Terms of Use
1. Your Relationship With Us
Welcome to the “Platform”, which is provided by Berkshire County Football Officials Association in the Berkshire County, Massachusetts, United States (to be referred to as “BCFOA”, “we” or “us”) for its memebers. You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform. Access to certain features of the Platform (such as, by way of example and not limitation, the ability to view or download Content) may be subject to age or copyright restrictions and not available to all users of the Platform. Our Platform is provided for private, non-commercial use for our members. For purposes of these Terms, “you” and “your” means you as the user of the Platform. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Platform with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
2. Accepting the Terms
By accessing or using our Platform, you confirm that you can form a binding contract with BCFOA, that you accept these Terms and that you agree to comply with them. Your access to and use of our Platform is also subject to our Privacy Policy, the terms of which can be found directly on the Platform and are incorporated herein by reference. By using the Platform, you consent to the terms of the Privacy Policy. If you are accessing or using the Platform on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Platform as well as for the access or use by others affiliated with your entity, including any employees, agents or contractors. You can accept the Terms by accessing or using our Platform. You understand and agree that we will treat your access or use of the Platform as acceptance of the Terms from that point onwards. You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
We may amend these Terms from time to time, for instance when we update the functionality of our Platform or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Platform after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Platform.
4. Your Access Of Platform
You agree that you are solely responsible (to us and to others) for the activity that occurs during your access of Platform. We reserve the right to disable your access at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur during your access which, in our sole discretion, would or might cause damage to or impair the Platform or infringe or violate any third party rights, or violate any applicable laws or regulations.
5. Your Access to and Use of the Platform
The BCFOA being an association within the State of Massachusetts, in the United States,
Your access to and use of the Platform is subject to these Terms and all applicable laws and regulations of the United States and the State of Massachusetts. You may not:
access or use the Platform if you are not fully able and legally competent to agree to these Terms or are authorized to use the Platform by your parent or legal guardian;
make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Platform or any content included therein, including any files, tables, photos or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Platform or any derivative works thereof
distribute, license, transfer, or sell, in whole or in part, any of the Platform or any derivative works thereof;
market, rent or lease the Platform for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;
use the Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Platform, disrupt our website or any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform;
incorporate the Platform or any portion thereof into any other program or product.
In such case, we reserve the right to refuse service or limit access to the Platform in our sole discretion;
use automated scripts to collect information from or otherwise interact with the Platform;
impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Platform;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform;
use the Platform to upload, transmit, distribute, store or otherwise make available in any way:
files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
any material that contains a threat of any kind, including threats of physical violence;
any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
material that, in the sole judgment of BCFOA, is objectionable or which restricts or inhibits any other person from using the Platform, or which may expose BCFOA, the Platform or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Copyright Policy, or otherwise harmful to the Platform or our members.
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Platform, you agree to the terms of the Copyright Policy.
7. BCFOA Platform Content
As between you and BCFOA, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Platform, and all intellectual property rights related thereto (the “BCFOA Platform Content”), are either licensed, owned or used under Fair Use Doctrine by BCFOA. Use of the BCFOA Platform Content or materials on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ and original copyright owners' prior written consent. We, our licensors, and the original copyright owners' reserve all rights not expressly granted in and to their content. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any BCFOA Platform Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Platform, including in any member Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any member Content within the platform or on any third party service ( e.g. , you cannot claim member Content that has been uploaded to a social media platform such as Facebook for monetization). Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Platform, and to access the BCFOA Platform Content solely for your personal, non-commercial use through your use of the Platform and solely in compliance with these Terms. BCFOA reserves all rights not expressly granted herein in the Platform and the BCFOA Platform Content. You acknowledge and agree that BCFOA may terminate this license at any time for any reason or no reason. You acknowledge and agree that when you view content provided by others on the Platform, you are doing so at your own risk. The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform. We make no representations, warranties or guarantees, whether express or implied, that any BCFOA Platform Content is accurate, complete or up to date. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by members on the Platform.
8. Indemnity
You agree to defend, indemnify, and hold harmless BCFOA, and each of their respective officers, directors, and members from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
9. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE PLATFORM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO IT. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF PART OF THE PLATFORM WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE PLATFORM EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
10. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
ANY LOSS OF GOODWILL;
ANY LOSS OF OPPORTUNITY;
ANY LOSS OF DATA SUFFERED BY YOU; OR
ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM;
ANY CHANGES WHICH WE MAY MAKE TO THE PLATFORM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF ANY FEATURES WITHIN THE PLATFORM; OR
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OF THE PLATFORM.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE FOR OUR MEMBERS. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR PLATFORM, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. Other Terms
Entire Agreement.
These Terms constitute the whole legal agreement between you and BCFOA and govern your use of the Platform and completely replace any prior agreements between you and BCFOA in relation to the Platform.
Links.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Platform in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Platform” above. We reserve the right to withdraw linking permission without notice.
No Waiver.
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security.
We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Platforms. You should use your own virus protection software.
Severability.
If U.S. Federal or Massachuesetts State law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
12. Dispute Resolution
A. Informal resolution process first.
If there is a dispute relating to or arising out of these Terms, we will first try and resolve it with you amicably. You agree to do the same for us. To be clear, when we use the terms “BCFOA,” “we,” or “us” in this Section 12.A, we mean Berkshire County Football Officials Association and all of our officers and members.
The party raising a dispute will initiate this process by notifying the other. Whichever party receives the notice will have 60 days to respond. If the dispute has not been resolved after the response time has expired, or within 30 days after a response has been issued, whichever is earlier, either party may file legal action against the other. Engaging in this informal dispute resolution process is a requirement that must be completed before filing any legal action. You and BCFOA agree that you both will make a good faith effort to resolve the dispute amicably before either you or BCFOA files any legal action against the other, and that the statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process.
B. Exclusive venue.
These Terms and any claims, causes of action, of any kind or character, or demand arising out of or relating to the Terms will be governed by the laws of the State of Massachusetts. You also agree to submit to the personal jurisdiction of this State for the purpose of litigating any such claim.
C. One year limitation period / limitation on legal action.
YOU AND BCFOA AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.
