WEBSITE POLICIES & AGREEMENTS
Last Updated: October 30, 2018
Welcome to Blue Star Imaging (“BSI,” “Site,” or “it”), a Web-based software toolset operated by Blue Star Imaging, LP (“Provider”). This page explains the privacy policies that govern the use of our online and/or mobile services, website, and software and any other content provided on or in connection with the service (collectively the “Service” or “Services”).
2. Information Collection.
You generally are not required to provide information about yourself when you visit the Services. However, it may ask you for some or all of the following types of information when you register with our Services, sign up for contests or sweepstakes, participate in surveys, access various content or features, submit comments or content, use a send-to-a-friend feature, or directly contact us with questions or feedback:
- Contact information, such as name, e-mail address, postal address, and telephone number;
- Unique identifiers, such as a user name or password;
- Demographic information, such as gender; device type, operating system version and mobile carrier
- Financial information, such as credit card or other payment information;
- Geolocation information;
- Device Information, such as activity on the device, which applications are running, browsing history, and bookmarks. It also collects device carrier, operating system type and version; This is to help us ensure you have the best browsing experience possible.
- Communications preferences;
- Search queries;
- Comments and other information posted in our interactive online forums;
- Correspondence and other information that you send to us; and
- Additional information as otherwise described to you at the point of collection or pursuant to your consent.
Site may also collect certain information automatically when you visit the Services, including:
- Your Internet Protocol address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;
- Other unique identifiers, including mobile device identification numbers;
- Your browser type and operating system;
- Sites you visited before and after visiting the Services;
- Pages you view and links you click on within the Services;
- Information collected through cookies, web beacons, Local Shared Objects, and other technologies;
- Information about your interactions with e-mail messages, such as the links clicked on and whether the messages web received, opened, or forwarded; and
- Standard Server Log Information
3. Use of Information.
Site may use information that it collects through the Services for a variety of purposes, including to:
- Provide you with the products, promotions, services, newsletters, and information you request and respond to correspondence that it receive from you;
- Contact you via email and otherwise about your account, products, services, contests, and events that it thinks might be of interest to you;
- Send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties;
- Maintain or administer the Services, perform business analyses, or for other internal purposes to improve the quality of our business, the Services, and other products and services it offers;
- Publish stories, comments, photos, and other information posted in our interactive online features;
- Process employment applications and inquiries;
- Customize and personalize your use of the Services; and
- As otherwise described to you at the point of collection or pursuant to your consent.
4. Sharing of Information.
Site is committed to maintaining your trust, and it wants you to understand when and with whom it may share the information it collects. At times, as described below, it may share your personal information with others for various purposes:
- Service Providers:Site may share your information with service providers that perform certain functions or services on our behalf (such as to host the Services, fulfill orders, provide products and services, manage databases; perform analyses, process credit card payments, provide customer service, or send communications for us). These companies are authorized to use your personal information only as necessary to provide these services to us.
- Subsidiaries and Affiliates: Site may share your information with all members of the NFL Family, including, without limitation, our subsidiaries and affiliates (e.g., NFL Properties LLC, NFL International LLC, NFL Enterprises LLC, NFL Ventures, L.P., and NFL Ventures, Inc.).
- Select Business Partners: With your prior permission, it may share your information with select business partners so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you. For example, you may be presented with an opportunity to have certain information shared with our third party business partners when you enter a contest or sweepstakes or elect to receive marketing offers or other information. If you do not elect to have your information shared, it will not be shared with such third parties. Site takes measures to help ensure that our partners protect the confidentiality, integrity, and security of any information it share with them. However, Site is not responsible for the privacy practices of our business partners, which may use your information for their own purposes.
- Surveys: Site may provide you the opportunity to participate in contests or surveys. If you participate, it will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). It may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personally identifiable information for any other purpose. Site will not share the personally identifiable information you provide through a contest or survey with other third parties unless it gives you prior notice and choice.
- Third-Party Ad Serving and Audience and Traffic Measurement Services: Site may use third-parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users’ online activities over time and across different websites. You may manage your preferences by using the following link: http://preferences-mgr.truste.com/.
- Business Transfer: If Site sells all or part of its business, or makes a sale or transfer of assets, or is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, Site may transfer your information as part of such transaction.
- Interactive Features: Site may share information with third parties when you post information to a user profile or account, or a public area of the Services, such as a chat room, forum, blog, or other community tool. If you post to these interactive features, it will be publicly available and you may receive unsolicited messages from other parties. Site cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
- Other Parties with Your Express Consent: Site may share information with third parties when you consent to such sharing. For example, if you win a contest or sweepstakes, Site may ask your permission to publicly post certain information on the Services identifying you as the winner.
- Aggregate Information: Site may share aggregate information, such as demographics and usage statistics, with advertisers, sponsors or other organizations.
- Geo-Location Data and Services Providers: Site may share your geo-location data with service providers that perform certain functions or services on our behalf (such as to host the Services, fulfill orders, provide products and services, manage databases, perform analyses, process credit card payments, provide customer service, or send communications for us). These companies are authorized to use your geo-location data only as necessary to provide these services to us.
- Geo-Location Data and Third Parties: Site may share your geo-location data with third parties for the purpose of them serving you ads for places in your area.
5. Tracking Technologies & Cookies.
As is true of most websites, Site gathers information automatically and store it in log files. This information may include Internet Protocol address, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and or clickstream data. Site may combine this automatically collected log information with other information it collects about you. It does this to improve services it offers to you, and to improve marketing, analytics and Site functionality.
Site uses Local Storage Objects (“LSO”) such as HTML5 of Flash to store content information and preferences. Third parties with whom Site partners to provide certain features or to display advertising based upon your web browsing activity use LSOs such as HTML 5 or Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Site uses mobile analytics software to allow it to better understand the functionality of its Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and the source from which the application was downloaded. Site does not link the information it stores within the analytics software to any personally identifiable information you submit within the mobile app.
6. Behavioral/ Re-Targeting.
7. Social Networking.
8. Public Profile.
The profile or account that you create on the Site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal.
9. Links to Other Websites.
Site has adopted generally accepted standards to help protect against loss, misuse, and unauthorized access to the information you provide to us. When you enter sensitive information (such as a credit card number) and geo-location, it encrypts the transmission of that information using secure socket layer technology.
Please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while Site strives to protect your information and privacy, it cannot guarantee or warrant the security of any information you disclose or transmit to the Services. Therefore, Site cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.
11. Data Retention.
Site will retain your information for as long as your account is active, as needed to provide you the Services, comply with our legal obligations, resolve disputes, and enforce our agreements.
12. Children’s Privacy.
Site may collect personal information from users who are under the age of thirteen (13) through their use of the Services. To the extent that this type of personal information is collected, Site does so in compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.).
“Parent” includes legal guardians.
“Child” or “Children” means a user or users that are under the age of 13.
“Personal Information” or “Profile Information” means individually identifiable information including personal information such as a username, first and last name, birthdate, phone number, email address, and other contact information collected through Child user’s use of the Site’s Services or when Child user registers for an account. Depending on the specific Service accessed, additional information may be collected if the Child user creates a player profile, including but not limited to, height, weight, photograph and/or video and other biographical or personal information, and information about the Child user’s performance or information relating to the Child user’s team, league, or organization.
“Organization” means any association of which the Child user is a member or intends to apply for membership by registering online or authorizing to enter the Child user’s information into their website.
For more information about COPPA, use the following link:
12B. Parental Consent.
Site is required by COPPA to use reasonable efforts to ensure that, before it collects any personal information from a Child, the Child user’s parent receives notice of and consents to Site’s information collection and disclosure practices. Parents should know that through use of the Site Services, Child users under the age of 13 may participate in activities that involve the collection or use of personal information. However, Child users may not participate in any Site activities without a parent’s permission.
If a user is under age 13, Site must have “verifiable parental consent” before it collects and uses the Child user’s personal information. Site accomplishes this by requiring parents to provide their name and e-mail address to Site prior to the collection of the Child user’s information, together with an acknowledgement of the fact that their Child is under 13.
12C. Information Site Collects & How Site Collects It.
A Parent has many tools to monitor and supervise the Child’s activities on the Site. For example, Site requires that Parent provides his or her e-mail address as a prerequisite of the Child user’s account creation. Therefore, a Parent can edit his or her Child’s account profile, turn on and off notifications, and monitor all postings to the Site by their Child or other Users using the Service. Site encourages Parents to always closely monitor their Children’s use of the Services.
12D. Tracking Child Users’ Activities on the Site.
When a Child user is logged into his or her account, Site may track the Child’s activities within the Site. For example, Site may track the pages visited, the length of time spent logged in, the information submitted about preferences, and comments posted via the Service. This information is associated with the Child’s account and may be combined with the personally identifiable information Site collects from him or her.
Site may partner with third parties to provide content and/or to display targeted advertisements. Site will not share a Child user’s personally identifiable information with these third parties. However, some of these third parties may use tracking technologies, such as cookies and Web beacons, in order to track user activity. We do not exercise control over or have access to these tracking technologies or the information practices of these parties, which are subject to the privacy policies of these third parties.
Parents may request information from Site on the type of data being collected, view their Child’s information, and, if they choose, prohibit us from making further use of their Child’s information. For more information on how to do this, see the section below entitled “How to Review, Delete or Alter the Information Collected from Child Users.”
12E. How to Review, Delete or Alter the Information Collected from Child Users.
Parents can review their Child’s personal information at any time by accessing their account or profile. Parents may remove access for their Child or delete their Child’s account entirely. Parents can also have their Child’s personal information deleted and refuse to permit further collection of such information by Site.
If Parents wish to view, delete or modify the information that Site collected about their Child, or if Parents want to delete their Child’s account or profile, Parents may do this by directly accessing the Child user’s account or profile, or by e-mailing Provider at DMCAgroup@dallascowboys.net. However, Parents should understand that even after removal, Child users’ content may remain viewable in cached and archived pages, or by other users if they previously copied or stored such content.
12F. Data Security.
Site cares about the security of Child users’ information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Site Services. However, no security system is impenetrable and Site cannot guarantee the security of its systems or privacy protection mechanisms. In the event that any information under Site’s control is compromised as a result of a breach of security, Site will take reasonable steps to investigate the situation and where appropriate, notify those users whose information may have been compromised. Site warrants that it will take other steps, in accordance with any applicable laws and regulations in response to such events.
13. Communications Preferences & Access.
You may choose to receive promotional emails, newsletters, push notifications, and similar communications from Site. You may opt out of receiving commercial emails from us by clicking on the opt-out or “unsubscribe” link included in the commercial e-mails you receive or by turning off push notifications at the device level. Please note that opt-out requests may take some time to be effective. Your opt-out request will not apply to messages that you request or that are not commercial in nature. For example, Site may contact you concerning any purchases you have made with us, even if you opt out of receiving unsolicited commercial email messages.
If your information changes, or if you no longer desire to use the Services, you may request that it update or remove certain information by signing into your account and making the required changes or by contacting us by postal mail at the contact information listed below. Site will respond to your request within a commercially reasonable timeframe.
14. Your California Privacy Rights.
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes
Attn: California Privacy Rights
One Cowboys Way, Suite 100
Frisco, Texas 75034
16. International Users.
Please note that the Services are directed towards users who reside in the United States. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, Site commits to uphold the privacy protections as explained in this Policy.
17. Contact Us.
One Cowboys Way, Suite 100
Frisco, Texas 75034
Last Updated: May 24, 2018
Welcome to Blue Star Imaging (“BSI,” “Site,” or “it”), a Web-based software toolset operated by Blue Star Imaging, LP (“Provider”). This page explains the terms by which you may use our online and/or mobile services, website, and software and any other content provided on or in connection with the service (collectively the “Service” or “Services”).
The Site may acquire, merge, or create a parent of subsidiary company in the future (“New Site Entity”) before this Agreement is updated. If that occurs, you hereby agree that any New Site Entity is also covered by the terms and conditions set forth in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Use of Our Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal use only and as permitted by the features of the Site Service. The Site reserves all rights not expressly granted herein in the Services and the Site Content (as defined below). The Site may terminate this license at any time for any reason or for no reason.
2B. User Accounts.
Your Site account and/or profile (collectively, “Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.
If you are a coach or employee of a university or other institution, you agree that you will only open a Site account on behalf of such university, institution, company, organization, or other entity, and (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. In the event the coach or employee with the foregoing authorization leaves the institution that (s)he created such account for, it shall be the institution’s responsibility to transfer control of such account to another coach or employee and the institution will have thirty (30) days to complete such transfer, including transfer of control of any data or User Content (as defined below) that has previously been created or uploaded by such User.
You may never use another User’s Account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account. You must notify the Site immediately of any breach of security or unauthorized use of your Account. The Site will not be liable for any losses caused by any unauthorized use of your Account.
You may control your User Account and how you interact within the Services by changing the settings on your settings page. By providing the Site your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt-out of Service-related emails. We may also use your email address to send you other messages, such as special offers. If you do not want to receive such non-Service-related email messages, you may opt out. Opting out may prevent you from receiving email messages regarding special offers.
2C. Service Rules.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Site servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that the Site grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
3. User Content.
3A. Your Content Related Responsibilities.
Some Site Services allow Users to post or provide content such as profile information, videos, images, music, comments, questions, User Data (as defined below) and other content or information (any such materials a User provides, submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. The Site has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to provide User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school, governing body or other applicable policy, including those related to cheating or ethics or recruiting. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, or otherwise have all rights necessary to use such music and grant the license to such music as anticipated below, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content.
The Site reserves the right, but is not obligated, to reject and/or remove any User Content, including, without limitation, any User Content that the Site believes, in its sole discretion, violates any of these provisions, any User Content that the Site believes was obtained without the proper permissions and consents, as warranted by you below, or in response to a request by another User or third party or parent or guardian of another User or third party. You understand that publishing your User Content on or through the Site Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means any and all intellectual property and proprietary rights anywhere in the world, including all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant that you have the consent of each and every identifiable natural person in the User Content, if any, to use such person’s name, information or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any User Content relating to third parties. Your User Content, the Site’s and other Users’ use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
The Site may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all of your User Content and other information that you provide to us is truthful and accurate.
The Site takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your User Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Site shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
3B. License Grant to User Content.
4. User Data.
4A. Your Data Related Responsibilities.
Certain aspects of the Services allow Users to provide the Site with data or access to other data sources (whether online or otherwise) (“User Data”). In connection with User Data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that: (i) you have obtained such User Data lawfully, and such User Data does not and will not violate any applicable laws or a third party’s proprietary or intellectual property rights; (ii) you shall not provide any User Data or content that contains bank account information, credit or debit card information, personal information collected from children under 13 without the Parent’s consent, social security numbers, or health or medical information, except in designated areas of the Service which permit the receipt of such sensitive data elements. Such data may not be submitted or stored by the Site without the Site’s explicit consent, and the Site reserves the right to delete or anonymize such data if discovered stored in an unauthorized location within the Service. You are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to your User Data that you share with us for the provision of Services under this Agreement. We may exercise the rights to your User Data granted under this Agreement without liability or cost to any third party.
4B. License Grant to User Data.
By submitting such User Data, or providing the Site with access to such User Data, you expressly grant, and you represent and warrant that you have all rights necessary to grant, all right and licenses to the User Data required for us and our subcontractors and service providers to provide the Services and otherwise use User Data as permitted under this Agreement, including, without limitation, our consultative services such as the reconciliation of data from multiple sources. You acknowledge and agree that we may collect, analyze and use User Data, including data that has been anonymized, aggregated or derived from User Data, as well as data about your access and use of our Services, for the purpose of providing, operating, analyzing, and improving our Services.
5. Mobile Software.
We may make available software to access the Services via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. The Site does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. The Site hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one the Site Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.
You acknowledge that the Site may, from time to time, issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and the Site or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Site reserves all rights not expressly granted under this Agreement.
5B. Mobile Software Acquired on behalf of the United States Government.
If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies.
The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to 48 C.F.R. § 227.7202-1 and 48 C.F.R. § 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Site Service.
5C. Mobile Software from iTUNES.
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”):
- You acknowledge and agree that this Agreement is solely between you and the Site, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to the Site as provider of the software.
- You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to the Site as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, the Site, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and the Site acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
5D. Mobile Software from Google.
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”):
- you acknowledge that the Agreement is between you and the Site only, and not with Google, Inc. (“Google”);
- your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;
- Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
- the Site, and not Google, is solely responsible for its Google-Sourced Software;
- (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the Site’s Google-Sourced Software.
6. The Site’s Proprietary Rights.
6A. Site Content.
Except for your User Content and your User Data, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (“Site Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Site and its licensors (including other Users who provide User Content through the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Site Content. Use of Site Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
6B. Site Property.
The Services contains additional data, information, and other content not owned by you, such as reputational or status indicators and/or fictional property representing virtual progress or achievements within the Services (“Site Property”). You understand and agree that, regardless of terminology used, Site Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at the Site’s sole discretion. Site Property is not redeemable for any sum of money or monetary value from the Site at any time. You acknowledge that you do not own the Account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of the Site or on the Site’s servers, including without limitation any data representing or embodying any or all Site Property. You agree that the Site has the absolute right to manage, regulate, control, modify and/or eliminate Site Property as it sees fit in its sole discretion, in any general or specific case, and that the Site will have no liability to you based on its exercise of such right.
All data on the Site’s servers are subject to deletion, alteration, or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on the Site’s servers, may be deleted, altered, moved or transferred at any time for any reason in blue star sports’ sole discretion, with or without notice and with no liability of any kind. The Site does not provide or guarantee, and you expressly disclaim, any value, cash or otherwise, attributed to your user content and user data residing on the Site’s servers.
7. User Submissions.
7A. Ideas about Services’ Improvements.
You further acknowledge that, by acceptance of your submission, the Site does not waive any rights to use similar or related ideas previously known to the Site, or developed by its employees, or obtained from sources other than you.
7B. Unsolicited Submissions.
Neither the Dallas Cowboys nor any of its affiliates or employees accept or consider unsolicited ideas for new creative, marketing, promotions, products or technologies through its member sites. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to the Site. This policy is not intended to serve as a barrier to receiving and responding to feedback from valued Dallas Cowboys fans. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Dallas Cowboys or affiliates’ products, strategies or other materials might seem similar to ideas submitted to the Dallas Cowboys.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, you agree that: (i) your submissions and their contents will automatically become the property of the Dallas Cowboys and its affiliates, without any compensation to you; (ii) Dallas Cowboys may use or redistribute the submissions and their contents for any purpose and in any way; (iii) there is no obligation for the Dallas Cowboys and its affiliates to review the submission; and (iv) there is no obligation to keep any submissions confidential.
8. No Professional Advice.
If a Service provides professional information (for example, legal, medical or compliance advice), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
You may terminate this Agreement at any time by taking the necessary steps to close your Account and discontinue all use of the Services. We may, without prior notice, take the following steps: (i) change the Service; (ii) stop providing the Service or features of the Service, to you or to Users generally; or (iii) create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. You agree that we will not be liable to you or any other party for any termination of your access to the services or deletion of your account or your submission materials.
In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive. Specifically, and without limitation, the license you have granted to the Site and to third parties to use any User Content and User Data survives termination of this Agreement. Termination of this Agreement for any reason shall not entitle you to a refund under any circumstances. Upon termination of this Agreement for any reason, you shall make no further use of the Services whatsoever.
The Site cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. Third-Party Links & Information.
You agree to defend, indemnify and hold harmless the Site and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
14. No Warranty.
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the Site or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, the Site, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Services. The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Service may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of the Site, access to the Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, the Site shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. you agree that the Site shall not be liable for any damages arising from any such interruption, suspension or termination of the service and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the service.
The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site Services or any hyperlinked website or service, and the Site will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
15. Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall the Site, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will the Site be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, the Site assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall the Site, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Site hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Site has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
16A. Governing Law.
You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree to submit to the personal jurisdiction of the federal and state courts located in Dallas, Dallas County, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Dallas, Dallas County, Texas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.
For any dispute with the Site, you agree to first contact us at DMCAgroup@dallascowboys.net and attempt to resolve the dispute with us informally. In the unlikely event that the Site is not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Dallas, Dallas County, Texas, unless you and the Site agree otherwise.
If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Site from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
16C. Class Action/Jury Trial Waiver.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO WAIVE THEIR RIGHTS TO CLASS ACTION LAWSUITS AND JURY TRIALS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE SITE.
With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and the Site are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
19. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Site’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at DMCAgroup@dallascowboys.net with any questions regarding this Agreement.