Flag Star Football Terms of Use
Welcome to the Flag Star Football website (collectively the “Site”), which is owned and operated by Flag Star Football (“we,” “us,” or “our,”). Please read these Terms of Use carefully, as they describe the terms and conditions applicable to the Site. BY ACCESSING ANY AREA(S) OF THE SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS OF USE.
1. Your Acceptance of Flag Star Football Terms of Use and Privacy Policy
Your use of and/or visitation to any area of the Site signifies your agreement to (1) these Terms of Use and (2) Privacy Policy, which is incorporated herein by reference. If you do not agree to any of these Terms of Use or Flag Star Privacy Policy, please do not use the Site. By using the Site, you consent to all actions taken by Flag Star Football with respect to your information in compliance with the Privacy Policy.
In its sole discretion, Flag Star may modify or revise these Terms of Use or its Privacy Policy at any time without notice, and you agree to be bound by such modifications or revisions. If you violate any of these Terms of Use, your permission to access and use the Site and the contents of the Site, such as text, graphics, software, images, designs, icons, features and functionality, video, audio and other material contained on the Site (collectively, “Content”) automatically terminates (without notice to you) and you must immediately cease all access to and use of the Site and the Content.
Flag Star may withdraw, amend or discontinue the Site (or any portion thereof) and any Content (defined below) on the Site at any time without notice, in Flag Star’s sole discretion. Flag Star may not be liable for any reason if all or part of the Site is unavailable for any period. Temporary interruptions of the services available through the Site may occur as normal events.
In order to access the Site, you must have access to the Internet and related equipment or software, which is it your responsibility to obtain at your own expense. You acknowledge that you are solely responsible for upgrading and configuring your systems to be and remain compatible with the Site. Flag Star has no control over third-party networks you may access during your use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond Flag Star’s control.
2. Your Use of the Site – Permissions and Restrictions
A. Flag Star hereby grants you permission to access and use the Site and the Content for your personal and informational purposes only, under the following conditions: You agree to use the Site for lawful purposes only. The Content is protected by copyright under both United States and foreign laws and contains trademarks and other proprietary information. Title to the Content remains with Flag Star or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Flag Star. All rights not expressly granted herein are reserved to Flag Star and its licensors. You acknowledge that you do not acquire any ownership rights by accessing or using the Site or the Content. You may not modify, publish, transmit, display, reproduce, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
B. Flag Star name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of Flag Star. You agree not to use Flag Star’s name or trademark in any manner without the prior written permission of Flag Star. Any other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
C. You agree not to alter or modify any part of the Site.
D. Any special rules for the use of certain software and other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.
E. You agree not to share, reproduce, duplicate, copy, sell, trade, resell, exploit or use the Site (or any portion thereof) for any commercial use (other than the purchase of products and services offered for sale on the Site) without the prior written authorization of Site. You must not use the Site (directly or indirectly) for any unauthorized purpose or to transmit or procure the sending of any advertising or promotional material.
F. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on the Site. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, Trojan horses, worms, spyware, or other material that is malicious or technologically harmful, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site, violate any of the procedures, policies or regulations of networks connected to the Site, scan or test the vulnerability of the Site, attempt to circumvent any security measure with the Site, attempt to gain unauthorized access to, interfere with, damage, or disrupt the Site, attempt to interfere with the property working of the Site, or access the Site in order to build a competitive product or service or for benchmarking or other competitive purposes. Notwithstanding the foregoing, Flag Star grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not caches or archives of such materials. Flag Star reserves the right to revoke these exceptions either generally or in specific cases.
G. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site. Any conduct by you that in Site discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
H. In your use of the Site, you will at all times comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Site any material which (in Flag Star’s sole discretion) is unlawful, threatening, harassing, racist, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, which otherwise violates any law, which could be detrimental to Flag Star, or which provides support or resources to any organization designated by any government as a foreign terrorist organization.
I. You agree not to upload, post or otherwise make available on the Site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
J. You also agree not to impersonate any other person, engage in any conduct that restricts or inhibits another user’s use or enjoyment of the Site, or conduct yourself in a vulgar or offensive manner while using the Site. You agree that Flag Star may reject any User Submissions (defined below) for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at Flag Star’s sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity
rights.
K. You agree that Flag Star shall have the right, but not the obligation, to monitor the content of
the Site and to remove any material that Flag Star, in its sole discretion, finds to be in violation
of the provisions herein or otherwise objectionable.
You agree to comply with all applicable laws regarding the transmission of data exported from the
United States or the country in which you reside.
3. Account Registration
In order to participate in certain areas of the Site, you may need to register for an account, including,
but not limited to, creating a username and password. Your account is personal to you and you are
solely responsible for any and all acts or omissions that occur through the use of your account, whether
or not permitted or authorized by you. You agree to: (i) create only one account; (ii) provide truthful,
accurate, current and complete information when creating your account; (iii) maintain the security of
your account by restricting access to your account and not sharing your username or password with
others; (iv) maintain and promptly update your account information if necessary; (v) notify Flag Star
immediately upon learning of any unauthorized access to or use of your account, your username or
password or any other security breaches relating to the Site; (vi) take responsibility for and accept all
risk relating to any and all activities and transactions that occur under or in connection with your
account; and (vii) ensure that you exit from your account at the end of each session. Additionally, you
may not use your account to gain or attempt to gain unauthorized access to any portion of the Site,
including, but not limited to, accessing another user’s account. You should use caution when accessing
your account from a public or shared computer so that others are not able to view or record your
password or other personal information.
Flag Star’s reserves the right to terminate account sessions that are inactive for an extended period of
time. If you provide any information that is not current, untrue, inaccurate or incomplete, or fail to
update any information on a timely basis, or if Flag Star has reason to believe that information you
provided is not current, untrue, inaccurate, or incomplete, Flag Star may suspend or terminate any or all
of your accounts and refuse you any and all current or future use of the Site (or any portion thereof).
Flag Star also retains the right, in its sole discretion, to suspend, deactivate, or terminate any or all of
your accounts, as reasonably necessary to investigate or stop illegal, fraudulent, or suspicious activities.
The Flag Star Parties (defined below) will not be liable for any loss or damage arising from use or misuse
of your account due to the activities of third parties or resulting from your failure to maintain the
security and confidentiality of your account, username and password. The Flag Star Parties shall also
not be liable to you or any third party for any termination of your account or access to the Site.
4. Right to Terminate
Flag Star reserves the right to disable, terminate or restrict your use of the Site at any time, without
notice, for any or no reason whatsoever. Flag Star reserves the right to determine, in Flag Star’s sole
discretion, whether a User Submission is appropriate and complies with these Terms of Use. Flag Star
may remove such User Submissions and/or terminate a user’s access for uploading such material in
violation of these Terms of Use at any time, without prior notice and at Flag Star’s sole discretion. Any
rights you have in accessing the Site shall terminate upon the deactivation or termination of your
account or the termination of these Terms of Use with you.
5. Disclaimer of Opinion
Any opinions, advice, statements, or other information that constitutes part of the content expressed or
made available by you or third parties on the Site are those of the respective authors or producers and
not of the Flag Star Parties. Under no circumstances shall any Flag Star Party be held liable for any loss or
damage caused by your reliance on information, materials or Content obtained on or through the Site
(“Site Information”). It is your responsibility to evaluate the information, opinion, advice, or other
content available through the Site.
6. Disclaimer of Warranty
THE SITE, THE CONTENT, THE SITE INFORMATION AND ANY PRODUCTS OR SERVICES DISCUSSED,
PROMOTED OR SOLD VIA THE SITE ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. THE USE
OF THE SITE, THE CONTENT, THE SITE INFORMATION AND ANY PRODUCT OR SERVICE DISCUSSED,
PROMOTED OR SOLD VIA THE SITE IS AT YOUR OWN RISK.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, FLAG STAR, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE
SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS
(COLLECTIVELY, THE “FLAG STAR PARTIES”) DISCLAIM ALL REPRESENTATATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. NONE OF THE FLAG
STAR PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE
WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO
THE ACCURACY, COMPLETENESS, SECURITY, QUALITY OR RELIABILITY OF ANY INFORMATION, PRODUCTS
OR SERVICES PROVIDED OR ADVERTISED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE FLAG STAR PARTIES ASSUME ANY
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR
OTHER SITE INFORMATION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR OTHER SITE INFORMATION OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR
OTHER SITE INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. FLAG STAR DOES NOT REPRESENT, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
CONTENT, OTHER SITE INFORMATION OR PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED,
OR SOLD THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
7. Liability of Flag Star
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, ANY OTHER WEB SITE INFORMATION FOUND
THEREON, OR WITH ANY PART OF THESE TERMS OF USE OR THE PRIVACY POLICY, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. FLAG STAR ASSUMES NO LIABILITY FOR OR
RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER
INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE.
IN NO EVENT SHALL THE FLAG STAR PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY,
CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL,
PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE,
UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED
ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE
PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES
CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS OR
CONTENT OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE;
(VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM
CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR
USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE
ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY CONTENT,
OTHER SITE INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. THESE
LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FLAG STAR PARTIES HAVE
BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH
DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY
ACKNOWLEDGE THAT THE FLAG STAR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU. THE SITE IS CONTROLLED AND OFFERED BY FLAG STAR FROM
ITS OFFICES IN THE UNITED STATES OF AMERICA, AND FLAG STAR MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS
OR USE THE SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE
FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE FIRST TWO PARAGRAPHS OF THIS SECTION 7, ANY FLAG STAR PARTY IS
FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THE
SITE (OTHER THAN WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE),
YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50.00). IF,
NOTWITHSTANDING THE FIRST TWO PARAGRAPHS OF THIS SECTION 7, ANY FLAG STAR PARTY IS FOUND
LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO ANY SERVICE(S) OR
PRODUCT(S) (WHETHER TANGIBLE OR INTANGIBLE) ADVERTISED, PROMOTED OR SOLD THROUGH THIS
SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED THE AMOUNT YOU
HAVE PAID FLAG STAR THROUGH YOUR USE OF THE SITE.
SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY
NOTWITHSTANDING THE SELECTION OF DISTRICT OF COLUMBIA LAW AS DESCRIBED BELOW, DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING
EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW,
ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES OR BE FOREVER
BARRED. REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE
EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
8. Indemnification
You agree to defend, indemnify and hold harmless the Flag Star Parties from and against any and all
claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including
reasonable attorneys’ fees and disbursements) arising out of or relating to: (i) your use of the Site
and/or any Content, Site Information, services or products advertised or provided via the Site; (ii) your
violation of these Terms of Use or any other agreement with Flag Star; (iii) your negligence or willful
misconduct; (iv) your violation of any third party right, including, but not limited to, any copyright,
property or privacy right; or (v) any claim that any of your User Submissions caused damage to a third
party. The Flag Star Parties reserve the right to assume the exclusive defense and control of any matter
subject to indemnification by you, in which event you will cooperate with us in asserting any available
defenses.
9. Third Party Advertisements; Links to Other Web Sites
Flag Star may display advertisements from third parties on the Site. Your dealings or correspondence
with such third parties, and any terms, conditions, warranties, or representations associated with such
dealings, are solely between you and such third party. Flag Star is not liable for any damages or losses of
any sort incurred as a result of such dealings or as a resulting of such third-party advertisements or
information on the Site. Flag Star has the right, but not the obligation, to remove any material from the
Site for any reason or no reason at all, in its sole discretion.
Some of the hyperlinks on the Site may lead to other web sites that are not controlled by, or affiliated
with, Flag Star. In addition, other web sites may link to the Site. Unless expressly stated, Flag Star has not
reviewed or endorsed these web sites, has no control over those web sites, is not responsible for the
availability of external sites or resources linked to the Site or for the content or privacy policies, or
practices of any third-party web sites. In addition, Flag Star will not and cannot censor or edit the
content of any third-party web site. By using the Site, you expressly relieve the Flag Star Parties from any
and all liability arising from your use of any third-party web site that you visit through or via the Site -
any access by you to third-party web sites from the Site shall be entirely at your own risk. Transactions
that occur between you and such third party sites are strictly between you and the third party and are
not the responsibility of Flag Star. Accordingly, Flag Star encourages you to be aware when you leave the
Site to read the terms and conditions and privacy policy of each other web site that you visit.
10. User Submissions and Contributions
Any personal information you provide to Flag Star is subject to our Privacy Policy. Beyond that
information, any email or other communications or content you send to any part of the Site is non-
confidential for all purposes. “User Submissions” include all forms of information or material uploaded
or communicated in any manner by users of the Site. If you make any such submission, you
automatically grant, or warrant that the owner of such content has expressly granted, Flag Star a
royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicensable and transferable right and
license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media or medium, or any form, format or
forum now known or hereafter developed. Flag Star may sublicense its rights through multiple tiers of
sublicenses. You also hereby grant each user of the Site a non-exclusive license to access your User
Submissions through the Site, and to use, reproduce, distribute, display and perform such User
Submissions as permitted through the functionality of the Site and under these Terms of Use. Flag Star
may choose to retain, but not display, distribute, or perform, server copies of User Submissions that
have been removed or deleted.
You shall be solely responsible for your own User Submissions and the consequences of posting or
publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own
or have the necessary licenses, rights, consents, and permissions to use and authorize Flag Star to use all
patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the
Site and these Terms of Use.
Flag Star does not endorse any User Submission, or any opinion, recommendation, or advice expressed
therein, and Flag Star expressly disclaims any and all liability in connection with User Submissions. Flag
Star does not permit copyright infringing activities and infringement of intellectual property rights on its
Site, and Flag Star may remove any User Submission if notified that such User Submission infringes on
another’s intellectual property rights.
You agree that Flag Star, should it accept a User Submission, may include that User Submission in the
Site for as long or as short a period of time as Flag Star, in its sole discretion, chooses.
You also agree that Flag Star may, in Flag Star’s sole discretion, reject, remove, or edit User Submissions
(or any portion thereof), for any reason or for no reason, at any time and without notice. Flag Star may,
but is not obligated to, review the content of User Submissions. User Submissions should not be
submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening,
defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or
personal attacks; or misleading information regarding the origin of the content.
Flag Star may use any comments, information, ideas, concepts, reviews, or techniques or any other
material contained in any User Submission or other communication you may send to Flag Star without
compensation to you or attribution and for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products or services and creating, modifying or improving the
Site or other web sites. Should you send any unsolicited materials or ideas, you do so with the
understanding that no consideration of any sort will be provided to you, and you are waiving any claim
against the Flag Star Parties regarding the use of such materials and ideas, even if material or an idea is
used that is substantially similar to the idea you sent.
11. Disputes
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR
RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL
ARBITRATOR INSTEAD OF BY A JUDGE OR JURY. ANY ARBITRATION UNDER THESE TERMS OF USE WILL
TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT
ALLOWED.
Each party waives its right to a jury trial in any court action arising between the parties under these
Terms of Use or otherwise related to these Terms of Use, whether made by claim, counterclaim, third-
party claim, or otherwise.
Subject to this Section 11, all disputes between you and the Flag Star Parties must be resolved by final
and binding arbitration. This agreement to arbitrate is intended to be given the broadest meaning under
law and includes, but is not limited to, (i) disputes and claims arising out of or relating to any aspect of
the relationship between you and the Flag Star Parties, whether based in statute, fraud, tort, contract,
misrepresentation, or any other legal theory, (ii) disputes and claims that arose before this or any prior
agreement, and (iii) disputes and claims concerning the scope of this arbitration provision. The
arbitration will be conducted by one arbitrator using the procedures described in this Section 11. The
arbitration of any dispute shall be administered by the American Arbitration Association (“AAA”) and
shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary
Procedures for Consumer-Related Disputes, as modified by this these Terms of Use, which are in effect
on the date a dispute is submitted to the AAA. To the extent that such procedures differ from these
Terms of Use, these Terms of Use shall govern to the fullest extent permitted by law. You have the right
to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the
arbitrator shall be bound by and strictly enforce the terms of these Terms of Use and may not limit,
expand, or otherwise modify their terms.
Before you take a dispute to arbitration, you must first write to Flag Star at:
Flag Star Football
2636 Moreland Place NW
Washington, DC 20015
and give Flag Star an opportunity to resolve the dispute. Similarly, before Flag Star takes a dispute to
arbitration, Flag Star must first attempt to resolve it by contacting you. If the dispute cannot be
satisfactorily resolved within thirty (30) days from the date you or Flag Star is notified by the other of a
dispute, then either party may contact the AAA in writing and request arbitration of the dispute.
Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available
at www.adr.org. The arbitration will be based only on written submissions of the parties and the
documents submitted to the AAA relating to the dispute, unless either party requests that the
arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges
may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA
selects in Los Angeles, California. Arbitrations under these Terms of Use shall be confidential as
permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the
arbitration of confidentiality obligations. Judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. The arbitrator's fees shall be deposited equally by the
parties, but may be awarded by the arbitrator as provided in the AAA rules.
Nothing in this Section 11 or otherwise shall preclude the Flag Star Parties from seeking any injunctive
relief in any court of competent jurisdiction for protection of the Flag Star Parties’ intellectual property
rights or other proprietary rights. You acknowledge and agree that the Flag Star Parties’ remedies at law
for a breach or threatened breach by you of any of the provisions of these Terms of Use would be
inadequate and therefore agree that in the event of a breach or threatened breach, in addition to any
remedies at law, the Flag Star Parties shall, without posting any bond or other security, be entitled to
obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary
or permanent injunction, or any other equitable remedy which may then be available.
All rights and remedies of Flag Star upon your breach or other default under these Terms of Use will be
deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or
by law or equity on Flag Star, and the exercise of any one remedy will not preclude the exercise of any
other.
These Terms of Use are governed by the internal substantive laws of the District of Columbia, without
reference to its conflict of the laws principles. No waiver of any of these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or any other term or condition.
12. Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated (collectively, “Modified Terms”) by
Flag Star at any time in its sole discretion. Such Modified Terms shall be effective immediately upon the
posting thereof on the Site. Any use of the Site by you after such posting shall be deemed to constitute
acceptance of such Modified Terms. It is your obligation to check this page often for Modified Terms.
13. Entire Agreement
These Terms of Use, as modified from time to time by Flag Star, and including Flag Star’s Privacy Policy
incorporated herein by reference, set forth the entire understanding and agreement of the parties
relating to the subject matter hereof, and supersede any prior or contemporaneous understandings of
any kind or nature. By agreeing to these terms, you represent that you are not relying on any
agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set
forth herein.
14. Severability
If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Use to
be invalid, unlawful, or unenforceable as drafted, the parties intend that such provision be amended and
construed in a manner designed to effectuate the purposes of the provision to the fullest extent
permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the
remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted
by law. Each party acknowledges and agrees that any interpretation of these Terms of Use will not be
construed against a party by virtue of its having drafted the provisions hereunder.
15. Digital Millennium Copyright Act
It is Flag Star’s policy to respect the intellectual property rights of others. If you are a copyright owner or
an agent thereof and believe that any User Submission or other communication or material infringes
upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act
(“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §
512(c)(3) for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by a single notification, a representative list of such
works;
· Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit Flag Star to locate the material;
· Information reasonably sufficient to permit Flag Star to contact you, such as an address,
telephone number, and, if available, an electronic mail address;
· 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
· A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Flag Star’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright
Officer, 2636 Moreland Pl NW, Washington, DC 20015. For clarity, only DMCA notices should go to the
Copyright Agent; any other feedback, comments, requests for technical support, and other
communications should be directed to Flag Star’s customer service. You acknowledge that if you fail to
comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Site or disabled after
Flag Star received a copyright infringement notice, and you have a good faith belief that the material
was removed or disabled as a result of mistake or misidentification of the material, you may ask that the
material be restored by sending Flag Star a counter-notification. Section 512(g) of the Copyright Act
requires that your counter-notification include all of the following:
· Your physical or electronic signature;
· Identification of the content that has been removed or to which access has been disabled and
the location at which the content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentification of the content; and
· Your name, address, telephone number, and e-mail address, a statement that you consent to
the jurisdiction of the federal courts in the District of Columbia, and a statement that you will
accept service of process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Copyright Agent, Flag Star may send a copy of the counter-notice
to the original complaining party informing that person that Flag Star may replace the removed content
or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order
against the content provider or user, and provides Flag Star with notice of same, the removed content
may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-
notice, at Flag Star’s sole discretion.
16. Intellectual Property Notice
All content on the Site is owned by Flag Star or its licensors, and is protected by U.S. and international
copyright, trademark and similar intellectual property laws. All rights in and to such content is reserved.
Reproduction of any content, in whole or in part, without permission is prohibited.
17. Ability to Accept Terms
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and
comply with these Terms of Use.
18. General
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is
intended or created between you and Flag Star by your use of the Site. Any provision of these Terms of
Use which by its nature would survive the termination or expiration of these Terms of Use, including
without limitation Sections 6, 7, 8, 9, 11, 13, 14, 16, 17 and this Section 18 shall do so. These Terms of
Use, and any rights and licenses granted hereunder, may not be transferred, licensed, or assigned by
you, but may be assigned or transferred by Flag Star without restriction. The section headings used
herein are for convenience only and shall not be given any legal import. These Terms of Use are for the
benefit of Flag Star, the other Flag Star Parties, and their third-party content providers and licensors, and
each shall have the right to assert and enforce these Terms of Use directly or on its own behalf. Nothing
in these Terms of Use shall be deemed to confer any third-party rights or benefits.
In addition to any limitations provided by applicable law, Flag Star shall be excused from liability for non-
delivery or delay arising from any event beyond its reasonable control, whether or not foreseeable by
either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, pandemic, and other causes or events
beyond its reasonable control, whether or not similar to those which are enumerated above.
19. Additional Rights
Additional rights and obligations are set forth in our COVID Waiver; Liability Waiver, and Media Release.
Flag Star Football Privacy Policy
Flag Star Football respects your privacy. This Privacy Policy describes the
processing of Personal Information (defined below) that is provided, collected, or shared on the sites,
social media pages, or other platforms that link to this Privacy Policy (collectively, the “Site”). It also
describes your choices about the collection, sharing, and use of you and your child’s Personal
Information.
1. Personal Information We Collect
“Personal Information” means information that uniquely identifies, relates to, describes, or is
reasonably capable of being associated with or linked to an individual.
The types of Personal Information we collect may include:
Contact Information – If you register your child for a flag football league, make a donation, or apply for
a scholarship on our Site, we may collect your contact information. This may include information such as
your name, address, demographic information, and phone number.
Financial Information – If you apply for a scholarship our Site, we will collect your financial information,
including your name and monthly income.
Usage Information – When you use our Site, our servers may automatically record information,
including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you
visited before coming to our Site), domain names associated with your internet service provider,
information on your interaction with the Site, and other such information.
2. How We Collect Your Personal Information
We May Collect Personal Information Directly From You – For example, if you register your child for a
league, make a donation, or apply for a scholarship.
We May Also Collect Personal Information From Third Parties – For example, we may work with
business partners, subcontractors, advertising networks, analytics providers, and search information
providers, who may provide us with Personal Information about you.
Through Online Tracking Technologies – We and our service providers may use cookies, device
identifiers, and similar technologies such as pixels, web beacons, and local storage to collect usage and
browser information about how you use the Site. We process the information collected through such
technologies, which may include or be combined with Personal Information, to help operate certain
features of the Site, to enhance your experience through personalization, and to help us better
understand the features of the Site that you and other users are most interested in.
Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device
may allow you to disable transmission of unique identifiers and location data. If you choose to reject
cookies or block device identifiers, some features of the Site may not be available, or some functionality
may be limited or unavailable. Please review the help pages of your browser or mobile device for
assistance with changing your settings.
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Some of our service providers or plug-ins may use cookies or other methods to gather information
regarding your use of the Site and may combine the information in these cookies with any Personal
Information about you that they may have. The use of such tracking information by a third party
depends on the Privacy Policy of that third party. We do not respond to Do Not Track (“DNT”) signals
sent to us by your browser at this time. To learn more about how DNT works, please visit
https://fpf.org/thank-you-for-visiting-allaboutdnt-com/.
3. How We Use Personal Information
To the extent permitted by applicable law, we may use Personal Information to:
operate the Site and provide support to our business functions;
fulfill customer requests, such as to create an account or complete registration for our flag
football leagues;
send you information about our company, services, and promotions;
respond to reviews, comments, or other feedback provided to us;
support and personalize the Site and our advertising efforts;
protect the security and integrity of the Site;
provide customer support;
improve the Site or our services,
for analytics purposes;
meet our contractual requirements;
market, advertise, and provide the Site and our services;
comply with applicable legal or regulatory requirements and our policies and protect against
criminal activity, claims and other liabilities; and
the extent necessary for any other lawful purpose for which the Personal Information is
collected.
4. Sharing of Personal Information
We may share your Personal Information in the following circumstances:
To Service Providers – When we hire a service provider to help operate the Site or our business, we may
give access to Personal Information as necessary to perform the service for Flag Star. This may include
service providers that operate our Site, send our communications, or run our promotions.
To Business Partners – We may share Personal Information with our trusted business partners. For
example, we may share your Personal Information with a company when we co-sponsor a program or
service. These partners and affiliates may use your Personal Information to, among other things, send
you information or contact you about their services and products.
To Third Parties for Marketing Purposes – We may share your Personal Information with third parties
for their marketing purposes. This may include third parties whose services we believe you may be
interested, or who are interested in providing you with services.
For Legal Obligation or Safety Reasons – When we have a good faith belief that access, use,
preservation or disclosure of Personal Information is reasonably necessary to (a) satisfy or comply with
any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or
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investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud,
security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights,
property, or safety of Flag Star, its users, or the public against harm.
In the Case of a Merger or Sale – If and when we are involved in a merger, acquisition, or any form of
transfer or sale of some or all of our business, whether as a going concern or as part of bankruptcy,
liquidation, or similar proceeding. Personal Information may be transferred along with the business.
5. How Long Do We Keep Your Personal Information
We will retain your Personal Information for as long as necessary to fulfill the purposes for which it has
been collected, as outlined in this Privacy Policy, or any longer retention period required by law.
6. How We Protect Your Personal Information
We use our commercially reasonable efforts to protect the confidentiality and security of Personal
Information we process. However, despite these efforts to store Personal Information in a secure
operating environment, we cannot guarantee the security of Personal Information during its
transmission or its storage on our systems. Further, while we attempt to ensure the integrity and
security of Personal Information, we cannot guarantee that our security measures will prevent third
parties such as hackers from illegally obtaining access to Personal Information.
7. Your Choices and Controls
To opt-out of marketing communications please email us at HQ@FLAGSTARFOOTBALL.COM or by
following the instructions included in the email correspondence.
Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you
with important transactional or administrative information, as permitted by law. Additionally, if you
choose not to provide certain Personal Information, we may be unable to provide some or all of our
services to you.
8.Children’s Privacy
We do not knowingly collect or solicit any Personal Information directly from children under the age of
16. In the event that we learn that we have collected Personal Information from a child, we will
promptly take steps to delete that information. If you are a parent or legal guardian and think your child
has given us their Personal Information directly, you can email us at HQ@FLAGSTARFOOTBALL.COM.
9. Links to third-party websites
We are not responsible for the practices employed by any websites or services linked to or from the Site,
including the information or content contained within them. We encourage you to investigate and ask
questions before disclosing Personal Information to third parties, since any Personal Information
disclosed will be subject to the applicable third party’s privacy policy.
10. Changes to this Privacy Policy
Please note that we may modify or update this Privacy Policy from time to time, so please review it
periodically. We may provide you with an updated Privacy Policy if material changes are made. Unless
otherwise indicated, any changes to this Privacy Policy will apply immediately upon posting to the Site.
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11. Contact Us
If you have any questions about our practices or this Privacy Policy, please contact us at
HQ@FLAGSTARFOOTBALL.COM