The following Website Terms and Conditions (the "Agreement") governs your use of the website located at www.dolphinstadium.com (the "Website"), which is owned and operated by South Florida Stadium Corporation ("Dolphin Stadium," "we," "our" or "us"). Your use of the Website constitutes your acceptance of this Agreement. Your acceptance of this Agreement provides you with a limited right to access and use the Website, which is freely revocable at any time, with or without cause, and with or without notice, by Dolphin Stadium.
OWNERSHIP
The Website and the information contained in the Website are for informational purposes only. No design elements of the Website nor any text, photos, graphics and/or other materials provided on the Website (collectively, the "Materials") may be copied, reproduced, modified, published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any manner or medium whatsoever without the prior written consent of Dolphin Stadium, which may be withheld for any reason or no reason at all. All Materials provided on the Website are either owned by or licensed to Dolphin Stadium. Dolphin Stadium and its licensors retain all intellectual property and proprietary rights to the Materials. Neither the Materials nor any portion thereof may be used by any person or entity for commercial use. The Materials may only be used on a single computer for personal, non-commercial, home use. Dolphin Stadium will not be held liable in any way to you for any delays, inaccuracies, errors or omissions in the Materials.
All copyrights in the Materials are owned by Dolphin Stadium or its licensors to the fullest extent provided under the United States Copyright laws and all international copyright laws. All rights in the company names, trade names, logos and designs of all Dolphin Stadium or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Dolphin Stadium or its respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark laws. The use or misuse of any copyrights or trademarks is expressly prohibited and nothing stated or implied on the Website confers on you any license or right under any copyright or trademark of Dolphin Stadium or any third party.
MODIFICATION OF THIS AGREEMENT
Dolphin Stadium reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Website Terms and Conditions to which you are bound. Your use of the Website after the posting of modifications to this Agreement will constitute your acceptance thereof. If, at any time, you do not wish to accept this Agreement, you may not use the Website.
LINKS
We reserve the right to allow, deny or rescind permission to link to the Website from any other website, and to require termination of any link to the Website, for any reason whatsoever, in our sole and absolute discretion.
The Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of Dolphin Stadium, and Dolphin Stadium is not responsible for the contents of the Linked Websites, including without limitation, links contained on Linked Websites or any changes or updates to the Linked Websites. Dolphin Stadium provides Linked Websites to you only as a convenience, and the inclusion of any such Linked Websites is not an endorsement by Dolphin Stadium in favor of any company offering products or services on the Linked Websites.
OBLIGATIONS
You are required to comply with all applicable rules, regulations and laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Dolphin Stadium. As a condition of your use of the Website, you represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
PROHIBITED USES AND CONDUCT
Dolphin Stadium may offer you an opportunity to transmit materials through the Website. You shall be responsible for, and shall assume all liability with respect to, any materials you transmit through the Website.
You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that: (i) infringes in any way on any intellectual property or proprietary rights of others or on the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, slanderous, embarrassing or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, as determined by Dolphin Stadium in our sole discretion; (iii) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (iv) contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to: (i) use any incomplete, false or inaccurate biographical information or other information; (ii) delete or revise any material or other information of any other user of the Website; (iii) harvest, collect or send information about other users without their consent; (iv) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; (v) allow any other person or entity to use your username or password; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or (vii) access data not intended for you or log into a server or account that you are not authorized to access.
Dolphin Stadium may investigate occurrences that may involve violations of the foregoing prohibited uses and conduct, and may solicit, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Consequently, such violations may result in civil or criminal liability.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide Dolphin Stadium with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the Website that is requested to be removed; (iii) your name, address and daytime telephone number, and an email address if available, so that we may contact you if necessary; (iv) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or law; (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Upon receipt of such a statement, Dolphin Stadium reserves the right to remove any materials which infringe the copyright of any person or entity under the laws of the United States. United States law provides significant penalties for submitting such a statement falsely. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated an agent to receive notifications of claimed copyright infringement relating to the Website. All notifications relating to the Website must be submitted to the following designated agent:
George Torres
Sr. Director, Corporate Communications & Development
Dolphin Stadium
2269 Dan Marino Boulevard
Miami Gardens, FL 33056
REGISTRATION, USERNAME, PASSWORD AND SECURITY
Registration may be required for the use of certain portions of the Website. Your registration shall not impose any duty on us to provide any particular service to you.
In the event registration is required for the use of certain portions of the Website, your username and password will be your identity for purposes of interacting with the Website. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username and password for the Website. You shall immediately notify Dolphin Stadium if you learn of or suspect: (i) any loss or theft of your username or password; or (ii) any unauthorized use of your username or password or of the Website. In the event of such loss, theft or unauthorized use, Dolphin Stadium may impose on you, in Dolphin Stadium's sole discretion, additional security obligations.
If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall promptly inform Dolphin Stadium thereof. You shall also cooperate and assist in any investigation relating to any such unauthorized access.
PRIVACY POLICY
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in the Website Privacy Policy, a copy of which you should review by clicking here. You in turn agree and consent to the terms of the Website Privacy Policy by your use of the Website.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED "AS IS." DOLPHIN STADIUM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE OR OTHER CONTENT OR SERVICES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE. DOLPHIN STADIUM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOLPHIN STADIUM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE WEBSITE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY DOLPHIN STADIUM OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
DOLPHIN STADIUM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
LIMITATION OF LIABILITY
IN NO EVENT WILL DOLPHIN STADIUM OR OUR AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE, OR ANY WEBSITE LINKED TO THE WEBSITE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF DOLPHIN STADIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DOLPHIN STADIUM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify and hold harmless Dolphin Stadium and our subsidiaries, affiliates, directors, officers, agents, employees, representatives, licensors, co-branders and/or other partners from and against all liabilities, claims and expenses, including reasonable attorneys’ fees, resulting from, due to or arising out of content you submit, post to or transmit through the Website, your use of the Website, your violation of this Agreement or your violation of any rights of another.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the state and federal courts sitting in Miami-Dade County, Florida, in all disputes arising out of or relating to this Agreement and the use of the Website.
UNITED STATES JURISDICTION
The Website is operated in the United States of America. We do not represent that content or materials presented on the Website are appropriate or available for use in other jurisdictions. If you access the Website 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 Website.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Dolphin Stadium and governs your use of the Website, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Dolphin Stadium. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable rules, regulations and laws to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Website changes to this Agreement or by a subsequent writing signed by Dolphin Stadium.
NO WAIVER
The failure of Dolphin Stadium to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
MISCELLANEOUS
You agree that no joint venture, partnership, employment or agency relationship exists between you and Dolphin Stadium as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of Dolphin Stadium's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Dolphin Stadium with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TERMINATION
Dolphin Stadium reserves the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Website, with or without notice and with or without cause. Termination of your access to the Website means the revocation of the limited right to use the Website granted to you under this Agreement by Dolphin Stadium. The provisions of this Agreement will survive the termination of your access to the Website and of this Agreement.
NOTICES
Dolphin Stadium may give notices to users of the Website, at Dolphin Stadium's option, by posting a message on the Website, by email or conventional mail or by any other means by which users may obtain actual knowledge thereof. Notices by users to Dolphin Stadium must be given by email or conventional mail. Notices to Dolphin Stadium by email should be sent to George Torres, Sr. Director, Corporate Communications & Development, TorresG@dolphins.nfl.com. Notices to Dolphin Stadium by conventional mail should be sent to: Dolphin Stadium, 2269 Dan Marino Blvd., Miami Gardens, FL 33056, Attn: George Torres, Sr. Director, Corporate Communications & Development. Notices by a user to Dolphin Stadium will not change the terms of this Agreement unless the change is expressly accepted in writing by an authorized officer of Dolphin Stadium.
Last Modified: August 31, 2006
