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Your access to and use of KCBRIGADE.com ("Site") is
subject to the following terms and conditions ("Terms Of
Use"), including the the KC BRIGADE Privacy Policy, and all
applicable laws. Please read the Terms of Use prior to using the
Site. Your access and use of the Site are conditional upon your
agreement to these Terms of Use, which may be modified at any
time without notice. Any such changes or additions will be reflected
by an update of this posting. Please check these Terms of Use
periodically for changes. Your use of the Site following the posting
of any such changes will mean you accept those changes.
1. OWNERSHIP AND USE RESTRICTIONS
KCBRIGADE.com is owned and operated by the Kansas City Brigade
("KC BRIGADE"). The KC BRIGADE and its respective affiliates,
investors, directors, officers, employees and shareholders shall
be collectively referred to herein as the "Operators."
The content on the Site (including, but not limited to, video,
audio, photos, text, images, statistics, scores, logos ("Content"))
are owned by or licensed to the KC BRIGADE. No Content may be
reproduced, republished, uploaded, posted, transmitted, distributed,
publicly displayed or otherwise used except as provided in these
Terms of Use, without the express written permission of the KC
BRIGADE.
You may download Content only to a single computer, only for
your personal, noncommercial use, and only provided you retain
all copyright and other proprietary notices contained therein.
You may not, distribute, reproduce, republish, display, prepare
derivative works based upon, modify, transmit, reuse, repost,
or use any Content for public or commercial purposes on any other
website or otherwise, without the written permission of the Operators.
The KC BRIGADE name and logo and the names, url and logos of
KCBRIGADE.com and the KC BRIGADE teams are the property of the
KC BRIGADE. All other trademarks, logos and service marks appearing
on the Site are trademarks of their respective owners. Nothing
contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark
without the express written permission of its owner.
Operators neither warrant nor represent your use of Content.
2. REGISTRATION FOR USE OF CERTAIN FEATURES
To access certain features of the Site, you may be required to
register with the KC BRIGADE by providing certain information
about yourself, including your name and e-mail address. In consideration
of such access, you agree to: (a) provide true, accurate, current
and complete information about yourself as requested. If you provide
information that is untrue, inaccurate, not current or incomplete,
or the KC BRIGADE has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
the KC BRIGADE 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 it.
3. MESSAGE FEATURES
The Site may offer opportunities for you to send messages or
postings in connection with various features including electronic
mail, chats with special guests, and forums to communicate with
other users about the sport of football ("Message Features").
To participate in any Message Feature, you may be required to
provide your name and e-mail address.
You must use Message Features in a responsible manner. You must
not transmit any message ("Message") in connection with
any Message Feature that: (i) imposes an unreasonable or disproportionately
large load on the Site's infrastructure, or otherwise inhibits
any user from enjoying the Site; (ii) is unlawful, threatening,
abusive, bigoted, defamatory, obscene, offensive, profane, or
sexually explicit; (iii) constitutes, or encourages conduct that
violates 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, promotion or commercial solicitation
of any kind; (viii) constitutes or contains false or misleading
indications of origin or statements of fact; or (ix) contains
material irrelevant to the subject matter of the Message Feature.
The Operators shall have the right, but not the obligation, in
their sole discretion to review, edit or delete any Message transmitted
in any Message Feature that: (i) violates any term of these Terms
of Use; or (ii) is otherwise illegal or inappropriate. Depending
on the nature of the violation, the Operators shall have the sole
discretion to terminate your access to the Site. The Operators
will cooperate fully with any law enforcement authorities or court
order requesting or directing them to disclose personal information
of anyone who submits a Message that violates the foregoing terms.
Although the Operators may from time to time monitor or review
Messages, the Operators are under no obligation to do so and assume
no responsibility or liability arising from the content of any
Message or for any error, defamation, omission, falsehood, obscenity,
pornography, profanity, 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. By submitting a
Message to the Site, you acknowledge that any information disclosed
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 Use;
and (iv) is subject to the grant of rights to the Operators described
in paragraph 4 below.
4. SUBMISSIONS
By transmitting any Message or submitting creative ideas, concepts,
know-how, techniques, suggestions or materials (collectively,
"Submissions"), you automatically grant 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, but not limited to, advertising and promotional purposes
(collectively, "Rights"). Anything you submit to KCBRIGADE.com
will be owned by the KC BRIGADE and may be used by the KC BRIGADE
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
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.
A. Solicited Submissions: The Operators may solicit Submissions
from visitors to KCBRIGADE.com, including, but not limited to,
information, ideas, artwork or other materials. For information
on how solicited Submissions will be used, please see any notices
of planned use posted where we solicit the Submission. Your provision
of information in response to such a solicitation is a grant by
you to the Operators of the Rights.
B. Unsolicited Submissions: Although we are pleased to hear from
KC BRIGADE fans and welcome your comments regarding the Site and
the KC BRIGADE, unfortunately, the Site's policy does not permit
it to accept or consider unsolicited Submissions. 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 the KC BRIGADE might appear to be similar to your Submission(s).
Accordingly, we must ask that you not send us any unsolicited
Submissions. We assume no responsibility for reviewing such Submissions
and we will not incur any liability as a result of any similarities
between your Submissions and future KC BRIGADE products or programs.
In the event you submit unsolicited Submissions, such Submissions
shall be deemed, the property of the Operators. The submission
of any unsolicited Submission shall constitute a grant by you
to the Operators of the Rights.
5. THE ONLINE STORE ("STORE")
The Site may provide a Store that allows you to order online
products ("Merchandise"), supplied by independent merchandise
vendors ("Vendors"). ALL ORDERS ARE SUBJECT TO PRODUCT
AVAILABILITY. THE KC BRIGADE 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.
The KC BRIGADE reserves the right to modify the price of any Merchandise.
The KC BRIGADE is not responsible for any error in copy or images
relating to Merchandise.
A. Purchasing; Price; Payment: To purchase Merchandise or tickets
on the Site, you must provide your name, address, telephone number,
e-mail address, credit card information and shipping address.
Your ability to purchase merchandise is subject to limits established
by your credit card issuer. The KC BRIGADE may bill your credit
card at the time merchandise is ordered or shipped, and the appropriate
club or our ticketing vendor may bill your credit card at the
time your tickets are ordered or shipped. Any special order or
customized/personalized products will be billed immediately after
the order is received. You must pay all amounts accrued in your
account, including sales tax and shipping and handling charges,
when due. KC BRIGADE may in its sole discretion decline service
to or terminate any account. Neither the KC BRIGADE, its Vendor
nor the Operators is responsible for and must not be held liable
for any breaches in transaction security by any third party.
6. VOTES
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 Use.
7. LINKS
The following restrictions ("Linkage Restrictions")
apply to all links to the Site.
A. Sites licensed by or substantially associated with any entity
that regularly promotes any product, brand or service ("Commercial
Site") may not link to KCBRIGADE.com without the written
permission of the KC BRIGADE, even if the page/area where the
link originates does not promote a product, brand or service.
B. Sites, other than Commercial Sites (e.g., fan sites, chamber
of commerce sites, search engine sites) ("Permissible Sites")
may link to KCBRIGADE.com without the express written permission
of the KC BRIGADE if such link is: (i) a "word" (as
opposed to a "logo") link (e.g., "KCBRIGADE.com,"
or "The Official Site of the KC BRIGADE"); 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 KCBRIGADE.com logo or any other logo of the KC BRIGADE
or its teams (a "logo" link) may not be used to link
to KCBRIGADE.com without the written permission of the KC BRIGADE.
D. No link to the Site may be "framed" by the Permissible
Site where the link originated if such "frame" contains
any sponsorship, advertising or other commercial text or graphics.
E. All links to the Site from a Permissible Site must be to the
Site's home page or to the homepage of a particular team. Links
to internal pages within the Site (e.g., a player page, a photo
gallery or a feature article) other than to the home page of a
team are not permitted.
F. The posting or creation of any link to the Site signifies
that you have read these Linkage Restrictions and agree to abide
by their terms.
8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operators use reasonable efforts to include accurate
and up-to-date information in the Site, the Operators make no
warranties or representations as to its accuracy and assume no
liability or responsibility for any errors or omissions in Content.
The Operators make no representation that the materials contained
in the Site are appropriate or authorized for use in any particular
country, state, province, county or any other jurisdiction. If
you choose to access the Site, you accept the risk and are responsible
for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE UNDER LAW, THE OPERATORS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS
DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN
THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE
OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS
AND/OR VIRUSES. THE OPERATORS ARE NOT LIABLE FOR ANY CONDUCT OF
OTHER USERS OF THE SITE OR THIRD-PARTIES. YOU USE THE SITE AT
YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED
TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATORS
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION
WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNAUTHENTICITY
OF ANY CONTENT, OR THE USE OR INABILITY TO USE THIS SITE OR ANY
CONTENT. IN NO EVENT SHALL THE OPERATORS' AGGREGATE LIABILITY
TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT
OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING
THIS SITE, IF ANY.
The Site may contain links and pointers to other World Wide Web
sites, resources, and advertisers. Links to and from the Site
to other sites, maintained by third parties, do not constitute
an endorsement by the 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.
Your linking to the Site, off-site pages or other sites is at
your own risk and without the permission of the Operators. By
clicking on any such link, you acknowledge that the Site has no
control over, and makes no representations of any kind with respect
to, such other sites or any content contained within them, and
you hereby revoke any claim against the Operators with respect
to such other sites.
Your correspondence or business dealings with, or participation
in promotions of, advertisers and vendors found on or through
the Site, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser and/or vendor. The Operators shall not be responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings, or as the result of the presence of such
advertisers or vendors on the Site or in connection with the Site.
All of your business dealings with vendors and advertisers appearing
on or through the Site shall be at your sole risk.
9. INDEMNIFICATION
You hereby agree to indemnify and hold the KC BRIGADE, its member
teams, KCBRIGADE.com, and each of their respective general and
limited partners, members, directors, officers, employees, agents
and representatives harmless from all claims, liabilities, damages
and expenses (including attorneys' fees and court costs) arising
out of or relating to: (i) your use of the Site, including, but
not limited to use of any Message Feature or the Store; and (ii)
any breach or alleged breach of these Terms of Use.
10. TERMINATION OF SERVICE
The Operators may change, suspend or discontinue any aspect of
the Site at any time with or without notice, including the availability
of any Site feature, 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 Use or other
policies or guidelines posted on the Site or conduct which the
Operators believe is harmful to other customers, to the Operators'
respective businesses, or to other information providers. Upon
any termination of this agreement, you will immediately discontinue
your use and access of the Site and destroy all Content.
11. MISCELLANEOUS
These Terms of Use constitute the entire agreement between you
and the KC BRIGADE, and supersede all prior and contemporaneous
written or oral agreements, or communications with respect to
the subject matter herein between you and the KC BRIGADE. The
Operators in their sole discretion may amend these Terms of Use,
and your use of the Site after such amendment is posted on the
Site will constitute acceptance of it by you. The section headings
in these Terms of Use are for convenience only and must not be
given any legal import. If any provision of these Terms of Use
is held by a court of competent jurisdiction to be unlawful, void,
invalid or unenforceable, the remaining provisions shall remain
in full force and effect.
LAST UPATED: December 13, 2005
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