HOMETURF TERMS OF SERVICE
Effective Date: September 11, 2020
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT CONSENT TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES ARE VOID WHERE PROHIBITED.
1.1. Grant of a Limited License to Use the Services
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant HomeTurf policies, HomeTurf grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
The following restrictions apply to the use of the Services:
You shall not create an Account or access the Services if you are under the age of 16; You shall restrict use by minors, and you will deny access to children under the age of 16. You accept full responsibility for any unauthorized use of the Services by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; you shall not use the Services if you have previously been removed from the Services by HomeTurf, or directed to cease using the Services.
You shall use your Account only for non-commercial purposes; you shall not use the Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
1.3 Login information and Your Account
To create an account, you will be asked to supply your telephone number, your date of birth, a valid email address, and choose a username ("Login Information"). You may optionally link an account to your Google or Facebook account. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify HomeTurf and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. You are responsible for anything that happens through your Account.
HomeTurf reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
By agreeing to this you also agree to any applicable Team Terms Service set-forth in Appendix A.
1.4 License Limitations
Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that HomeTurf deems to be in conflict with the spirit or intent of the Services or make improper use of HomeTurf's support Services.
- Use or take part (directly or indirectly) in the use of exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services, including any HomeTurf mobile application or any HomeTurf Services.
- Modify or cause to be modified any files that are a part of the Services or any HomeTurf property without HomeTurf's express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Services.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of Services attacks upon the Services, or other attempts to disrupt the Services or any other person's use or enjoyment of the Services.
- Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by HomeTurf, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Services.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including HomeTurf employees, including HomeTurf's customer service representatives.
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a HomeTurf employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services or any HomeTurf game, or to obtain any information from the Services or any HomeTurf game using any method not expressly permitted by HomeTurf.
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Services or any HomeTurf game.
- Collect or post anyone's private information, including personally identifiable information (whether in text, image, audio, or video form), identification documents, or financial information through the Services.
HomeTurf reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Services itself. HomeTurf reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.
1.5 Suspension and Termination of Account and Services
WITHOUT LIMITING ANY OTHER REMEDIES, HOMETURF MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR HOMETURF SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS OR PRIVILEGES ASSOCIATED WITH YOUR USE OF THE SERVICES, AND HOMETURF IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR MOBILE APPLICATION AND SITES, THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
HOMETURF RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
HomeTurf reserves the right to stop offering and/or supporting the Services or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, HomeTurf shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services
Termination of your Account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by informing HomeTurf that you wish to terminate your Account at email@example.com.
2.1. Content and Services
All rights, title and interest in and to the Services (including without limitation any computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-Service chat transcripts, and the HomeTurf server software) are owned by HomeTurf. HomeTurf reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Services.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF HOMETURF.
3. User Content
3.1. Submission of User Content
3.1.1. Content Screening
HomeTurf assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. However, we reserve the right to monitor and/or record your interaction with the Services and communications (including without limitation chat text) when you are using the Services.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text, streamed video, or uploaded audio.
HomeTurf reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time HomeTurf chooses, in its sole discretion, to monitor the Services, HomeTurf nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Services
3.2.1. Public Discourse
The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. HomeTurf cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Services. HomeTurf shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. HomeTurf may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of HomeTurf violates these Terms of Service.
3.2.3. Your License to HomeTurf
You hereby grant to HomeTurf an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to HomeTurf the right to authorize others to exercise any of the rights granted to HomeTurf under these Terms of Service. You further hereby grant to HomeTurf the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. HomeTurf does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. HomeTurf has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. HomeTurf reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with HomeTurf to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting HomeTurf access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. Updates to the Services
You understand that the Services are evolving. HomeTurf may require that you accept updates to the Services and to HomeTurf's mobile application you have installed on your device. You acknowledge and agree that HomeTurf may update the Services, with or without notifying you. You may need to update third party software from time to time in order to receive the Services.
5. Disclaimer of Warranties
WITHOUT LIMITING HOMETURF'S LIABILITY UNDER SECTION 6 BELOW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HOMETURF DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
6. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMETURF SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICES THEMSELVES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOMETURF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, HOMETURF SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HOMETURF IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HOMETURF DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HOMETURF'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HOMETURF IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HOMETURF OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HOMETURF.
You agree to indemnify, defend and hold HomeTurf (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
7. Dispute Resolution and Law
9. General Provisions
9.2. Supplemental Policies
HomeTurf may publish additional policies related to specific Services such as forums, contests or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
9.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by HomeTurf shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of HomeTurf.
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Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to HomeTurf are of a unique and irreplaceable nature, the loss of which shall irreparably harm HomeTurf and which cannot be replaced by monetary damages alone so that HomeTurf shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any HomeTurf game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 6 (if any).
10.7. Force Majeure
HomeTurf shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of HomeTurf, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond HomeTurf's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
I. MIAMI DOLPHINS VIRTUAL MEMBERSHIP TERMS AND CONDITIONS
In connection with the opportunity to join and/or receive the Miami Dolphins Virtual Membership (the "Virtual Membership") benefits and experiences, the participant on behalf of myself, my participant child and/or my ward (as applicable) (the "Member"), and Member's personal representatives, heirs, assigns, and next of kin, hereby acknowledges and agrees to the following terms and conditions (the "Terms"). By participating in the Virtual Membership, Member agrees to be bound by these terms.
1. Virtual Membership Member acknowledges that the Virtual Membership is a trial initiative being launched by Miami Dolphins, Ltd. and South Florida Stadium LLC (collectively, “MDL”) and/or the National Football League (“NFL”) in coordination with NFL member teams and their telecast and technology service providers and partners (collectively, with MDL and NFL, the “NFL Entities”) and, accordingly, Member is not guaranteed or promised any participation in connection with, or any benefit or element as part of, the Virtual Membership. By participating in the Virtual Membership in connection with any MDL event and/or game telecast (an “Event”), Member agrees to comply with the directions of any MDL staff in connection with Member’s participation in the Virtual Membership. Without limiting the foregoing, Member acknowledges and agrees to comply with the conduct requirements set forth below. Member acknowledges that his or her failure to comply with such directions or requirements may result in discontinuation of his or her participation in the Virtual Membership, including during an Event and any future Event. Virtual Membership, either in whole or with respect to Member, may be discontinued or modified in the sole discretion of any of the MDL at any time.
2. No Offensive or Commercial Communications Member may not (i) engage in any offensive or obscene behavior or language, or (ii) promote any commercial third party in any communication mediums, in any case as determined by MDL or any other NFL Entity.
3. No Distribution of Content Member agrees not to distribute, transmit, misappropriate or sell (or aid in distributing, transmitting, misappropriating or selling), in any media now or hereafter existing, any description, account (whether text, data or visual, and including, without limitation, play-by-play data), picture, video, audio or other form of exploitation or reproduction of the Event, the Virtual Membership or any surrounding activities (in whole or in part).
4. Modification; Revocation. In order to participate in the Virtual Membership, Member will be required to use a tablet or supported device that is capable of running the applicable technology platform and/or application and agree to terms of service and other conditions required in connection with using the such platform and/or application. Member must also follow any directions provided by MDL in order to participate in the Virtual Membership. None of the NFL Entities or other Released Parties (as such term is defined below) provides any representation or warranty of any kind as to the technology platform, application or the Virtual Membership (including any functionality or element). Member acknowledges that if his or her computer, device or internet service adversely affects or compromises the performance or appearance of the Virtual Membership as determined solely by MDL or any NFL Entity, then Member’s continued participation may be discontinued or prohibited.
5. Technology MDL reserves the right to unilaterally modify the Virtual Membership at any time and, MDL makes no guarantee as to the number of Events to occur. MDL reserves the right to restrict entry to any Virtual Memberships and/or revoke membership privileges if scheduled payments in connection with Member’s Miami Dolphins season membership are not timely paid and/or if any authorized charge is refused or revoked by Member’s credit card company or banking institution for any reason.
6. Materials Member (and Member’s personal representatives, heirs, assigns, and next of kin) agrees that Member’s acts, poses, words, communication and performances in connection with the Event and as part of the Virtual Membership will be in good taste and will not reflect negatively on the image, reputation or business of the NFL Entities, and grants full permission to each of the NFL Entities, and each of their designees, agents and licensees, with no obligation to compensate Member, to utilize Member’s name, voice, statements, messaging, image, likeness, biographical data and/or actions in any live or recorded audio, video, film, or photographic display or other transmission, exhibition, publication or reproduction (or any derivative works thereof) made of, prior to, during, or after the Event in any medium, whether now known or hereafter created, or context (collectively, the “Materials”), without further authorization or compensation, and represents that Member has the right to grant such permission, and agrees that personal information may be shared with third parties in connection with implementing the Event and the Virtual Membership (e.g., administrative and age-verification). Member also acknowledges that the Virtual Membership may be sponsored by a third party(ies) designated by MDL or any NFL Entity in their sole discretion and that Member’s name, messages, image and other attributes may be used in connection with, and alongside, such sponsor branding.
7. Release Member hereby releases and holds the NFL Entities and any sponsor of the Virtual Membership and each of any of their respective affiliates, administrators, designees, licensees, agents, officers, directors and employees (collectively, the “Released Parties”) harmless from and against any and all claims or liabilities of any kind arising out of or in connection with Member’s statements or actions in the Materials, the making or the use of the Materials or the use of Member’s name, likeness, biography or any of the materials provided by Member to any of the Released Entities in connection with the Events or otherwise. Furthermore, Member understands that Member will not receive any monetary compensation of any kind in connection with any use of the Materials or other rights granted by Member hereunder.
8. Arbitration Member hereby releases and holds the NFL Entities and any sponsor of the Virtual Membership and each of any of their respective affiliates, administrators, designees, licensees, agents, officers, directors and employees (collectively, the “Released Parties”) harmless from and against any and all claims or liabilities of any kind arising out of or in connection with Member’s statements or actions in the Materials, the making or the use of the Materials or the use of Member’s name, likeness, biography or any of the materials provided by Member to any of the Released Entities in connection with the Events or otherwise. Furthermore, Member understands that Member will not receive any monetary compensation of any kind in connection with any use of the Materials or other rights granted by Member hereunder.
10. 10. MEMBER HAS READ AND VOLUNTARILY AGREES TO THES TERMS AND CONDITIONS, understands its terms, including that Member is hereby giving up substantial legal rights, and further agrees that no oral representations, statements or inducement contrary to anything contained herein have been made by MDL or any of its employees or agents or any of the other NFL Entities. These terms and conditions may be accepted in manual or electronic (e.g., PDF or “click-thru”) form, each of which shall be deemed to be an original.