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Terms and Conditions

Welcome to the San Francisco 49ers website. The following are the rules or "Terms" that govern use of San Francisco 49ers Websites located at sf49ers.com and 49ers.com, www.49ersnewstadium.com, 49ers.com/stories (foreverfaithful.49ers.com) and http://www.49ersfaithful.net/ ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. The San Francisco 49ers reserve the right to change these Terms at any time, effective immediately upon posting on the Site and notice to you. Please check the Home Page of the Site periodically. We will note when there are material updates to the Terms and Conditions.  If you violate these Terms, the San Francisco 49ers may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

No Deep Linking. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase merchandise for your personal use, unless otherwise specifically authorized by the San Francisco 49ers to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by the San Francisco 49ers to do so. The content and software on this Site is the property of the San Francisco 49ers and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

User Contributions to the Site. There may be opportunities for you to contribute to the Site. These may include, among others, uploading your user profile, participating in chats, using our bulletin boards, etc. which collectively, we call "Content". The San Francisco 49ers are not liable or responsible for any Content provided by its users or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of the San Francisco 49ers. The San Francisco 49ers cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify the 49ers at Ask49ers@niners.nfl.com.  We will investigate your claim and may then take the actions deemed appropriate.

Links and Search Results. The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. The San Francisco 49ers have no control over these sites or the content within them. The San Francisco 49ers cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The San Francisco 49ers do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against the San Francisco 49ers for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify the notify the 49ers at Ask49ers@niners.nfl.com, and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content. The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that :

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • could be harmful to minors;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material of any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Offline Conduct. Although the San Francisco 49ers cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.

No Commercial Use. The bulletin board, chat and other areas of this Site may not be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Access and Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior express written permission of the San Francisco 49ers.

Unauthorized Use of the Site. Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Violation of the Terms. You understand and agree that, in the San Francisco 49ers' sole discretion, and without prior notice, the San Francisco 49ers may terminate your access to the Site or exercise any other remedy available and remove any unauthorized User Content, if the San Francisco 49ers believes that the User Content you provided has violated or is inconsistent with these Terms of Use or violated the rights of the San Francisco 49ers, another User or the law. You agree that monetary damages may not provide a sufficient remedy to the San Francisco 49ers for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. The San Francisco 49ers may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. The San Francisco 49ers are not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

Privacy. We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy at http://www.49ers.com/about-us/privacy-policy.html. By posting Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use the Content. The San Francisco 49ers are not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the Site. Other than in registration forms, or when entering a contest on the Site that is sponsored by us, you should not post information about yourself on the Site that can be used to identify you, your home or work address, phone numbers, pagers, email address or other such personal information. The San Francisco 49ers cannot prevent such information from being used in a manner that violates these rules, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms of Use, and you assume the risks and sole liability for the results of such posting.

Copyright Policy. We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights).

If you believe that materials that have been posted on the Site have copied your work in a way that constitutes copyright infringement, please provide the San Francisco 49ers Copyright Agent (attn: Director of Legal Affairs, San Francisco 49ers, 4949 Centennial Blvd. Santa Clara, CA 95054) the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where (by URL and physical description) the material that you claim is infringing is located on the Site.
  4. Your address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon our receipt of a takedown notice complying materially with all of these requirements, we will remove, or cause to be removed, the identified materials.  The individual that had posted such materials will then have an opportunity to demand reposting.  You will receive notice of such if the individual properly requests reposting. Repeat offending websites, contributors (if any), or account holders (if any) will be terminated.

Disclaimers. The San Francisco 49ers do not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. The San Francisco 49ers can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. The San Francisco 49ers disclaim all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. The San Francisco 49ers will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. The San Francisco 49ers make no guarantee of any specific result from use of this Site. The San Francisco 49ers disclaim any and all liability for the acts, omissions and conduct of any third party users, the San Francisco 49ers users, advertisers and/or sponsors on the Site, in connection with the San Francisco 49ers services or otherwise related to your use of the Site and/or the San Francisco 49ers services. The San Francisco 49ers are not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to the San Francisco 49ers by emailing the 49ers at Ask49ers@niners.nfl.com. The San Francisco 49ers may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will the San Francisco 49ers be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if the San Francisco 49ers has been advised of the possibility of such damages.

Disputes. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.

Indemnity. You agree to indemnify and hold the San Francisco 49ers, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Trademarks. The San Francisco 49ers, the San Francisco 49ers logo and design are trademarks of the San Francisco Forty Niners, Ltd. All rights reserved.

Unsolicited Submissions. Although we are pleased to hear from 49ers fans and welcome your comments regarding the San Francisco 49ers, it is our policy not to accept or consider any submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts, or materials developed by the San Francisco 49ers might appear similar to your submission(s). Accordingly, we must ask that you do not send us any unsolicited submissions. We assume no responsibility for reviewing such submission and we will not incur any liability as a result of any similarities between your submission and future San Francisco 49ers designs, products, programs, or otherwise. In the event you do submit unsolicited submissions, such submissions shall be deemed the property of the San Francisco 49ers. Any unsolicited submission shall constitute a grant by you to the San Francisco 49ers of the rights in the submission and we may use, copy, sublicense, adapt, transmit, distribute, publish, display or delete them as we see fit, in our sole discretion. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against the San Francisco 49ers or any of our affiliates, employees, agents, directors, officers and shareholders, relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract or breach of confidentiality. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to unsolicited submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without any compensation to the provider of the submission.

GENERAL:

You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over the San Francisco 49ers, either specific or general, in jurisdictions other than California.  These Terms and Conditions shall be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Any claim or dispute between you and the San Francisco 49ers that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California.  The prevailing party in any dispute shall be entitled to its attorney’s fees from the non-prevailing party.  These Terms and Conditions, together with the Privacy Policy posted at http://www.49ers.com/about-us/privacy-policy.html and any other legal notices published by the San Francisco 49ers on this Site shall constitute the entire agreement between you and the San Francisco 49ers concerning the Site.  If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the San Francisco 49ers’ failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.  The San Francisco 49ers reserves the right to amend these Terms and Conditions at any time and any amendments, changes or modifications shall be effective immediately upon notice of them.   It is your responsibility to review these Terms and Conditions for any changes. Your use of the Site following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND THE SAN FRANCISCO 49ERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Updated August, 2011