Last modified: January 1, 2020
1. INTRODUCTION AND AGREEMENT
Welcome tothe www.nflflag.com website (the “Website”), which is owned and operated by RCX Sports LLC (“RCX”, “we”, “our” or “us”).
We operate the Website as an extension of the “NFL FLAG” flag football program (“NFL FLAG”) that we manage under licenses from NFL Properties LLC (“NFLP”) in collaboration with NFLP, the National Football League (the “NFL”), The National Football League Foundation, NFL Enterprises LLC, NFL Productions LLC, NFL International LLC, the professional football teams that comprise The National Football League now or in the future, NFL Ventures, Inc. and NFL Ventures, L.P., and their respective affiliates (collectively, the “NFL Entities”). We may provide various products and services through the Website.
When you use the Website, you are agreeing to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use this website.
RCX reserves the right to change, suspend and/or discontinue, at any time, any aspect or feature of the Website and/or the products and services made available through it, including without limitation content, hours of availability and equipment needed for access or use. We also reserve the right to change or modify these Terms and Conditions applicable to your use of the Website, or any part thereof, or to impose new terms or conditions, at any time. All such changes will take effect immediately after they have been posted on the Website, and you will be deemed to have accepted any such changes by your use of the Website following such time. Therefore, we encourage you to regularly review these Terms and Conditions.
4. INTENDED AUDIENCE
THE WEBSITE IS NOT DIRECTED TO, OR INTENDED FOR, CHILDREN UNDER 13 YEARS OF AGE. RCX understands that protecting the privacy of young children is important. For that reason, no personal information should be submitted through the Website by users under 13 years of age.
5. YOUR USE OF THE WEBSITE
You agree that you will not:
You further agree that you will not use the Website to:
6. YOUR SUBMISSIONS TO THE WEBSITE
You may submit inquiries, ideas or feedback (“User Materials”) to RCX through the email addresses listed on the Website or through other Website features that RCX may, in its sole discretion, make available (if any). You are solely responsible for your User Materials and the consequences of submitting such User Materials to us.
By using the Website and submitting such User Materials to us, you represent and warrant that you own the entire right, title and interest in and to such User Materials, including without limitation the copyrights therein and thereto (or you otherwise possess sufficient rights in such User Materials, through a written agreement with the owner(s) of such rights, to grant the license, consent and release herein), and that such User Materials: (i) are original and have not been copied in whole or in part from any other work; and (ii) do not violate, infringe and/or misappropriate the proprietary rights of any third party, including without limitation privacy and publicity rights.
You hereby grant to RCX and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, media outlets/partners and those acting with authority of the foregoing (collectively, “RCX Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable and sublicensable right and license to use, share, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, crawl, create algorithms based on, modify and/or transcode such User Materials, in any and all formats, for any and all purposes (including, without limitation, to operate and administer NFL FLAG and provide products and services) and through any and all means and channels, including without limitation through streaming and downloading technologies, on the Internet, in publications and advertisements, at scouting/recruiting events and in kits distributed to the media.
You hereby fully and completely release, forever discharge, hold harmless and agree to defend and indemnify the RCX Parties from any and all claims, liabilities demands, actions, suits, causes of action and damages (including costs, expenses and attorneys' fees), that you, or any third party, shall or may have arising out of or in connection with the use of such User Materials as provided herein. The license, consent and release herein is binding upon you and your heirs, executors, administrators, successors, licensees and assigns.
If you have any comments or questions regarding content or materials on the Website, please contact RCX using the contact information found at the end of these Terms and Conditions. If you believe in good faith that any content or materials on the Website violate your copyright, please contact us as provided in the following section of these Terms and Conditions.
7. COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT
RCX respects the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on the Website, including without limitation User Materials, in accordance with the Digital Millennium Copyright Act (the “DMCA”).
The DMCA provides a process for copyright owners to give notification to online service providers concerning alleged copyright infringement. When RCX receives a valid DMCA notification, we respond by removing (or disabling access to) the allegedly infringing content or materials. After removing such content or materials, RCX will take reasonable steps to contact the owner of the removed content or materials so that a DMCA counter notification may be submitted. After receiving a valid counter notification, RCX generally restores the allegedly infringing content or materials, unless we receive further notice from the copyright owner that a legal action has been filed seeking a court order to restrain the alleged copyright infringer from engaging in the allegedly infringing activity.
If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or materials on the Website, including without limitation User Materials, violate your copyright, you may submit a notification pursuant to the DMCA by providing our DMCA agent with the following information in writing (please see 17 U.S.C. §512(c)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit RCX to locate the material; (iv) information reasonably sufficient to permit RCX to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (vi) a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
RCX's designated agent to receive notifications of claimed copyright infringement under the DMCA is:
RCX Sports LLC
Attn: DMCA Notice
Address: 1333 N Kingsbury St, Chicago, IL 60642
For the purposes of clarification, only notices pursuant to the DMCA should be directed to RCX’s DMCA agent. All other questions or concerns about the Website or these Terms and Conditions should be directed to RCX as set forth at the end of these Terms and Conditions.
If you believe that your User Materials have been improperly removed because they are not infringing, because you have authorization from the actual copyright owner or the owner's agent and/or because you have the right to use the User Materials under applicable law, you may send a written counter notification to RCX's DMCA agent with the following information (please see 17 U.S.C. §512(g)(3) for further detail): (i) your physical or electronic signature; (ii) identification of the User Materials that have been removed or to which access has been disabled and the location(s) at which the User Materials appeared before such User Materials were removed or disabled; (iii) a statement under penalty of perjury that you have a good faith belief that such User Materials were removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, telephone number and, if available, email address; and, (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, to the jurisdiction of the Federal District Court for the Southern District of New York, and that you will accept service of process from the party that provided notification to RCX of the alleged infringement.
If RCX's DMCA agent receives a valid counter notification pursuant to the DMCA, we may send a copy of such counter notification to the original complaining party and we may inform such party that we may replace the removed or disabled content in ten (10) business days. Unless RCX's DMCA agent receives further notice from the original complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may replace or re-enable access to the allegedly infringing content or materials not less than ten (10), nor more than fourteen (14), business days after receipt of the valid counter notification.
8. INTELLECTUAL PROPERTY
All text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, and music contained on, or comprising, the Website, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression and “look and feel” of the Website, and the software comprising and/or embodying the foregoing (collectively, the “RCX Content”), are owned, controlled or licensed by or to RCX, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark and/or patent laws. Your use of the Website gives you no ownership rights in the RCX Content.
You may not, without limitation, copy, reproduce, republish, download, print, post, broadcast, record, mirror, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of the Website or the RCX Content except as follows: (i) you may download the RCX Content to the Website viewing device for the purpose of viewing it; and, (ii) you may print portions of the Website and the associated RCX Content for your personal informational use as long as the printed portions are not subsequently modified or altered in any way. Any use other than as permitted under these Terms and Conditions may be undertaken only with the prior written authorization of RCX.
9. TERMINATION OF YOUR RIGHT TO USE THE WEBSITE
RCX reserves the right to suspend, restrict and/or terminate your access to the Website at any time, without notice, in our sole discretion, without limitation to any of our other rights. Further, RCX reserves the right to terminate your account if your User Materials are the subject of multiple DMCA notifications and/or you are deemed to be a repeat infringer.
10. PRODUCTS AND SERVICES OFFERED BY RCX
RCX may offer products and services on or through the Website. When you enroll for such products or services, you accept the specific agreement(s) applicable to such products or services. Your use of any such products or services is governed by the terms and conditions in the applicable agreement(s) for such products or services and, to the extent such products or services are provided through the Website, these Terms and Conditions also will apply.
11. LINKS TO OTHER WEBSITES
The Website may provide links to other websites or resources, including advertisers, over which we have no control. These links are provided solely as a convenience to you and, unless otherwise explicitly stated, should not be construed as an endorsement by RCX of the content, product or services on such websites or resources. You access and use such websites or resources, including the content, products or services thereon, solely at your own risk. We make no representations or warranties with respect to the content, ownership, or legality of any such linked websites, and you agree that RCX has no responsibility or liability for the availability of such websites or resources, or for the content, advertising, products, services or other materials available through such websites or resources.
12. THIRD PARTY ADVERTISING ON THE WEBSITE
Unless otherwise explicitly stated, RCX does not endorse or guarantee any third party products or services advertised on the Website or any third parties sponsoring parts of the Website. Your dealings with advertisers or other third parties found on or through the Website are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that RCX will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE WEBSITE), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER AND THEREFORE RCX EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
RCX DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE WEBSITE, THE FUNCTIONALITY OF THE WEBSITE, OR THE AVAILABILITY OF THE WEBSITE. RCX CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RCX, OR FROM OR THROUGH THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. RCX MAKES NO SUCH WARRANTY. RCX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE INFORMATION MATERIALS, SOFTWARE, FACILITIES, WEBSITE, OR OTHER CONTENT ON THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. RCX DOES NOT WARRANT THAT THE FUNCTIONS AND FEATURES MADE AVAILABLE THROUGH THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RCX EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. RCX IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL RCX BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE, ANY USER MATERIALS POSTED ON OR THROUGH THE WEBSITE OR TRANSMITTED TO USERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. RCX TAKES NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED THROUGH THE WEBSITE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR WEBSITE PROVIDED BY ITS ADVERTISERS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14. LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. RCX IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. RCX IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE WEBSITE.
RCX ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR USER COMMUNICATIONS. UNDER NO CIRCUMSTANCES WILL RCX, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USE DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE WEBSITE, WHETHER OR NOT RCX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATIONS OF LIABILITY SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM THE WEBSITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (B) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PART OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, UNDER NO CIRCUMSTANCES SHALL RCX BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.
15. APPLICABLE LAW
The Terms and Conditions shall be governed by and construed under the law of the State of New York, without regard to conflicts of laws rules. You agree that the courts of New York shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in the state and federal courts in New York, New York.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor RCX will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York, New York. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that RCX may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under these Terms and Conditions must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed.
17. LIABILITY FOR TECHNICAL DISRUPTIONS TO THE WEBSITE
If you cause a technical disruption of the Website or any aspect of its functionality you agree to be responsible for any and all loss, costs, liabilities or expenses RCX may suffer and you agree to be liable for any attorneys' fees and costs arising from and/or related to the same. The foregoing shall be without limitation of our other venders in law or equity.
You agree to compensate, indemnify, defend, and hold harmless RCX and its affiliates, and the each of the foregoing’s respective officers, directors, employees, agents, business partners, distributors, licensors and licensees for, from and against all claims, losses, expenses (including, without limitation, reasonable attorneys’ fees and costs and the costs of enforcing this Section 18), damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of the Website or any violation of these Terms and Conditions.
Each provision of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
20. NO WAIVER
The failure of RCX to enforce any provisions of these Terms and Conditions or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of these Terms and Conditions or to act with respect to similar breaches.
21. HOW TO CONTACT US