TERMS OF USE
Welcome to www.americanheart.org/NFLPlay60Challenge (the “Website”). These Terms of Use apply to
this Website, operated by the American Heart Association and the National
Football League, and their partners (collectively, “Us” “Our” “We” or the “Program.”),
and constitute a legal agreement between you and/or your child
(collectively, “You” or “Your”) and the Program.
I. GENERAL TERMS
A. Legal Contract.
These Terms of Use constitute a legal agreement between You and the Program
governing Your use of the Website. BY USING THIS SITE, YOU AGREE TO THESE
TERMS AND CONDITIONS AS WELL AS THE
(i) THE PROGRAM PRIVACY POLICY,
(ii) THE OFFICIAL RULES OF THE PROGRAM, and
(iii) ANY OTHER STATEMENTS OR POLICIES OF THE PROGRAM,ALL OF WHICH ARE HEREBY
INCORPORATED INTO THESE TERMS OF USE. YOU CONSENT TO RECEIVE REQUIRED
NOTICES FROM US AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT
AGREE, DO NOT USE THIS WEBSITE!
B. Changes to the Terms of Use.
We reserve the right, at our discretion, to change, modify, add or remove
portions of these Terms and Conditions at any time and will change the
“Effective Date” portion of these Terms and Conditions to reflect the date
of such changes. Therefore, You should check these Terms and Conditions
periodically for changes. Your continued use of the Site following the posting
of changes to these Terms and Conditions will mean that You accept the changes.
C. Term.
This Agreement will remain in full force and effect while You use the Website.
D. Electronic Communications.
When You visit our Website or send e-mail to Us, You are communicating with
Us electronically. We will communicate with You by e-mail or by posting notices
on he Website. You agree that all notices, disclosures, and other communications
that We make electronically satisfy any legal requirement that such communications
be in writing.
E. Changes To This Website/Right To Terminate/Sale of Program.
We may change or discontinue this Website or any feature on it at any time with or
without notice. The Program may, in its sole discretion, terminate or suspend Your
access or refuse service at any time, without notice, to all or part of any of the
Website for any or no reason, including, without limitation, breach of these Terms
of Use or the infringement of copyrights owned by third parties. In the event that
the Program is transferred, assigned or sold to a third party, such a sale will not
be deemed a transfer of personal information so long as that third party agrees to
assume the Program’s obligations as to these Terms of Use and associated Privacy
Policy.
F. Links.
The Website may contain links to other Internet sites (“Linked Sites”). These Linked
Sites are provided solely as a convenience to our visitors. Such Linked Sites are not
under Our control and We are not responsible for and do not endorse the content of such
Linked Sites, including any links contained on such Linked Sites. Interactions that
occur between You and these Linked Sites are strictly between You and such sites, and
are not Our responsibility. We are not responsible for examining or evaluating, and do
not warrant the offerings of, any of these businesses or individuals or the content of
their websites. The Program does not assume any liability or responsibility for the
actions, product, availability or content of these outside resources. Other Web sites
may link to the home page of this Site without prior permission. A link to any other page
of the Website requires our prior written approval.
G. Invalidity.
The Program’s failure to enforce any term shall not constitute a waiver. Any term found
invalid or unenforceable by a court shall not affect the validity and enforceability of
other terms.
H. Indemnification.
You agree to indemnify and hold the National Football League, its member clubs, NFL
Charities Inc, NFL Ventures L.P., the NFL Players Association,
(collectively “the NFL Entities”), Retail Communications Group, the American Heart
Association, and all of their partners associated with this Program, as well as their
respective subsidiaries officers, affiliates, agents and other partners and employees,
harmless from any loss, liability, claims, expenses or demand including reasonable
attorneys’ fees, made by any third party due to or arising out of Your use of the
Website, including Your use of the Website to provide a link to another site or to
upload content or information to the Website.
I. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will
We be liable to You for any indirect, consequential, exemplary, incidental, punitive
damages, including also lost profits, even if We have been advised of the possibility
of such damages.
J. Violation of These Terms and Conditions.
You agree that We may, in Our sole discretion and without notice to you, terminate Your
access to this Website and remove any material or information posted by you, if we
determine that You have violated these Terms and Conditions. You further agree that any
violation of these Terms and Conditions would cause Us irreparable injury, for which
monetary damages would be inadequate, and consent to injunctive or other equitable relief.
These remedies are in addition to any other remedies the We may have at law or in equity.
II. YOUR RESPONSIBILITIES
A. Access To This Website Is By License Only.
The Program grants to You a limited license to access the Website for personal use and
enjoyment. Unless otherwise stated, all materials published on the Website (including,
but not limited to articles, photographs, images, illustrations, product descriptions,
audio clips and video clips) are protected by copyright, trademark and all other
applicable intellectual property laws, and are owned or controlled by the Program.
Except as indicated on the Website, this license does not permit You to copy, modify,
or distribute any part of the Website. You may not use data-mining, robots, or any other
data-gathering and extraction tools. You may not use webpage frames to enclose any part
of the Website. You may not use any metatags or other hidden text that includes the
trademarks or trade names of any Program participant companies or entities. You may not
use the Website for any unlawful purpose. You agree that any information, feedback,
questions, and/or comments (“Submissions”) are sent to us with the understanding that
You hereby grant Us a world-wide, irrevocable, royalty free, unrestricted license to
exploit such Submissions by any means known or hereafter to become known, for any purpose
whatsoever, without any obligation to pay You any consideration or to respond or otherwise
acknowledge Your Submission. We shall have no obligations of any kind with respect to any
Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions
for any purpose whatsoever, without limitation. You also agree that we shall be free to use
any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever,
including, but not limited to, developing, manufacturing, and marketing products or services
incorporating such ideas, concepts, or techniques, without attribution. In addition, You
hereby waive all moral rights You may have in any materials uploaded or sent to us by you.
B. Prohibited Conduct.
You may use this Website for lawful purposes only. You may not submit or transmit through
the Website any material or engage in any conduct that:
• violates or infringes the rights of others, including without limitation, patent,
trademark, trade secret, copyright, publicity, or other proprietary rights;
• is unlawful, threatening, abusive, harassing, libelous, defamatory, deceptive,
fraudulent, invasive of another’s privacy, tortiously interferes with another, or which
otherwise violates any law, rule or regulation or the rights of a third party;
• is obscene, threatening, pornographic, profane, sexually explicit, abusive, contains
explicit or graphic descriptions, or accounts of, sexual acts, or is otherwise objectionable;
• forges e-mail headers or otherwise disguises the origin of any communication;
• victimizes or harasses, degrades, or intimidates any individual or group of individuals;
• impersonates any person, business or entity including Us and our employees or agents;
• contains viruses or any other computer code, files or programs that interrupt, destroy
or limit the functionality of any computer software or hardware or telephonic
(including cable) equipment and/or is likely to harm Ours or a third party’s computer system;
• allows for You or any third party to unlawfully access the computer of a third party or a
computer network;
• encourages conduct that constitutes a criminal act or that gives rise to civil liability;
• violates these Terms of Use or any policy posted on this Website or otherwise interferes with the
rights of others.
• damages, disables, overburdens, or impairs our servers or interfere with any other party’s use and
enjoyment of the Website.
• You may not attempt to gain unauthorized access to any services or information to which You have
not been granted access through password mining or any other process. We may take any legal and
technical remedies to prevent the violation of this provision and to otherwise enforce these Terms
of Use. You must respect the privacy of individuals. This means no posting of phone numbers,
addresses, Social Security numbers, or any other private information. You may not solicit personal
information from anyone under the age of 18, or from persons over the age of 18 for commercial or
unlawful purposes. Having good manners on-line means that You don't post or send junkmail, chain
letters, unsolicited or mass e-mails to other visitors.
C. Privacy Policy.
We have explained in detail the information we collect from You and how it is used in our Privacy
Policy, a copy of which You should review by clicking here. You agree to the terms of this Privacy
Policy by using this Site.
III. INTELLECTUAL PROPERTY
A. Copyright.
Unless otherwise stated, all content on this Website, such as text, images, logos, button
icons, audio clips, data compilations, and software, is the property of the Program or third parties.
These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S.
copyright laws, international conventions and other copyright laws. The Program grants to You a limited
license to copy its content for Your personal use, for example by downloading, printing, or saving to
Your individual storage medium. You must not remove or alter any proprietary notice included in the
content. This limited license does not apply to any copyrighted materials on this Website that are
owned by third parties. You are solely responsible for determining whether and under what conditions
You may download, print, or otherwise use the copyrighted material of third parties.
B. Trademarks.
Trademarks or other designations on the Website are the property of the Program participants
such as the American Heart Association, the National Football League, and/or others, and may be the
subject of pending trademark applications and/or are common-law trademarks. Trademarks, trade names,
and trade dress may not be used in connection with any non-Program product or service, in any manner
likely to cause confusion for customers, or to blur or tarnish the distinctiveness of our trademarks,
or in any manner that disparages the Program or any participant.
C. Copyright Complaints.
If You believe that Your work has been used on our Website in a way that infringes
Your copyright, please contact our agent for notice of claims of copyright infringement at
nflplay60challenge@heart.org. You must provide the following
information, which we may then forward to the
alleged infringer:
(a) a description of the material that You believe infringes Your work, with enough detail
for us to locate it on the Website;
(b) Your address, telephone number, and e-mail address;
(c) a statement that You have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (d) a statement, under penalty of perjury, that
(i) the above information is accurate, and that
(ii) You are the owner of the copyright interest involved or that You are authorized to act on
behalf of that owner; and
(e) Your physical or electronic signature. Upon receiving Your complaint, we may remove the
allegedly infringing content.
IV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. UNDER NO
CIRCUMSTANCES WILL THE AMERICAN HEART ASSOCIATION, THE NFL ENTITIES OR THE PARTICIPATING COMPANIES AND
ENTITIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S
USE OF THE WEBSITE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN
OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. THIS WEBSITE IS PROVIDED “AS IS” AND “AS
AVAILABLE.” YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE PROGRAM DOES NOT WARRANT THAT THE CONTENT
OF THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW, THE PROGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PROGRAM DOES NOT WARRANT
THAT THE OPERATION OF THIS WEBSITE IS RELIABLE OR ERROR-FREE, OR THAT TRANSMISSIONS FROM THIS WEBSITE ARE
FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THE PROGRAM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES.
SOME STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. THOSE LAWS MAY GIVE YOU ADDITIONAL RIGHTS
UNDER THE DISCLAIMERS ABOVE.
V. CONTACTING US
If You have questions or comments about these terms of use, please contact us:
NFL Play 60 Challenge
American Heart Association
7272 Greenville Ave
Dallas, TX 75231
nflplay60challenge@heart.org
