THESE SOCCER SYNC TERMS OF SERVICE (“TERMS”) ARE ENTERED INTO BY AND BETWEEN THE UNITED STATES SOCCER FEDERATION, INC. (“US SOCCER FEDERATION”) AND YOU (“PARTICIPANT” OR “YOU”).THESE TERMS GOVERN PARTICIPANT’S PARTICIPATION IN THE SOCCER SYNC INITIATIVE (THE “PROGRAM”), WHICH IS ENABLED BY TECHNOLOGY PLATFORMS (THE “PLATFORMS”) PROVIDED BY ONE OR MORE OF US SOCCER FEDERATION’S THIRD-PARTY TECHNOLOGY PARTNERS (EACH A “TECHNOLOGY PARTNER”). BY PARTICIPATING IN THE PROGRAM IN ANY MANNER, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. THE SOCCER SYNC PRIVACY POLICY AND THESE TERMS ARE REFERRED TO COLLECTIVELY AS THE “AGREEMENT.” IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR, CONNECT YOUR ACCOUNT WITH, OR OTHERWISE USE THE PROGRAM.
Use of Platforms. Participation in the Program requires Participant to download, install and use one or more Platforms. Participant’s use of the Platforms is subject to the applicable terms and conditions (including the privacy policy) of the Technology Partners.US Soccer Federation does not make any representations or warranties with respect to the Platforms and does not guarantee the performance or availability of the Platforms. Any exchange of data or other actions that occur on the Platforms is solely between Participant and the applicable Technology Partner and governed by the applicable Technology Partner’s terms and conditions.
Feedback. Participant may, from time to time and in her sole discretion, make suggestions for changes, modifications or improvements to the Program (“Feedback”).All Feedback shall be solely owned by US Soccer Federation (including with respect to all intellectual property rights) and shall also be US Soccer Federation’s confidential information. Participant shall and hereby does make all assignments necessary to achieve such ownership.
Inputs and Outputs. For purposes of these Terms, “User Input” shall mean any data, information, prompts or other material provided, uploaded, or submitted by Participant to the Platforms or otherwise to the Technology Partners or US Soccer Federation in connection with the Program. Participant acknowledges and agrees that the Technology Partners will provide User Input and resulting Output (as defined below) to US Soccer Federation for use in connection with the Program. Participant hereby grants to US Soccer Federation a worldwide, non-exclusive, royalty-free license to use, copy, access, process, reproduce, perform, display, modify, distribute, transmit, operate, maintain, and prepare derivative works of the User Input and the Output (as defined below) for the purposes of providing, maintaining, developing, and improving the Program and US Soccer Federation’s other technologies and programs during and after Participant’s participation in the Program. For purposes of this Agreement, “Output” means output generated by the Platforms in response to User Input. Certain Output generated by the Platforms may be generated through use of artificial intelligence. Participant will not include any deceptive or unlawful User Input in connection with their use of the Platforms (including in an attempt to steer the Platforms to generate inaccurate results).Artificial intelligence and machine learning are rapidly evolving fields of study, and given the probabilistic nature of machine learning, use of the Platforms may in some situations result in incorrect or inaccurate Output and Participant must verify the accuracy and appropriateness of any Output before relying on any such Output.
Term; Termination. These Terms shall commence on the date signed below and shall continue until terminated by either party as set forth herein.US Soccer Federation is free to terminate (or suspend access to Participant’s participation in) the Program for any reason in its discretion, including as a result of any breach of these Terms. US Soccer Federation has the sole right to decide whether Participant is in violation of any of the restrictions set forth in these Terms. Upon termination, all rights granted to Participant under these Terms shall immediately cease. Sections 2-11 shall survive termination of these Terms.
Confidentiality. In the course of participating in the Program, Participant may obtain or develop information relating to the Program, the Platforms and/or US Soccer Federation, including without limitation business, legal, technical, product, marketing and customer information (collectively “Confidential Information”).Except for the specific rights granted by these Terms, Participant shall not use, possess, publish or otherwise disclose any Confidential Information without the prior written consent of US Soccer Federation. Participant shall receive the Confidential Information in strict confidence, and use all reasonable efforts to protect the Confidential Information and any other proprietary or confidential information disclosed to Participant by US Soccer Federation.
Ownership. These Terms do not transfer ownership rights of any kind in the Platforms, or any related materials to Participant or any third party. The US Soccer Federation name, logo, and the trademarks and trade names associated with the Program are trademarks of US Soccer Federation or third parties, and no right or license is granted to use them. Participant may not use US Soccer Federation’s name or trademarks without the prior written consent of US Soccer Federation.
Personal Data and Aggregate Data. Participant acknowledges and agrees that Personal Data received by US Soccer Federation in connection with the Program will be processed by US Soccer Federation in accordance with these Terms and subject in each case, to US Soccer Federation’s Soccer Sync Privacy Policy, located at https://www.ussoccer.com/privacy-policy.For the purpose of these Terms, “Personal Data” includes any information or data that could reasonably be used to identify or relate to any identified individual, household, or device. You acknowledge and agree that US Soccer Federation may freely use aggregated and anonymous data based on Participant’s participation in the Program, including without limitation any such data generated from User Inputs or Outputs. Any materials produced using such data are the sole and exclusive property of US Soccer Federation.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for, connect your account with, or otherwise use the Program or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at dataprotection@ussoccer.org.
No Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE PROGRAM AND THE PLATFORMS ARE EXPERIMENTAL AND PRELIMINARY AND ARE provided “AS IS” without warranty OF ANY KIND.WITHOUT LIMITING THE FOREGOING, US SOCCER FEDERATION makes no promise that PARTICIPATION in the PROGRAM, INCLUDING RECEIPT OF ANY OUTPUT HEREUNDER, will (I) MEET yours or participant’s REQUIREMENTS OR EXPECTATIONS, (II) RESULT IN ANY OUTCOME, (iii) be SECURE, TIMELY, UNINTERRUPTED OR error-free, (iv) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS or (v) be accurate, complete, error-free or up-to-date. WITHOUT LIMITING THE FOREGOING, US SOCCER FEDERATION WILL NOT BE RESPONSIBLE FOR ANY ACTIONS TAKEN BASED ON any OUTPUT, nor will it be responsible for inaccurate results contained within the output. participant assumes ALL RISKS ASSOCIATED WITH ITS USE OF THE OUTPUT.
Limited Liability. Regardless of the form of any claim or action, US SOCCER FEDERATION will not be LIABLE with respect to the subject matter of these Terms for any (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ACT OR OMISSION OF THE TECHNOLOGY PARTNERS), (B) LOSS of USE OR data, or COST OF SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, (C) INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR INVESTMENT LOSSES or (D) damages, IN THE AGGREGATE, in excess of ONE HUNDRED DOLLARS ($100.00). EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL, BARGAINED FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS.
Indemnification. Except as prohibited by law, you and Participant will hold US Soccer Federation and its affiliates and their officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms or participation in the Program, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Platforms; (ii) your violation of any of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Participant’s participation in the Program.
General. These Terms constitute the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written), between the parties about the subject matter of these Terms.US Soccer Federation reserves the right to amend, modify or change these Terms at any time and will use commercially reasonable efforts to notify you of the same. If you or Participant use the Platforms in any way after such changes are effective, then you and Participant will be deemed to have agreed to all of the changes. Except for the foregoing, no change, consent or waiver under these Terms will be effective unless in writing and signed by US Soccer Federation and you. The parties are independent contractors under these Terms, and nothing herein shall constitute either party as the employer, employee or agent of the other party, or both parties as joint venturers or partners for any purpose. Any breach of these Terms will cause not only financial damage, but also irreparable harm to US Soccer Federation for which money damages will not be an adequate remedy. In addition to US Soccer Federation’s other rights and remedies, you agree that US Soccer Federation will be entitled to an injunction or similar equitable relief against any breach or threatened breach, without the necessity of posting any bond. If any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable. The failure of either party to act with respect to a breach of these Terms by the other party shall not constitute a waiver and shall not limit such party’s rights with respect to such breach or any subsequent breaches. These Terms shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflicts of laws provisions, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the State of Georgia, County of Fulton.
AGREEMENT TO ARBITRATE. If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the DISPUTE shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, THE PARTIES shall seek resolution via binding arbitration, to be conducted in Atlanta, Georgia and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in Atlanta, Georgia. The arbitration requirement does not apply to requests solely for injunctive relief.