TERMS OF SERVICE
LAST UPDATED: FEBRUARY 02, 2019
1. OWNERSHIP AND USE RESTRICTIONS
The Site is owned and operated by LSR. LSR reserves the right to contract with, and has contracted with, third parties for the operation of various components or services of the Site, each on our behalf.
The content and materials contained on or distributed within the Site and Services (including, without limitation, video, audio, photos, text, images, user interfaces, graphics, statistics, updated scores, news, contests, fantasy games, message features, merchandise, tickets, logos and all copyrights and intellectual property related to the Site and/or Services, LSR, any affiliate of LSR, any of the LSR member clubs or any of or any of the LSR sponsors, licensees and other affiliates (the "Content") are either owned by, or licensed to, LSR. We maintain the Site and Services for your personal entertainment, information, education, and communication. You may download one copy of each piece of Content from the Site and/or Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on such Content. You may not, reproduce, republish, prepare derivative works based upon, modify, upload, post, compile, transmit, distribute, copy, publicly display or otherwise use the Content in any manner, except as expressly provided in these Terms of Service, without the express written permission of LSR, and nothing herein shall imply any license or right otherwise. Modification of any Content on the Site or Services in any manner is a violation of the applicable owner's copyright and other proprietary rights.
The wordmarks, logos, trade names, packaging and designs of LSR, the current and former LSR member clubs and the Site and the Services are the exclusive property of LSR or our affiliates. All other word marks and logos (each, a "Trademark" and, collectively the "Trademarks") appearing on the Site and on the Services are Trademarks of their respective owners, regardless of whether such Trademarks are displayed with the trademark symbol. Nothing contained on the Site or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or on the Services in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other Content on the Site, or in the Services except as expressly provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed as part of the Content on the Site or on the Services are either the property of, or used with permission by, LSR. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site or in connection with the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
We neither warrant nor represent that your use of Content displayed on the Site and/or Services will not infringe upon the rights of third parties neither owned by nor affiliated with LSR.
2. ACCESS TO SITE
To access the Site, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and you are solely responsible for payment of any service fees associated with such access. Certain features of the Site and the Services may require additional software downloads and minimum technical requirements that are presented when you first register, which minimum technical requirements may change from time to time in LSR's sole discretion. You are solely responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Site and/or the Services. Your exclusive remedy in the event LSR changes the minimum technical requirements is to terminate your use of the Site and/or the Services.
REGISTRATION FOR THE OF CERTAIN FEATURES
3.1 REGISTRATION; PRIVACY
3.2 USER NAME
In order to use certain functionalities of the Site and/or Services, you may be asked to select a user name (a "User Name") for identification purposes. You must not use any User Name that violates these Terms of Service or any of the Code of Conduct (below). You may also receive or choose a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. Without limiting anything else in these Terms of Service, we are not responsible for any loss or damage whatsoever arising out of or related to your failure to comply with this Section 3.
3.3 SUBSCRIPTION SERVICES
LSR may offer certain services that require payment of a fee in order to use or receive a subscription ("Subscription Services"). Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that LSR may request from you, including your IP address. The Subscription Services may also require additional technical requirements.
LSR may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.
4. SERVICES AND CONTENT
The Content on the Site and the Services provided may be updated, deleted or otherwise modified from time to time at the discretion of LSR.
a. The Site and the Services may offer opportunities for you to send messages or postings in connection with various features which may include, without limitation, vanity email, auctions, contests, games, message boards, chat rooms, blogs and video submissions (each a "Message Feature" and, collectively, the "Message Features").
b. You must use the Message Features in a responsible manner. By entering the Site or using the Services, you expressly agree to not transmit any message (each, a "Message" and, collectively, the "Messages") in connection with any Message Feature that violates the Code of Conduct for the Site and Services as set forth below.
d. Although we or our Vendors may from time to time monitor or review Messages or User Names submitted on the Site/Services, neither LSR nor our Vendors are under any obligation to do so and assume no responsibility or liability that may result 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 or any User Name does not constitute approval or endorsement by us or our Vendors. You acknowledge that neither LSR nor our Vendors are responsible for, and cannot and do not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Site or Services.
e. Messages submitted to the Site or the Services by email or otherwise, including any data, questions, comments, suggestions or the like, and User Names are, and will be treated as, non-confidential and nonproprietary. By submitting a Message or User Name to the Site or in connection with any Services, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential, may be read or intercepted by others and you have no expectation of privacy with regard thereto; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and us or our Vendors other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to us and our Vendors described in "Submissions", below.
By transmitting any Message or User Name or submitting ideas, articles, scripts, story lines, fan fiction, characters, drawings, creative ideas, concepts, know-how, processes, techniques, proposals, suggestions, plans, product names, technologies or materials, whether solicited or unsolicited, (each, a "Submission" and, collectively, "Submissions"), you are granting us 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 and without attribution (collectively, "Rights"). LSR, the operators of the LSR member clubs and their respective affiliates shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission and to license your Submission to third parties without seeking or receiving your further consent.
a. Solicited Submissions: At times, we may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation constitutes a grant by you to us of the Rights described above. In the event we seek to claim full ownership, rather than an irrevocable perpetual license of your Submission, you agree to assign all right title and interest to such Submission without any payment or further obligation to you and to take any and all action necessary to effect such assignment.
b. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site or Services, it is our policy not to accept or consider any Submissions that are unsolicited. The intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by LSR and/or our affiliates might appear to be similar to your Submission(s). If you do send any Submission(s) to LSR via the Site, Services, or otherwise, that are unsolicited, however, you agree that (i) your unsolicited Submission(s) are not being made in confidence or trust and that by making such Submission(s) no contractual or fiduciary relationship is created between you and LSR; (ii) any such unsolicited Submission(s) and copyright become the property of and will be owned by LSR and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as LSR sees fit; (iii) you are not entitled to any compensation, credit or notice whatsoever in connection with such Submission(s); and (iv) by sending an unsolicited Submission you waive the right to make any claim against LSR or our affiliates relating to any unsolicited Submissions by you, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
4.3 OWNERSHIP AND NON-INFRINGEMENT
By posting or submitting your content to the Site and/or Services, you represent and warrant that you own or otherwise control all of the rights thereto, and that use of your content on the Site and/or Services will not infringe or violate the rights of any third party or any applicable law.
5. CODE OF CONFUCT
5.1 CODE OF CONDUCT
You agree not to use the Site and Services, including, but not limited to transmitting Messages, links or Submissions in manner that:
i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, interferes or disrupts the Site, the Services or the networks connected thereto or otherwise restricts or inhibits any other user from using and enjoying the Site or the Services;
ii) is, or encourages conduct that is, unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent, or otherwise deemed objectionable by LSR;
iii) constitutes, advocates or encourages conduct that would constitute or give 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 or reveals confidential information or trade secrets in an unauthorized manner;
v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine;
vi) harms or attempts to harm minors;
vii) contains any information, software or other material of a commercial nature;
viii) contains advertising, promotions, spam or commercial solicitations of any kind;
ix) constitutes or contains false or misleading indications of origin or statements of fact; or
x) contains material irrelevant to the subject matter of the Message Feature, including that which incites disputes, demeans, or wishes injury on a player or us or other users.
Clauses i) - x) shall collectively be referred to as the "Code of Conduct".
5.2 GENERAL PROHIBITED USES
You agree that in connection with your use of the Site and the Services, you will not:
i) harvest or collect email addresses or other contact information of other users by electronic or other means or engaging in spidering, screen scraping, database scraping or other such activity;
ii) use any incomplete, false or inaccurate biographical or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
iii) delete or revise any material or other information of any other user of the Services;
iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
v) use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on this Site;
vi) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
vii) allow any other person or entity to use your User Name or password for posting or viewing comments or sending or receiving materials;
viii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services;
ix) access data not intended for you, gain unauthorized access to the Services or log into a server or account that you are not authorized to access;
x) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
xi) attempt to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing" the Services; or
xii) forge any TCP/IP packet header or any part of the header information in any email or posting.
Violations of system or network security may result in civil or criminal liability.
Any features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any features provided on or through the Services, or from using the Services to gamble or wager on, or to facilitate any gambling or wagering on, the result of any LSR game.
LSR reserves all rights to investigate occurrences that may involve violations of the security of the use of the Site and/or Services or of the law, and LSR may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
6. TERMS OF SALE
Sales from the official LSR store (the "Store"), auctions ("Auctions"), the ticketing feature ("Ticketing") and sales of Subscription Services are subject to the following terms and conditions:
Many areas on the Site (including, but not limited to the Store, "Fantasy", Auctions, Ticketing and "Mobile") allow you to order goods and/or services supplied by our Vendors.
Auctions may allow you to purchase merchandise through an auction process (products purchased through the Store and the Auctions are collectively referred to as the "Merchandise").
The Site also provides Ticketing, which allows you to purchase tickets for LSR games and other LSR-related events.
The Store allows you to order products supplied and managed by an independent merchandise vendor, Square Inc. By placing an order in the Store, you acknowledge that Square is exclusively responsible for the fulfillment and shipment of all Merchandise ordered.
Questions relating to the Store, Merchandise and its fulfillment should be directed to Square by: (i) live chart; (ii) email or (iii) telephone. Please refer to the Contact Us section of the Store for more information.
By purchasing any Merchandise, tickets or Subscription Services through the Site, you acknowledge and agree that your payment card is being charged by the payment processor of a Vendor of the Site. For purposes of these Terms of Service, such payment processor will be considered a Vendor.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. THE AVAILABILITY OR DISPLAY OF MERCHANDISE OR SERVICES ON THE SITE IS NOT A GUARANTEE THAT SUCH ITEM OR SERVICE IS IN STOCK OR AVAILABLE FOR USE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR RELATING TO: THE ACTIVITIES OF ANY VENDOR, ANY MERCHANDISE OFFERED BY ANY OF OUR VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, AUCTIONS, TICKETING OR THE SERVICES, OR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF MERCHANDISE, TICKETS OR SERVICES.
With respect to the sale of certain Merchandise to residents of the State of California, the following notice is provided pursuant to California Civil Code, Title 1.1A, Autographed Sports Memorabilia, Cal Civil Code § 1739.7 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THIS DEALER.
With respect to the sale of certain Merchandise on the Site, the following notice is provided pursuant to New York Arts and Cultural Affairs Law, Title V-1, Sale of Autographed Sports Collectibles, NY CLS Art & Cult Affr § 60.04 (2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.
In addition with respect to the Subscription Services, you agree to pay all subscription fees and other applicable charges in accordance with LSR's or its Vendors billing practices in effect at the time such fee or other charge becomes payable. LSR or its Vendor may change its billing practices at any time and may institute new fees or other charges effective upon notice to you. You are responsible for all amounts billed to your account regardless of whether you authorized such billing. All payments for Subscription Services are non-refundable.
LSR or its Vendor may offer certain Subscription Services for which the subscription automatically renews each year, and for which you will be automatically charged without further notice to you, provided that you agree to terms indicating that such Subscription Service is offered in this manner. LSR or its Vendor agrees to notify you if the fees charged at the beginning of the renewal period are different than those at the end of the previous period.
Access to a Subscription Service may be made available to you on a time-limited trial basis at no charge ("Trial Subscription"), and other than with respect to the payment terms set forth above, the Trial Subscription is subject to the same terms and conditions of use as set forth in this Terms of Services as those Subscription Services that are fee-based. At the end of a Trial Subscription, payment will be required in order to continue to receive access to or use of the applicable Subscription Services.
7. STREAMING SERVICES
8. LINKS AND EMBEDDING
9.1 The Site or Services may contain links to other Websites and services ("Linked Services"). The Linked Services may not be under LSR's control and LSR is not responsible for the contents of the Linked Services.
The following restrictions ("Linkage Restrictions") apply to all links, including any to Embedded Content, to or from the Site or Services from or to any online, cable, wireless or other website, service, browser or other resource:
A. Websites, services, browsers and other resources 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 https://lonestarrepublicsc.com without the express written permission of LSR if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "lonestarrepublicsc.com," "The Official Site of Lone Star Republic SC"); 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 lonestarrepublicsc.com logo, or a link containing any other logo of the LSR or its member clubs (a "logo" link) may not be used to link to https://lonestarrepublicsc.com without the express written permission of LSR.
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. Links to and from the Site or Services from or to other sites maintained by third parties do not constitute an endorsement by LSR of any third-party website or content. We are not responsible for the availability of these third-party resources. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of LSR. 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 us with respect to such other sites. You should direct any concerns regarding any external link to its website administrator or Webmaster.
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.
Subject to your strict compliance with these Terms of Service (including, but not limited to, the Code of Conduct), you may embed certain Content (including, but not limited to, video clips and photographs) from the Site into your website, blog or profile page, provided that you do not (i) obscure the LSR’s branding of the embedded Content, assert or imply ownership or authorship of the Content, or facilitate another party's assertion or implication of ownership or authorship of the Content; (ii) sell access to embedded Content on another website, (iii) use the embedded Content for the primary purpose of procuring advertising or subscription revenue, (iv) use the embedded Content on a website that solely aggregates the embedded Content for the purpose of generating advertising revenue therefrom, or (v) use embedded Content that LSR, in its sole discretion, determines to be competing with or displacing the market for the Content: (vi) embed the Content in a setting or manner in which it may be associated with content or other material that (a) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (b) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (c) 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; (d) contains or may be associated with a computer virus or other harmful component; (e) constitutes or contains false or misleading indications of origin or statements of fact. LSR reserves the right to disable your use of embedded Content at any time, in LSR's sole discretion.
9. AVAILABILITY OF SERVICES
The availability of the Content, the Site and the Services may be affected or impaired by a variety of factors, including game delays or cancellations, application of blackout restrictions, technical problems or network delays, program rescheduling or other reasons. You agree that LSR is not obligated to provide you with any specific Content or access to the Site or the Services under this Agreement.
10. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While we use reasonable efforts to include accurate and up to date information in and Content on the Site and through the Services, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the Content of the Site or in the Services. We make no representation that the Content contained in the Site or the Services are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site and/or the Services, you do so of your own initiative and risk and are responsible for compliance with all applicable laws.
THE CONTENT AND SERVICES (AND ANY OTHER PRODUCTS OR SERVICES PROVIDED AS A RESULT OF YOUR SUBSCRIPTIONS OR USE OF THE SERVICES) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR VENDORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR VENDORS WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE OR SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL WE, MEMBER CLUB OPERATORS, OUR VENDORS, NOR ANY OF THEIR AFFILIATES 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, DELETION, DELAY 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 SERVICES, OR THE USE OR INABILITY TO USE THE SITE OR SERVICES OR ANY CONTENT THEREIN. IN NO EVENT SHALL OUR OR OUR VENDOR'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE AND SERVICES EXCEED THE TOTAL CASH AMOUNT PAID BY YOU FOR ACCESSING THE SITE AND SERVICES, IF ANY.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site or Services, 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 we 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 or Services. All of your business dealings with vendors and advertisers appearing on or through the Site or Services shall be at your sole risk.
11. NOTICE: SUBMISSIONS
We may give notice to users of the Site or Services by means of a general notice on the Site or Services, electronic mail to a user's email 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 us (such notice shall be deemed given when received) by any of the following means:
Electronic mail to: email@example.com
Letter delivered by first class postage prepaid mail or courier to LSR at the following address:
Lone Star Republic Soccer Club, LLC
PO Box 853036
Richardson, TX 75085
Attn: Legal Department
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), LSR 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:
Electronic mail to: firstname.lastname@example.org
Letter delivered by first class postage prepaid mail or courier to LSR at the following address:
Lone Star Republic Soccer Club, LLC
PO Box 853036
Richardson, TX 75085
Attn: General Counsel
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 name, 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.
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 the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
You hereby agree to indemnify and hold Lone Star Republic Soccer Club, LLC, each LSR member club operator, their respective operators, affiliates and subsidiaries, vendors, Square Inc., and each of their respective members, managers, owners, directors, officers, employees, agents, shareholders, partners, governors and representatives harmless from any and all claims, demands, liabilities, damages and expenses and other losses (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, Service, or the Store; and/or (ii) any breach or alleged breach of these Terms of Service by you.
14. ACCESS THROUGH MOBILE DEVICES
If you use an application on your mobile device (including but not limited to iPhone, iPad, Android phones and tablets, or Microsoft Windows mobile devices (each a “Mobile Device”) to access or use the Site or Services, you agree to the following terms and conditions to the extent they apply thereto (such Services accessed via mobile devices referred to herein as the "Licensed Application(s)"):
a. You acknowledge that these terms are between you and us only, and not with Apple, Google or Microsoft or any other store/venue, as applicable, where the application is available (“Application Venue”) and that Application Venue is not responsible for the Licensed Application(s) or the content thereof.
b. The license granted to you for the Licensed Application(s) is a limited non-transferable license to use the Licensed Application(s) on any Mobile Device that you own or control and as permitted by the Usage Rules set forth in the Application Venue Terms of Service (as applicable).
c. Application Venue, including Apple, Inc., Google or Microsoft, is not responsible for any maintenance, support, intellectual property, product warranty or product claims, whether express or implied by law, for the Licensed Application(s). You acknowledge that Application Venue has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.
d. In the event of any failure of the Licensed Application(s) to conform to any applicable warranty, you may notify Application Venue and Application Venue will refund the purchase price (if any) for the Licensed Application(s) to you; and, to the maximum extent permitted by applicable law, Application Venue will have no other warranty obligation whatsoever with respect to the Licensed Application(s).
e. You acknowledge that Application Venue is not responsible for addressing any claims of yours or any third party relating to the Licensed Application(s) or your possession and/or use of that Licensed Application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application(s) fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. You acknowledge that, in the event of any third party claim that the Licensed Application(s) or your possession and use of that Licensed Application(s) infringes that third party's intellectual property rights, Application Venue is in no way responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15. TERMINATION OF SERVICE
We may, in our sole discretion, change, suspend or discontinue any aspect of the Site, including the Services (subject to a refund to which you may be entitled), at any time with or without notice and with or without cause, including the availability of any Site or Service feature, database, or content. We may also cancel your registration password, or impose limits on certain features or services or restrict your access to parts of the Site, or the entire Site, or any or all of the Services with or without notice, and without liability, at any time, in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose, including, but not limited to, conduct that we believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which we believe is harmful to other customers, to our respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and the Services and destroy all materials obtained therefrom. The provisions of these Terms of Service will survive the termination of your access to the Site and/or Services.
The Services, the Software and other materials downloaded from this 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 this Site (including, without limitation any Licensed Application or other Services) may be downloaded or exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Libya, Syria, Sudan, or any other country to which the United States has embargoed goods or has been designated by the United States as a "terrorist supporting" country; 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. We do not authorize the use of the Services or the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
17. ARBITRATION; CONSENT TO JURISDICTION IN DALLAS COUNTRY, TEXAS; ATTORNEY’S FEES; TIME PERIOD LIMITATION FOR CLAIMS; WAIVER OF CLASS AND REPRESENTATIVE ACTIONS
a. Any and all disputes, claims, or controversies arising out of or relating to (i) this Agreement, (ii) the breach thereof, or (iii) any use of, or commercial transactions conducted through, the Site or Services (including any subscription to or use of LSR Live) ("Claims"), whether arising before or after the effective date of this Section, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures (including the Supplementary Procedures for Consumer-Related Disputes to the extent those procedures are applicable), provided however that a Claim for money damages only (and not for any declaratory or injunctive relief) may be filed in a small claims court solely on an individual, non-class, and non-representative basis.
b. You and LSR waive all rights to a trial by jury in any action or proceeding involving any Claim in any forum.
c. Any arbitration of a Claim shall be held in Dallas County, Texas, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it applies only to the arbitration in which it was awarded and cannot be used in any other case or proceeding except to enforce the award itself. The arbitrator shall not have power or authority to award punitive damages, including treble damages that may otherwise be available.
d. Any and all claims shall be arbitrated on an individual, non-class, and non-representative basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and LSR waive any right to have any Claim arbitrated or adjudicated as a class or representative action or in any other form other than on an individual basis. You and LSR further agree that the arbitrator shall have no authority to arbitrate any Claim as a class or representative action or in any other form other than on an individual basis. The arbitrator shall have power and authority to award only individual, non-class, and non-representative legal and equitable relief available in the courts of the State of New York. Notwithstanding any provision of the AAA’s rules and procedures, only the federal and state courts, and not the arbitrator, shall have the power to determine compliance with this paragraph, including the interpretation, validity, and enforceability of each of the foregoing sentences.
e. You agree that LSR may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas necessary to protect its rights or property pending the completion of arbitration.
f. If any Claim is determined not to be subject to arbitration, the exclusive jurisdiction and venue for proceedings concerning such Claim shall be the federal or state courts of competent jurisdiction sitting within Dallas County, Texas (the "Forum") and the parties hereby waive (i) any right to a trial by jury with respect to any Claim in such proceeding, (ii) any argument that the Forum or any court within it does not have personal jurisdiction, and (iii) any argument that the Forum is not appropriate or convenient.
g. If either party initiates a proceeding involving any Claim other than (i) an arbitration in accordance with this Section or (ii) a proceeding in small claims court permitted by this Section, or if either party initiates a proceeding involving a Claim under Paragraph E other than in the Forum, the other party shall recover all attorneys' fees, costs, and expenses reasonably incurred in enforcing this agreement and the agreed Forum.
h. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim unless you provide LSR with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
i. You and LSR agree that this Section shall apply to the maximum extent permitted by applicable law and shall survive termination of this Agreement.
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 us. We in our sole discretion may amend these Terms of Service, and your use of the Site or Services 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. LSR's failure to enforce any provisions of these Terms of Service or respond to a breach by you or another user shall not serve to waive LSR's right enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
LAST UPDATED: FEBRUARY 02, 2019
LONESTARREPUBLICSC.COM PRIVACY STATEMENT
"Personal information" is information that allows us to identify you. The types of Personal Information that we may collect from you includes, your name, home address, email address, phone number, date of birth, and account information, such as your username, password, credit card information and other payment information.
We may collect personal information from you on or through the Website or Services in a variety of ways, including, when you register on the Website, purchase a Service, participate in online contests, surveys or games, sign-up for a newsletter or subscription or purchase merchandise.
We also may, from time to time, receive Personal Information about you from third party sources to improve the Website and our Services, and for the various purposes outlined herein.
DEVICE IDENTIFIABLE INFORMATION
We may collect information that does not identify you personally, but is linked to your computer or device ("Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating our Website. When you visit our Website to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Website, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Website, how visitors navigate throughout the Website or the Service and to gather broad demographic information for aggregate use.
We may also collect Device Identifiable Information through "cookies” or "web beacons” as explained below.
We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using our Website, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.
We may also collect your location information, such as your zip code or the approximate geographic area provided by your Internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.
For more information, you may review the FTC’s guide to opting out of online tracking for computers and mobile devices. You can also see the "Choice” section below for ways to opt-out.
In some cases, we have arrangements with third-parties, such as authorized Service Providers, agents or representatives, to collect and store the foregoing information on our behalf, to provide services in connection with hosting or the operation of our Website, or to facilitate reporting of analytics (such as with Google Analytics).
Although the Device Identifiable Information that we share, including the Device Identifiable Information that is not linked to your mobile device, does not identify you personally there is a risk that third parties who receive such information from us may be able to re-identify you through other information they gather.
Except for IP Addresses, we may match Device Identifiable Information with Personal Information that we may have from or about you, which would allow us to identify you, we may use this information to provide you with offers that are available where you physically are located.
When using the Services or when using certain third party social networking services (e.g., Facebook, Twitter, Google +) (each a "Social Network"), you may have the option to connect your Service information and activity with your Social Network information and activity. If you authorize such a connection, you permit us to share or publish information about your Service activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to: technical information about your Service activity, your Service comments or the videos you watch on Service. Information we may access about you, with your consent, from a Social Network may include, but is not limited to, your basic Social Network information, your location data, your list of contacts, friends or followers and certain information about your activities on the Social Network. If you permit a connection between a Social Network and a Service, we (and that Social Network) may be able to identify you and to associate information received pursuant to the connection with information we already have about you. For more information, please review the privacy disclosures and terms of your Social Network account, which govern how that account information is collected and shared with us.
HOW WE MAY USE OR DISCLOSE YOUR INFORMATION
The Personal Information and Device Identifiable Information we collect from you may be used by us and by third-party service providers, such as hosting providers, data management companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies and payment processors (collectively, "Service Providers") for a variety of purposes, including to:
(i) contact you about the Website and/or Services you have requested;
(ii) provide you with Services or information you have requested, or products or services you have ordered or signed up for, such as newsletters;
(iii) confirm or fulfill an order you have made;
(iv) administer your participation in a contest, sweepstakes, promotion, survey or voting;
(v) in order to facilitate the operation or maintenance of our Website, our Services, our operations and internal record keeping; and
Our Service Providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.
Users may send information about our Member Clubs, our products, our Services and/or our Website to their friends and family members by using an "Email to Friend" or similar feature on the Website or in an email that we have sent them. We do not further contact those individuals without their consent to do so.
Third-Party Marketers. With your permission, we may share your information with our marketing partners and other third parties so that they may contact you directly regarding special promotions or offers (such as subscriptions to and promotions for goods and services, including, for example, through participation in a co-sponsored sweepstakes or contest). We are not responsible for how these third parties may use your information, and such uses are subject to their own policies. If you have consented to share your Personal Information with third parties for such third parties’ marketing purposes, you can change your mind at any time and may let us know by following the instructions in the "Choices" section below.
Aggregated Demographic Information. We may use or share with third parties aggregated demographic information collected on or through the Website and Services for various purposes such as fan research and audience analysis. Aggregated demographic information does not include and is not linked to any Personal Information that can identify you or another individual person but we may use your to IP Addresses to verify users' locations for various purposes, including blackout restrictions.
Other Disclosures: We may also share Personal Information and Device Identifiable Information under the following circumstances: (1) if required by law, such as by a court order, statute, regulation or rule, through legal process, or for law enforcement purposes; (2) in the event of a corporate transaction involving any of our businesses, such as the sale of that business or all or most of LSR’s or a Club’s assets or equity to another company; (3) in the event of a bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of our creditors; (4) if we determine it necessary in connection with an investigation or in order to protect our legal rights; or (5) in response to requests from federal, state, local or foreign law and civil enforcement agencies, such as a search warrant, subpoena or court order.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like a copy of this notice, please send an email to email@example.com or write to us at PO Box 853036, Richardson, TX 75085. Attn: Relations. Not all information sharing is covered by the "Shine The Light" requirements and only information on covered sharing will be included in our response. Under California law, businesses are only required to respond to a request once during any calendar year.
CHAT ROOMS, FORUMS, AND MESSAGE BOARDS
The Website may make chat rooms, forums, blogs, message boards and other community features and activities available to you and other users. If you post Personal Information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose Personal Information in these areas. We reserve the right (but assume no obligation) to review and/or monitor any such community areas on the Website.
THIRD PARTY ADVERTISING
Examples of some of the third parties that collect information from users of this Web See the "Choices” section below for ways to opt-out.
SHORT MESSAGE SERVICE
We may make available a service through which you can receive messages on your wireless device via short message service ("SMS Service"). You understand that your wireless carrier’s standard rates apply to these messages.
If you subscribe to one of our SMS Services, you may be required to register and provide Personal Information. We may also collect the date, time and content of your messages in the course of your use of the SMS Service. We will use the information we obtain in connection with our SMS Service for the purpose of sending the SMS messages. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information to facilitate the transaction in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. We may also contact your carrier, which may access the content of your wireless account, for the purpose of identifying and resolving technical problems and/or service-related complaints. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. You may change your mind and unsubscribe to SMS Services at any time by following the instructions in the "Choice" section above.
If you have agreed to receive communications or solicitations from us, but you later change your mind, you can revise your preferences on the "Account" section of the Website or email us at firstname.lastname@example.org. You also may opt out of receiving all future promotional emails from us by clicking on an opt-out or "unsubscribe" link within the promotional email you receive. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
You may also opt out of our SMS messages by texting "STOP" or another applicable keyword to the short code applicable to the particular SMS Service (as further described below).
If you have agreed to have us share your Personal Information with third parties so that they may contact you about promotions, offers and other information, you can revise your preferences on the "Account" section of the Website or email us at email@example.com. If you do request to have us stop sharing your Personal Information with other entities for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly or click on the opt-out or "unsubscribe" link that should be included within the promotional email you receive from such third party.
You may opt-out of receiving ads from network advertisers by clicking the AdChoices icon on advertisements that are sent to you, visiting the opt-out pages on the NAI website (access the NAI’s opt-out tool) and the DAA website (access the DAA’s opt-out tool). Opting out does not prevent you from seeing ads; it simply means that network advertisers will no longer collect data for the purpose of providing you targeted ads. The DAA and NAI opt-out tools are cookie-based. They signal network advertisers so that they do not collect data online or deliver specific ads targeting you, and only affect the Internet/web browser on the computer where the cookies are installed. These opt-out tools will only function if your browser is set to accept third-party cookies. If you delete an opt-out cookie or all your cookies from a browser's cookie files, change web browsers or change computers, you will no longer be opted out of our data collection and ad targeting, and we may place a new cookie unless an opt-out cookie is again reset on that browser. Opting out using one browser on one computer will not opt you out using any other browser on the same or another computer.
We use reasonable security efforts to protect the data in our possession. However, no method of transmission or storage of data is 100% secure and we will not be responsible for any damage that results from a security breach of data or the unauthorized access to or use of information, whether Personal Information or Device Identifiable Information. To the extent we provide your Personal Information to any third parties, we will request that they use reasonable security measures to protect your information.
ACCESSING, REVIEWING, UPDATING, OR CORRECTING YOUR PERSONAL INFORMATION
If you want to access, review, update or correct inaccuracies in your Personal Information, you can revise your preferences on the Website or email us at firstname.lastname@example.org or write to us at PO Box 853036, Richardson, TX 75085, Attn: Legal. Upon receiving your communication, we will take appropriate steps to update or correct such information in our possession, or to remove you from our catalog and mailing list. Your preferences include, for example, your profile information, as well as any shipping, payment and account information (if applicable), as well as whether you want to receive communications from us. You can access your preferences by logging in to your account. If you want to close your account with us and have us delete the Personal Information in it (except for information that we keep for record-keeping purposes), you should contact our Privacy Administrator. We may request certain Personal Information for the purposes of verifying the identity of the individual seeking access to their personal information records.
LINKS TO OTHER WEBSITES AND SERVICES
If you wish to object to or raise a complaint on how we have handled your Personal Information, you may contact us at email@example.com. You may also be able to have your Personal Information transferred by contacting us at firstname.lastname@example.org.
If you are not satisfied with our response or believe our processing of your Personal Information is not in accordance with law, you may register a complaint with a governmental authority.