Academy Terms of Use


 TERMS OF USE
(Effective & last modified 08/04/09)

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR OTHER SERVICES THAT WE PROVIDE. BY ACCESSING OR USING OUR WEBSITE OR OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU AGREE TO THESE TERMS OF USE. 
Red Bulls New York, Inc. (“RBNY”, "we”, “us and “our") offers you access to its interactive online website. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our Website, and your use of any other services we provide (e.g., newsletters, merchandise, tickets, etc.) (collectively, “Service”). Our websites include http://redbullsacademy.com and all other websites or web pages on which we place these Terms of Use (collectively, “Website”). 
Consistent with Section 16 below, we may, from time-to-time modify, alter or update the Terms of Use.  Any revised version of the Terms of Use will be posted on our Website and noted with an “effective date” – meaning that the revised Terms of Use govern your future use of our Website and Service.  If you do not agree to the revised version, you must immediately stop using our Website and Service.  You agree that revised Terms of Use will apply to your continued use of our Website or Service if, after we post the revised Terms of Use, you continue use of our Website or our Service. 

1.    INTELLECTUAL PROPERTY

Our Website, Service and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, “RBNY Content”) and all intellectual property rights to the same are owned by us, our licensors, or both.  Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Website or Service are owned by us, our licensors, or both.  Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title or interest in our Website or Service.  Any rights not expressly granted in these Terms of Use are expressly reserved.

2.    ACCESS

2.1.    To access or use some content or features of our Website or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration.  Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons. 
2.2.    Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.
2.3.    We may require that you establish an account with use to access certain parts of our Website or use certain Services (e.g. purchase tickets).  When registering an account, you may need to select a username ("ID") and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID AND PASSWORD, AND OTHER ACCOUNT INFORMATION, CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED SUCH ACTIVITIES.  You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by contacting us at 1.877.RB.SOCCER, (TTY) 201.520.0223, or fanservices@newyorkredbulls.com.

3.    LIMITATION, SUSPENSION OR TERMINATION

3.1.    We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our Website or Service (including any RBNY Content or User Content) without prior notice. We may do so based on changes to our business practices, if you violate the letter and spirit of these Terms of Use, or for any other lawful reason.  You agree that we are not liable to you or any third party for any such action.
3.2.    Any limitation, suspension or termination we impose shall not alter your obligations to us under these Terms of Use.  The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability, mandatory arbitration, no class action and all of the miscellaneous provisions in Section 17.

4.    ACCEPTABLE USE

4.1.    Our Website and Service (including, without limitation, RBNY Content and User Content) are provided for your information and personal, non-commercial use only.  When using our Website or Service, you agree to comply with these Terms of Use, and all applicable federal, state and local laws. 
4.2.    Except as expressly permitted by these Terms of Use, you may not:
4.2.1.    use our Website or Service in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
4.2.2.    modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Website or Service (e.g., those that prevent or restrict copying RBNY Content);
4.2.3.    take any action to interfere with, damage, disrupt any part of our Website or Service;
4.2.4.    use our Website or Service to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
4.2.5.    use our Website or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
4.2.6.    use our Website or Service to transmit any data, or upload to our Website or Service any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
4.2.7.    decompile, reverse engineer or disassemble any portion of our Website or Service;
4.2.8.    engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or Service.
4.3.    You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

5.    USER CONTENT

5.1.    We may now or in the future permit you to post, upload, transmit through or otherwise provide through our Website or Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively “User Content”).  For example, if we in the future create a fan forum, any comment you post to the forum is your User Content.
5.2.    Standards. You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. Furthermore, you represent and warrant that your User Content:
5.2.1.    will not contain any material which tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
5.2.2.    will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.2.3.    does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
5.2.4.    will not be threatening, harassing, abusive or invade another’s privacy;
5.2.5.    will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
5.2.6.    will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).
5.3.    We have the absolute right to monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason.  However, we have no obligation to look for, edit or remove (except for removal of content pursuant to Section 15) any User Content for any reason including, without limitation, violation of these terms.
5.4.    Grant of Rights & Use.
5.4.1.    We do not claim ownership to your User Content.  However, by submitting User Content, simultaneous with the submission, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
5.4.2.    By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical location (e.g., “Jill M. – Clifton, N.J.”), in connection with the use or publication of your User Content consistent with the license granted in the previous paragraph. 

6.    RELIANCE ON RBNY CONTENT AND USER CONTENT

6.1.    Information available through our Website or Service is for educational, entertainment and promotional purposes only.  While we make efforts to ensure that information provided by us is accurate, we do not verify User Content or all RBNY Content.  For this and other reasons, such information may have errors, inaccuracies and omissions.
6.2.    If there is a dispute between you and anyone accessing our Website or Service, or you and any third party in connection with our Website or Service, you understand and agree that we are under no obligation to become involved.  In such instances, you hereby release RBNY and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute. 

7.    THIRD-PARTY WEBSITES

Our Website and Service may include links to websites owned and operated by certain third parties.  We are not responsible for the availability of, or the content located on or through, any third-party site.  You use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing any third-party site, that site’s terms and policies apply, not our Terms of Use or Privacy Policy.  Always review the terms and policies of third-party websites before using, relying upon or transacting business via websites.

8.    LIMITS ON OUR LIABILITY
8.1.    UNDER NO CIRCUMSTANCES SHALL RBNY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICE OR THESE TERMS OF USE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE OR SERVICE INCLUDING, WITHOUT LIMITATION, RBNY CONTENT IS TO STOP USING OUR SITE AND SERVICE. 
8.2.    REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED $100.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.
8.3.    In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.

9.    DISCLAIMER OF WARRANTIES

9.1.    TO THE FULL EXTENT PERMITTED BY LAW, RBNY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES ARE PROVIDED BY RBNY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSUS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICE IS AT YOUR OWN RISK. RBNY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.
9.2.    Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

10.    INDEMNIFICATION

You agree to indemnify and hold harmless RBNY and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:  (i) your access to or use of our Website or Service; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

11.    MANDATORY ARBITRATION

11.1.    The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
11.2.    We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
11.3.    We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction
11.4.    Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to Section 13 below, we each agree that any arbitration will be solely between you and RBNY, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction in Section 13 is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.

12.    GOVERNING LAW AND FORUM

These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules.  Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in New York County, New York. Each of us agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

13.    NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

14.     NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

15.    COPYRIGHT INFRINGEMENT

In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may infringe the copyright of others.
Consistent with the Digital Millennium Copyright Act (“DMCA”), RBNY will respond to a notice of alleged copyright infringement regarding any information available on our Website or through our Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing RBNY that copyrighted material may have been infringed will not receive a response through this process.
Pursuant to the DMCA, your infringement notification must include the following information:
•    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•    A description of the copyrighted work that you claim has been infringed upon;
•    A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable;
•    Your address, telephone number and e-mail address;
•    A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
•    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    Please send your notice of copyright infringement to RBNY’s designated Copyright Agent as follows:
    Red Bull New York, Inc.
    c/o Red Bull North America, Inc.
    Attn: General Counsel
    1740 Stewart Street
    Santa Monica, CA 90405
    Phone: (310) 393-4647
    Fax: (310) 230-2361
    legal@us.redbull.com

16.    AMENDMENT; ADDITIONAL TERMS

16.1.    In certain instances it may be necessary to update or modify our Terms of Use to reflect changes to our business, practices or policies.  We also may, in some instances, need to provide you with operating rules or additional terms that govern your use of parts of our Website or any Service (“Additional Terms”). An example of Additional Terms is our Ticket Purchase Policy.  Accordingly, you agree that we may at any time provide you with Additional Terms, or update or modify these Terms of Use, as appropriate or necessary.  To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
16.2.    Modifications to these Terms of Use or any Additional Terms will be effective upon: (a) notice, either by posting on our Website or by email notification; and (b) your subsequent use of our Website or Service.  It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms.  Your access and continued use of our Website or Service following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same.  If you object to any revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Website and Service and, if applicable, terminate your account.

17.    OTHER TERMS

17.1.    No waiver by either of us of any breach or default under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Use are for convenience only and shall not be given any legal import.
17.2.    If any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.  So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force. 
17.3.    You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.
17.4.    Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.
17.5.    These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement, and supersede all previous written or oral agreements, between you and RBNY in connection with the Website and Service, and supersede all previous written or oral agreements between you and RBNY.
 
Copyright © 2013 Red Bull New York, All Rights Reserved.
Red Bulls Academy, 600 Cape May Street, Harrison, NJ, 07029