;
2. A letter faxed to Major Indoor Soccer League Communications at the following fax number: (215) 952-5488;
3. Letter delivered by first class postage prepaid mail or courier to Philadelphia KiXXat the following address: Wachovia Spectrum, 3601 S. Broad Street, Philadelphia, PA 19148.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 © (2) (“DMCA”), KIXX has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent: Philadelphia KiXX, 3601 S. Broad Street, Philadelphia, PA 19148 Attn: Marketing Director.
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.
You hereby agree to indemnify and hold Major Indoor Soccer League, L.L.C., its member teams, KIXXONLINE.COM, and each of their respective members, operators, directors, officers, employees, agents, affiliates 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, without limitation, use of any Message Feature or the Store; and (ii) any breach or alleged breach of these Terms of Service.
12. TERMINATION OF SERVICE
The Operators may change, suspend, or discontinue any aspect of the Site at any time with or without notice, including availability of any the Site feature, database, or content. The Operators may also 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 believe violates these Terms of Service 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 materials obtained from it.
Software and other materials from the Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of ) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
14. CHOICE OF LAW
These Terms of Service shall be construed and controlled by the laws of the State of Connecticut, United States of America. Further, any disputes relating to these Terms of Service or the Site will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the City of Westport, State of Connecticut, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over 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 these Terms of Service.
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, 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 Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service 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.