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USA Football, Inc. (“USA Football”) adopts and incorporates the following Master Terms and Conditions (“Terms and Conditions”) for use, where indicated, in agreements with third parties. Certain provisions may not apply to all agreements to which USA Football is a party, as noted. USA Football contracts with independent third parties for some services referenced in these Terms and Conditions. Those third parties may have their own terms and conditions that You are required to agree to.
1. Definitions.
In addition to definitions located elsewhere in these Master Terms and Conditions, the following definitions shall apply:
“You,” “Your,” and “Yours” refer to the person or entity entering into the applicable agreement with USA Football.
“Our,” “Ours,” and “We” refer to USA Football.
“Your Agreement” means the document in which these Master Terms and Conditions are internally referenced and incorporated to make a single document.
2. Background Check
If Your Agreement with USA Football requires you to submit to a background check, then You shall complete the applicable background check, which is provided by a third party. To proceed with the purpose of Your Agreement, you must pass the background check and maintain the background screen clearance throughout the term of Your Agreement.
3. Use of Name, Image, and Likeness
If Your Agreement contains a Name, Image, and Likeness (“NIL”) provision, You grant USA Football the right, but do not otherwise impose the obligation, to photograph, videotape and/or otherwise record or memorialize aspects of your NIL, which shall include, but not necessarily be limited to, Your name, face, likeness, signature, photograph, image, gestures, mannerisms, voice, biographical information and distinctive appearance in any media by USA Football’s official photographer(s), film crew(s), and video crew(s), and by any other person or entity authorized by USA Football under the conditions specified by USA Football (“Footage”). You grant to USA Football an irrevocable perpetual, fully paid-up, worldwide right and license to use, and to authorize third parties to use, Your Name, Image, and Likeness in noncommercial programming, products and educational offerings, exhibitions, publicity, advertising and promotional materials, free of charge and without reservation or limitation. In no event may USAFB use or authorize the commercial use of Footage or Your NIL in any manner (including any manner that would imply Your endorsement of any company, product, or service), without Your express written permission.
4. Use of USA Football’s Intellectual Property
“Intellectual Property” or “IP” means all inventions (whether patentable or not), formulations, processes, know-how, trade secrets, trademarks, copyrightable works of authorship, so-called “moral” rights and rights of attribution and/or integrity, and any other industrial or intangible property rights of a similar nature, whether protected under U.S. and/or foreign laws, whether such property is registered or not, or the subject of a pending application to register or not, and all associated rights of priority, goodwill, and other adjacent rights.
USA Football Trademarks USA
Football trademarks, logos, label designs, artwork, and other symbols associated with USA Football are identified here (“USA Football Trademarks”). USA Football Trademarks are and shall remain property of USA Football. Your Agreement may include a license grant to use the USA Football Trademarks, and if so, this section applies. You are granted a non-exclusive, limited, fully paid up, royalty free, terminable, non-sublicensable and non-assignable license to use the USA Football Trademarks identified to you by USA Football under Your Agreement in the United States during the term of Your Agreement. Such use must be pursuant to USA Football’s Commercial and Brand Usage Guidelines. Your use of the USA Football Trademarks must be in the manner and format proscribed by USA Football. USA Football shall control the nature and quality of the goods and services offered under the USA Football Trademarks, and shall periodically review the quality of such goods and services provided in association with the licensed mark(s) to ensure that Our quality standards are being met. You acknowledge that We have established a great deal of goodwill through Our marketing, representation, activities, and resulting reputation, and the representation of Our USA Football Trademarks is mission-critical to Us. You shall not, and shall not permit another party to, commercially exploit any of the USA Football Trademarks in negative advertising, nor in any manner that is contrary to public morals or which has been found to be deceptive or misleading, or which reflects unfavorably on the good name, goodwill, reputation or image of USA Football, which includes, but is not necessarily limited to, association with the following products and services: alcohol, tobacco, cannabis, gambling, explicit material, or any other product or service that is not appropriate for youth. Your use of the USA Football Trademarks shall inure to Our benefit. If requested, you will assist us in obtaining information related to the filing or maintenance of applications or registrations protecting the USA Football Trademarks.
USA Football Copyright Protected Works of Authorship.
Your Agreement may include a license to use USA Football Copyright Protected Works of Authorship, and if so, this section applies. You are granted a nonexclusive, limited, fully paid up, royalty free, terminable, worldwide, nonsublicensable license to use, display, and reproduce, make derivative works, copy, and otherwise utilize or make available, during the term of Your Agreement, the USA Football Copyright Protected Works of Authorship identified to you by USA Football.
Applicable to All Licenses under this Section 4
You will not, at any time acquire any right, title, or interest in or to the USA Football IP by virtue of Your Agreement or these Terms and Conditions. You may not apply for, seek or obtain trademark, copyright or other registration of USA Football’s IP. You shall notify USA Football of any infringement of its IP of which You may become aware, You will assist Us in any action, legal or otherwise, necessary to protect Our rights, at Our expense.
5. Athlete Safety
If indicated in Your Agreement, including coaches seeking certification and National Team coaches, athletes, and staff who are 18 years and older, You shall complete the abuse prevention training provided by USA Football partners.
6. Privacy Policy
You consent to Our Privacy Policy.
7. Personal Data Collection
This section will apply if Your Biometric Data is being collected under Your Agreement. “Biometric Data” is information about Your physical or biological characteristics (some states call these “biometric identifiers”) that identify You. Information such as eye, hand, or face scans; fingerprints; and voiceprints may be considered biometric data if they are being used to identify a person. The definitions of Biometric Data vary under different states’ laws. For example, some states’ biometric laws do not apply to driver’s license photos. Photos are not biometric data, but biometric data can be made from processing the photo. USA Football may use Biometric Data to verify Your identity, protect Your personal information from unauthorized disclosure, and to prevent fraud. USA Football will not sell, lease, trade, or otherwise profit from Your Biometric Data. However, USA Football may share your Biometric Data with a third party pursuant to a separate agreement for social media content creation. When a valid legal request is made, USA Football may share Your Biometric Data with law enforcement. USA Football will maintain Your Biometric Data for up to one year following its collection. However, if USA Football determines that Your Biometric Data has been used by a third party to commit fraud on USA Football, it may keep Your Biometric Data and supporting information for longer, as the law allows. USA Football’s retention policy respecting Biometric Data is available for review upon request. USA Football will store, transmit, and protect Your Biometric Data using the same degree of reasonable care as for similar confidential and sensitive information. By signing Your Agreement, you consent to USA Football’s collection of Your Biometric Data by artificial intelligence or other means. You also release USA Football and its agents from any losses or liabilities related to USA Football’s collection and use of Your Biometric Data.
8. Medical Data Collection
If indicated in Your Agreement, You must complete and submit the Authorization to Disclose Medical Information and Protected Health Information (“PHI Authorization”). The purposes of the PHI Authorization are (1) to allow medical personnel to release certain medical information about You to Your coaches and to USA Football, and (2) to allow USA Football to release certain medical information about You to other non-medical entities or individuals. Generally, We only release protected health information to outside media sources for the purpose of providing general updates regarding injuries or other medical issues that occur during, or may impact, Your competition and/or training. We may also use Your health information in the following ways: (a) to arrange for the diagnosis and treatment of athlete injuries and other medical conditions occurring during or relating to any USA Football event or other sporting activity; (b) to enable coaches or USA Football to determine whether an athlete is fit and eligible to practice and participate in any USA Football sponsored or conducted practices, competitions, exhibitions, or events or other sporting activity; and (c) to conduct drug testing and to report testing results as required by USA Football or the United States Olympic & Paralympic Committee
9. Data Sharing Policy
You consent to USA Football’s use of personally identifiable information about You if it is: (i) required to complete a transaction or perform a service on Your behalf or that You have requested, (ii) required as part of the terms and conditions for a particular service, (iii) shared to facilitate programs and initiatives that are offered or supported by USA Football jointly with affiliates or partners to enhance USA Football’s ability to serve You, or (iv) shared to recognize that You participate with USA Football and are meeting its operational commitments.
USA Football will share Your information with other entities should You request USA Football to share such information. USA Football will also share Your information with other entities if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce Your Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to Your request for customer service; or (v) protect the rights, property or personal safety of USA Football, its users and the public.
USA Football may, from time to time, share information in the aggregate form with others. This information would not contain any personally identifiable information.
10. Membership Required
If Your agreement requires it, You are and shall remain an active member of USA Football under then-current procedures of membership throughout the term of Your Agreement. You must remain an active member of USA Football to be eligible to compete in national and international competitions for the United States. You shall comply with any applicable administrative deadlines established by USA Football for individual membership.
11. Travel Policy
If Your Agreement requires you to consent to USA Football’s travel policy, You shall meet all travel schedules set by USA Football, and understand that changes may only be made with approval from USA Football. You acknowledge that unless otherwise specified in Your Agreement, You will be financially responsible for airline, hotel, food, and other expenses for events that You attend. United States National Team Athletes also must: (a) have a valid, current passport at all times during the term of Your Agreement; and (b) maintain current passport style-photos for use by USA Football in applying for visas, if any.
12. Confidentiality
“USA Football Confidential Information” means trade secrets, financial information, business information, plans, or strategies, non-disclosed Intellectual Property, personal data, and any other information of a kind that a reasonable person would consider secret to the business, and which is valuable in part due to its secrecy.
During the term of Your Agreement and at all times thereafter, You shall not disclose to any third party or use for any purpose other than for the performance of Your Agreement and these Terms and Conditions any USA Football Confidential Information without Our express, written consent. These obligations shall not apply to USA Football Confidential Information that is: (a) is in the public domain, or which was publicly known or available on the effective date of Your Agreement; or (b) after the effective date of Your Agreement becomes available to the public in a manner not involving a breach of any duty under Your Agreement. You may make Our Party’s Confidential Information available to Your employees, agents, consultants and representatives only on a need-to-know basis and only to individuals with confidentiality obligations to You that are at least as restrictive as those in this section. Upon termination or expiration of Your Agreement or upon Our request, You shall return to Us all of Our Confidential Information within Your possession or control, including all copies, in any medium or format, and shall purge or return any electronic copies from any electronic storage device, and certify to Us in writing that You have done so. Unless otherwise indicated, the terms (but not the existence) of Your Agreement are USA Football Confidential Information.
13. Miscellaneous
14. No Warranties.
YOUR USE OF THE RESOURCES AND BENEFITS IDENTIFIED IN YOUR AGREEMENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE RESOURCES AND BENEFITS AND YOUR USE THEREOF. THE RESOURCES, BENEFITS, AND ANY RELATED SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE RESOURCES AND BENEFITS, THE USAFOOTBALL.COM SITE (THE “SITE”), OR OF ANY SITES LINKED TO THE SITE
15.Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) RESOURCES OR BENEFITS PROVIDED UNDER YOUR AGREEMENT, INCLUDING WITHOUT LIMITATION ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY IF PROHIBITED BY LAW.