This Terms and Conditions Agreement (the "Agreement") governs your use of the websites, downloadable applications, interactive applications, digital services, and other online and mobile services that link to or post this Agreement (collectively, the "Services") that are operated by The Confederation of North, Central America and Caribbean Association Football (CONCACAF) Inc. (hereinafter "CONCACAF", "we", "our", or "us").

Please read the Terms and Conditions Agreement carefully before you start to use the Services. This Agreement applies to all visitors, users (registered or unregistered) and others who access or use the Services. By using the Services, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to the Agreement, you must not access or use the Services.

You must be 13 years of age or older to use the Services. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Services, which license and permission we may revoke at any time, as described below. (Please keep in mind that certain services may only be available for individuals who are 18 years of age or older and may be limited to certain territories; for more information, please consult the applicable official rules and terms and conditions of such services).

1. Copyright Rights

We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.

You may use the Services and the contents contained in the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.

 

2. Trade and Service Mark Rights

We (or our affiliates) and our Member Associations own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") of CONCACAF and such Member Associations, and third parties own all Trademarks in their respective products or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.

 

3. Changed Terms

CONCACAF shall have the right at any time to change or modify this Agreement or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the applicable websites or mobile applications, or by electronic or conventional mail, or by any other means by which CONCACAF may publicize notice thereof. Your continued use of the Services after such notice shall be deemed to constitute your acceptance of such changes or modifications. If, at any time, you do not wish to accept this Agreement, including any such changes or modifications, you may not use the Services.

 

4. Equipment

You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the Services and all charges related thereto. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer hardware and other equipment satisfies the minimum technical requirements before you register to access the Services.

 

5. Registration Obligations

Registration may be required for certain portions of the Services. We will not grant any user access to any registration-required portions of the Services unless he or she has completed the necessary registration and paid the fees, if any, associated with access to such portion of the Services. By registering, you agree to provide true, accurate, current and complete information about yourself. CONCACAF has the right to suspend or terminate access and refuse any and all current or future use of the Services (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if CONCACAF reasonably suspects that you have provided untrue, inaccurate, or incomplete information.

 

6. Conduct

• The Services are intended for your personal, noncommercial use only. You shall not use the Services or any of its data or other content for any commercial or business-related purpose, unless expressly licensed by CONCACAF.
• You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or which, without CONCACAF's express and written prior approval, contains advertising or any solicitation with respect to products or services. Any conduct that in our discretion restricts or inhibits any other individual from using or enjoying the Services will not be permitted. You shall not use the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users or subscribers of other on-line information services competitive with the Services.
  
  
• You shall not use or permit or facilitate others to use the Services by automated electronic processes, robots, spiders, scrapers, webcrawlers, or other computer programs that monitor, copy or download data or other content found on or accessed through the Services, including without limitation real time scoring, statistics, video, audio, polling or any other data or content (whether current or archival).
  
  
• You may use real time scoring, rankings, statistics and other data (whether current or archival) collected from the Services solely for legitimate news reporting and for personal, non-commercial purposes. You shall not use real time scoring, rankings, statistics or other data (whether current or archival) collected from the Services for sale, license or other commercial purposes (including without limitation commercial gambling purposes), unless expressly licensed by CONCACAF.
  
  
• You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
  
  
• You shall not create a frame, browser or border around any of the content of the Services or link to the Services without CONCACAF’s prior express written permission (except that you may use a plain text-only link to the home page of www.CONCACAF.com, which link does not in any way imply a sponsorship or affiliation with the Services, CONCACAF, any of its affiliates, or member associations.
  
  
• You shall not upload, post or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right 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 such a submission. By submitting material to any public area of the Services, you automatically grant, or warrant that the owner of such material has expressly granted, CONCACAF the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use. You hereby grant CONCACAF the right to edit, copy, publish and distribute any material you make available on the Services. The foregoing provisions of this Section are for the benefit of CONCACAF and its parent companies, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Disclaimer of Warranties; Limitation of Liability

• YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER CONCACAF, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.  
• NEITHER CONCACAF, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL ANY OF THE FOREGOING PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES.
  
  
• YOU AGREE THAT NEITHER CONCACAF, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE 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.

8. Monitoring

CONCACAF shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by CONCACAF and to satisfy any law, regulation or authorized government request. CONCACAF shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services. Without limiting the foregoing, CONCACAF shall have the right to remove any material that CONCACAF, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

 

9. Indemnification

You agree to indemnify and hold CONCACAF and its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with your failure to comply with any provision of this Agreement.

 

10. Termination

CONCACAF may, in its sole discretion and without liability to you, with or without cause, in particular if you do not comply with this Agreement, with or without prior notice and at any time: (i) terminate your access (whether restricted or not) to the Services, in whole or in part; and (ii) deactivate or delete any of your accounts and all related information and files in such accounts, as well as submissions created through such accounts. The provisions of Sections 7, 9, 11 and 12 and this Section 10 shall survive termination of this Agreement

 

11. Privacy Policy

Please refer to www.concacaf.com/privacy-policy/ for information on how CONCACAF collects, uses, and discloses your personal information.

 

12. Arbitration; Jury Trial Waiver; Class Action Waiver; Choice of Law.

FLORIDA LAW GOVERNS THIS AGREEMENT AND ANY CONTROVERSY OR CLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OF USE, OR BREACH THEREOF, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE CLAIMS OR OTHER TORT CLAIMS OF ANY KIND, STATUTORY CLAIMS OF ANY KIND OR ANY OTHER CLAIMS FOR RELIEF UNDER ANY OTHER LEGAL THEORIES, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITRATION SHALL BE CONFIDENTIAL AND THE HEARING HELD IN MIAMI-DADE COUNTY, FLORIDA. THE PREVAILING PARTY (AS DETERMINED BY THE ARBITRATOR) IN ALL SUCH ARBITRATIONS SHALL BE ENTITLED TO RECOVER ITS REASONABLE COSTS FROM THE OTHER PARTY TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTY WAIVES THE RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHTS TO PARTICIPATE IN ANY CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING, WITH RESPECT TO ALL CLAIMS HEREUNDER. NOTWITHSTANDING THE FOREGOING, YOU HEREBY ACKNOWLEDGE THAT IT MAY BE IMPOSSIBLE TO DETERMINE THE AMOUNT OF DAMAGES THAT WOULD RESULT TO CONCACAF FROM YOUR BREACH OF THIS AGREEMENT AND THAT THE REMEDY AT LAW FOR YOUR BREACH, OR THREATENED BREACH, OF THESE TERMS AND CONDITIONS MAY BE INADEQUATE. ACCORDINGLY, YOU AGREE THAT CONCACAF SHALL BE ENTITLED TO SEEK FROM ANY COURT OF COMPETENT JURISDICTION SUCH INJUNCTIVE RELIEF AS MAY BE AVAILABLE TO COMPEL SPECIFIC PERFORMANCE OF, OR RESTRAIN YOU FROM VIOLATION OF, THIS AGREEMENT. IN CONNECTION WITH ANY ACTION OR PROCEEDING FOR TEMPORARY OR PERMANENT INJUNCTIVE RELIEF, YOU HEREBY AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO HAVE THIS AGREEMENT SPECIFICALLY ENFORCED AGAINST YOU, WITHOUT THE NECESSITY OF POSTING BOND OR OTHER SECURITY AGAINST YOU.

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide CONCACAF with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.

 

13. United States Jurisdiction

The Services are operated out of the United States of America. We do not represent that content or materials presented on the Services are appropriate (or, in some case, unavailable) for use in other locations. If you access the Services from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Services.

 

14. Miscellaneous

This Agreement and any operating rules for the Services established by CONCACAF constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. In the event a court of competent jurisdiction finds that any provision of this Agreement is invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of this Agreement shall remain in full force and effect. All rights not expressly granted to you herein are hereby reserved to CONCACAF and its affiliates.

LAST UPDATE: June 28, 2022
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