TERMS OF USE

By using the NFLRUSH website (including NFLRZ) YOU AGREE TO BE BOUND BY THESE TERMS OF USE. In addition, when using particular areas, features and/or functions of the NFLRUSH website, you shall be subject to any posted guidelines or rules applicable to such areas, features and/or functions. The Privacy Policy, all guidelines or rules posted on the NFLRUSH website and all disclaimers and terms and conditions that appear elsewhere throughout the NFLRUSH website are hereby incorporated by reference into these Terms of Use.

 

The NFLRUSH website reserves the right to change the terms, conditions, and notices under which the NFLRUSH website, including but not limited to any and all related products and/or services are offered. You are responsible for regularly reviewing this Terms of Use and any additional terms and conditions posted to the Terms of Use and the Privacy Policy. Your continued use of NFLRUSH website, including but not limited to any and all related products and/or services constitutes your agreement to all such terms, conditions, and notices.

 

These Terms of Use contain the following provisions:

Children's Online Privacy and Protection Act Compliance

The Children's Online Privacy and Protection Act of 1998 requires websites that store data from users under thirteen years old to inform parents about data storage policies and obtain parental permissions. Once given, parents may revoke those permissions at any time informing us of their decision. We strictly adhere to these requirements and will make every effort to meet and exceed the requirements mandated by law.

You should refer to and read the entire Privacy Policy for details regarding and the rules and regulations governing the use of the NFLRUSH website, including but not limited to any and all related products and/or services provided thereof.

License and Access

License
The NFLRUSH website grants you a limited license to access and make personal use of the NFLRUSH website and not to download (other than page caching) or modify the NFLRUSH website or any portion of the NFLRUSH website, except with express written consent of the NFLRUSH website, its representatives and/or subsidiaries. This license does not include any resale or commercial use of the NFLRUSH website or the contents of the NFLRUSH website; any collection and use of any services, products or descriptions; any derivative use of the NFLRUSH website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by the NFL and/or the NFLRUSH website; or any use of data mining, robots, or similar data gathering and extraction services. The NFLRUSH website, its representatives and/or subsidiaries, and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the NFL, NFLRUSH website, its representatives and/or subsidiaries.

Restrictions
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the NFL, NFLRUSH website, its representatives, subsidiaries, and/or its affiliates without express written consent of the NFLRUSH website, its representatives, subsidiaries and/or affiliates and the producers of the NFLRUSH website (Brandissimo! Inc.), collectively referred to in this Terms of Use as "we," "us" and "our.". You may not use any META tags or any other "hidden text" utilizing names or trademarks without our express written. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the NFLRUSH website, so long as such link does not portray the NFL, NFLRUSH website, its representatives, subsidiaries and/or affiliates, or its products and/or services in a false, misleading, derogatory, or otherwise offensive matter and is revocable at will under any circumstance or condition by us. You may not use any NFL or NFLRUSH website logos or other proprietary graphic or trademark as part of the link without express written permission of the NFL, NFLRUSH website, its representatives, subsidiaries and/or affiliates.

Offenses that are subject to a banning decision include, but are not limited to, the above list of activities. Users that are banned will be permanently banned from posting. There will be no warnings for first time offenses, and there is no appeal process once banned.

Your forum posts can be deleted and you may be banned from the NFLRUSH website without prior warning or explanation, at the sole discretion of the NFL, the NFLRUSH website, its representative, subsidiaries and/or affiliates.

Furthermore, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and/or the Privacy Policy and will not cause injury to any person or entity; and that you indemnify us for all claims resulting from content you supply. Although we have the right to monitor and edit or remove any activity or content, we are not obligated to do so. We do not take any responsibility or assume any liability for any content posted by you or any authorized or unauthorized third party.

Your Account

You are solely responsible for maintaining the secrecy of your username, passwords, and account information. You will be financially accountable for all uses of the NFLRUSH website by you and anyone using your username and password. You may only use the purchase functions and areas of the NFLRUSH website to make legitimate purchases of products and/or services. You acknowledge that we may establish general practices and limits concerning your use of the NFLRUSH website, including without limitation the maximum number of times (and the maximum duration for which) you may access the NFLRUSH website in a given period of time. You acknowledge that we reserve the right to terminate your account(s) that are inactive for six (6) months or longer. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice, and without any liability to us. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of the NFLRUSH website or take any action that imposes an unreasonable load on the computer equipment that support the NFLRUSH website. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell, offer for sale, or exploit any information, software, products, or services obtained from us.

Termination

You agree that at our sole discretion, we may terminate your password, account (or any part thereof) or use of the NFLRUSH website for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the NFLRUSH website under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the NFLRUSH website.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside.

Privacy

Your use of the NFLRUSH website is subject to the Privacy Policy. You acknowledge that you have read the entire Privacy Policy and that it is reasonable and acceptable to you. Your acceptance of these Terms of Use is also your consent to the information practices in the Privacy Policy. In the event there exists any inconsistency between these Terms of Use and the Privacy Policy regarding the use of information, the terms and conditions of the Privacy Policy shall take precedence.

Forums and Public Communication

Forum means a chat area, message board or user-generated content area offered as part of the NFLRUSH website. If you participate in any Forum within NFLRUSH, you must not:

  • defame, abuse, harass or threaten others;
  • make any bigoted, hateful or racially offensive statements;
  • advocate illegal activity or discuss illegal activities with the intent to commit them;
  • post or distribute any material that infringes and/or violates any right of a third party or any law;
  • post or distribute any vulgar, obscene, discourteous or indecent language or images;
  • advertise or sell to, or solicit others;
  • use the Forum for commercial purposes of any kind;
  • post links to any web page outside of the NFLRUSH website
  • post or distribute any software or other materials which contain a virus or other harmful component; or
  • post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

We reserve the right to monitor all Forum communications and to remove or edit content from any Forum at any time and for any reason.

When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While NFLRUSH strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Ownership

All content on the NFLRUSH website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the NFL, the NFLRUSH website, its representatives, subsidiaries or its content suppliers and are protected by U.S. and/or international copyright laws. The compilation of all content on the NFLRUSH website is the exclusive property of the NFL, NFLRUSH website, its representatives and/or subsidiaries and protected by U.S. and/or international copyright laws. All software used on the NFLRUSH website is our property and protected by U.S. and/or international copyright laws.

Except as expressly provided in "License and Site Access" above, your use of and access to the NFLRUSH website does not grant you any license or right to use any NFL or NFLRUSH website trademarks, trade names or copyrights.

If you post content using any of Forum, or otherwise submit material to the NFLRUSH website unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any form, medium, or technology now known or later developed. You grant us the right to use the name that you submit in connection with such content, if we choose. In addition, you warrant that all so-called moral rights in those materials have been waived.

Dealing with Third Parties

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the NFLRUSH website including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or third parties on the NFLRUSH website.

Links

We may provide, or third parties may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such site or resource.

Indemnification

You agree to indemnify and hold the NFL, the NFLRUSH website Brandissimo! Inc., their representatives, subsidiaries, affiliates, officers, agents, co-branders or other partners, and/or employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the NFLRUSH website, your violation of these Terms of Use, your violation of the Privacy Policy or your violation of any rights of another person or entity.

Warranty Disclaimer

YOUR USE OF THE NFLRUSH WEBSITE IS AT YOUR SOLE RISK. THE NFLRUSH WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE NFL, THE NFLRUSH WEBSITE, BRANDISSIMO! INC., THEIR REPRESENTATIVES AND/OR SUBSIDIARIES DO NOT WARRANT THAT THE NFLRUSH WEBSITE AND/OR ITS SERVERS, OR E- MAIL SENT FROM THE NFL, THE NFLRUSH WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIARIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NFL, THE NFLRUSH WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIARIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE NFL, THE NFLRUSH WEBSITE, BRANDISSIMO! INC. AND/OR THEIR REPRESENTATIVES AND/OR SUBSIDIARIES MAKE NO WARRANTY THAT (i) THE NFLRUSH WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE NFLRUSH WEBSITE OR THE SERVERS THAT MAKE THE NFLRUSH WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NFLRUSH WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NFLRUSH WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE NFLRUSH WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NFLRUSH WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE NFL, THE NFLRUSH WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIARIES OR THROUGH OR FROM THE NFLRUSH WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIAIRES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NFL, THE NFLRUSH WEBSITE, BRANDISSIMO! INC., THEIR REPRESENTATIVES AND/OR SUBSIDIARIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NFL, THE NFLRUSH WEBSITE, BRANDISSIMO! INC., THEIR REPRESENTATIVES AND/OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE NFLRUSH WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NFLRUSH WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NFLRUSH WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE NFL, THE NFLRUSH WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIARIES.

IF DESPITE THE LIMITATION ABOVE, THE NFL, THE NFLRUSH WEBSITE, ITS REPRESENTATIVES AND/OR SUBSIDIARIES, AND/OR A THIRD PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN THE LIABILITY OF THE NFL, THE NFLRUSH WEBSITE, BRANDISSIMO! INC., THEIR REPRESENTATIVES AND/OR SUBSIDIARIES, OFFICERS, AGENTS AND/OR EMPLOYEES WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Notice

We may provide notices of changes to these Terms of Use or other matters by posting conspicuous notices or links to notices to you generally on our site. Your continued use of the NFLRUSH website following the posting of conspicuous notice of any change or modification to these Terms of Use will be subject the Terms of Use in effect at the time of your use. You agree to review the Terms of Use periodically. Your continued use of the NFLRUSH website following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms of Use.

Violations

Please report any violations of the Terms of Use to NFLRUSHSafety@NFL.com.

Copyright Agent

If you believe that any of your work has been copied and is accessible on the NFLRUSH website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. identification of the copyrighted work claimed to have been infringed;
  2. identification of the allegedly infringing material on the NFLRush website that is requested to be removed;
  3. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
  4. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;
  5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
  6. an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
  7. Our Copyright Agent for notice of claims of copyright infringement on the NFLRUSH Website is Paul Jackson, National Football League who can be reached as follows:
  8. Paul Jackson
    Paul.Jackson@nfl.net
    Digital Rights Coordinator
    National Football League
    345 Park Ave
    New York, NY 10154
  9. We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

General

These Terms of Use constitute the entire agreement between you and the NFLRUSH website and govern your use of the NFLRUSH website, superseding any prior agreements between you and us. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of the NFLRUSH website do not create a joint venture, partnership, employment or agency relationship between you and the NFL, the NFLRUSH website, its representatives and/or subsidiaries. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, New York. The failure of the NFL, the NFLRUSH website, its representatives and/or subsidiaries to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NFLRUSH website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.