Cleveland City Stars are the Professional United Soccer Leagues

This Terms of Service and all supplemental terms, as amended from time to time,  governs your use of any online game, service, or web site ("CCS Services") offered by Cleveland City Stars or any its subsidiaries and affiliates (collectively, "CCS").  CCS's Privacy Policy is an integral part of this Terms of Service and incorporated into this document by reference.  You can find CCS's Privacy Policy at clevelandcitystars.com/about-city-insiders/404-privacy-policy.

You agree to check clevelandcitystars.com periodically for new information and terms that govern your use of CCS Services. CCS may modify the Terms of Service at any time.  Revisions to terms affecting existing CCS Services shall be effective thirty (30) days after posting at clevelandcitystars.com.  Terms for new CCS Services are effective immediately upon posting at clevelandcitystars.com.

1.                   CCS Account

An CCS Account ("Account") may be required to access and use some CCS Services.  If you have questions about Account registration, please contact us by visiting clevelandcitystars.com.

To create an CCS Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the CCS Service for which you are registering.  Some CCS Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your Account.  Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal.  You should not reveal your Account password to others. CCS will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2.                   Privacy and Data Collection

Your privacy is important to us.  Please read CCS's Privacy Policy carefully for information relating to CCS's collection and use of personal information.  You can find CCS's Privacy Policy at clevelandcitystars.com.

When you connect to CCS Services, we may retrieve information from the computer used to log onto the CCS Service.  The information we collect may include information about the computer's hardware system and any data related to the computer's operation of CCS's Software or use of CCS Services. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy at privacy.CCS.com.

You understand, acknowledge and agree that your communications on CCS Services are not private or confidential, and may be viewed and used by others accessing the CCS Services.

3. Content

"Content" on CCS Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of CCS Services.  CCS does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to CCS Services.  You bear the entire risk of the completeness, accuracy or usefulness of Content found on CCS Services.

CCS reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in CCS's sole and final discretion. To the maximum extent permitted by applicable law, CCS does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.

You are solely responsible for your Content and may be held liable for Content that you post.

4. Intellectual Property Rights

Content on CCS Services is owned by CCS or CCS's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an CCS Service unless you are expressly authorized to do so.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. CCS reserves all rights in CCS owned and licensed Content that are not expressly granted to you in this Terms of Service.

Making unauthorized copies of Content found on CCS Services may result in the termination of your CCS Account(s), prohibition on use of CCS Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless CCS from any unauthorized or illegal conduct by you, or through the use of your Account, on CCS Services.

5.         Contributing Third Party Content to CCS Services

CCS respects the intellectual property rights of others.  You must have the legal right to upload Content to CCS Services.  You may not upload or post any Content on CCS Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content.  CCS may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party.  If you are a repeat infringer of CCS's or a third party's intellectual property rights, CCS may terminate your Account without notice to you.  If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account.

6. Contributing Your Own Content to CCS Services; License Grant to CCS and Others

In exchange for CCS enabling your contribution of Content, when you contribute Content to an CCS Service, you expressly grant to CCS a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant CCS all licenses, consents and clearances to enable CCS to use such Content for such purposes.  You waive, and agree not to assert any moral or similar rights you may have in such Content.

If the CCS Service on which you contribute Content permits other users to access and use that contributed Content as part of the CCS Service, than you also grant all other users of the relevant CCS Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant CCS Service without further notice, attribution or compensation to you.

7.  Paid Services

Some CCS Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities.  For information about subscription and other fees for particular services visit clevelandcitystars.com.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

CCS reserves the right to change our fees or billing methods at any time.  If you pay a periodic (e.g. monthly) subscription for an CCS Service, CCS will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the CCS Service.  You are responsible for reviewing the CCS Service to obtain timely notice of such changes. Your continued use of the CCS Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but CCS will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of CCS Services is subject to use or sales tax, then CCS may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit clevelandcitystars.com.

A.  Payment Options. You may pay fees using the methods available for the particular CCS Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by CCS Service.  Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription. You agree that CCS is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription.  Customers who use other payment methods may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.  For further information, visit clevelandcitystars.com.  When you provide credit card or other payment information to CCS, you represent to CCS that you are the authorized user of the credit card or other payment method. You agree to promptly notify CCS of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information, and you agree to promptly notify CCS if your credit card expires or is canceled for any reason.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Trial Subscriptions. For some CCS Services, CCS may offer a free trial subscription. If you accept a free trial subscription, CCS will begin to bill your Account for that CCS Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using CCS Services, even when we offer a free trial subscription.  Trial subscriptions are not transferrable.
C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to CCS. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

8.      Termination of CCS Services and Accounts

CCS may terminate any CCS Service at any time by giving you notice of such termination within the time period specified when you joined the particular CCS Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable CCS Service.

CCS may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of CCS Services, products, or CCS's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, CCS may terminate all of your Accounts and all related entitlements. CCS may issue you a warning, or CCS may immediately terminate any and all Accounts that you have established. You acknowledge that CCS is not required to provide you notice before terminating your Account(s). If CCS terminates your Account, you may not participate in an CCS Service again without CCS's express permission.  To participate in an CCS Service, contact clevelandcitystars.com  CCS reserves the right to refuse to keep Accounts for, and provide CCS Services to, any individual.  You may not allow individuals whose Accounts have been terminated by CCS to use your Account.

If your Account, or a particular subscription for an CCS Service associated with your Account, is terminated, no refund will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular CCS Service.

9.      Cancellation of your Account

You have the right to cancel your Account or a particular subscription to an CCS Service at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use CCS Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with CCS, including any dispute related to, or arising out of: (1) any term of this Terms of Service or CCS's enforcement or application of this Terms of Service; (2) the Content available through CCS Services or any change in Content provided through CCS Services; (3) your ability to access and/or use CCS Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for CCS Services.

Contact CCS's Customer Service Department at clevelandcitystars.com to cancel your Account. CCS reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an CCS Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with CCS Services must be settled before you establish a new CCS Account.

10. Rules of Conduct.

You may violate the Terms of Service if you:

-          Post, transmit, promote, or distribute Content that is illegal.

-          Harass, threaten, embarrass, or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

-          Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.

-          Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].

-          Impersonate another person (including celebrities), indicate falsely that you are an CCS employee or a representative of CCS, or attempt to mislead users by indicating that you represent CCS or any of CCS's partners or affiliates.

-          Attempt to get a password, account information, or other private information from anyone else on CCS Services.

-          Upload any software or Content that you do not own or have permission to freely distribute.

-          Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

-          Upload files that contain a virus or corrupted data.

-          Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

-          Improperly use in-game support or complaint buttons or make false reports to CCS staff.

-          Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.

-          Modify any part of the CCS that CCS does not specifically authorize you to modify.

-          Post or communicate any player's real-world personal information using an CCS Service.

-          Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an CCS Service.

-          Attempt to use CCS Software on or through any service that is not controlled or authorized by Cleveland City Stars.

-          Interfere with the ability of others to enjoy playing an CCS Service or take actions that interfere with or materially increase the cost to provide an CCS Service for the enjoyment of all its users.

Specific CCS Services may also post additional rules that apply to your conduct on those services.

You  must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use CCS Services. CCS reserves the right to terminate your Account and to prevent your use of any and all CCS Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to CCS using the "Help" or "Report Abuse" functions in the relevant CCS Service.

11.        Software, Utilities and Tools

CCS Services may require or allow you to download software, software updates or patches, or other utilities and tools from CCS or its licensors onto your computer ("CCS Software"). CCS grants to you a non-exclusive, limited license to use CCS Software solely for the purpose stated by CCS at the time the CCS Software is made available to you.  If an End User License Agreement is provided with the CCS Software, your use of the CCS Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access CCS Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from CCS Software. You may not modify CCS Software or use it in any way not expressly authorized in writing by CCS. You understand that CCS's introduction of various technologies may not be consistent across all platforms and that the performance of CCS Software and related CCS Services may vary depending on your computer and other equipment.

From time to time, Cleveland City Stars may provide you with updates or modifications to CCS Software.  You understand that certain updates and modifications may be required in order to continue use the CCS Software and CCS Services.

12.   Export Control Laws

CCS Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading CCS Software from CCS, you warrant that you are not located in any country, or exporting CCS Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or CCS Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to CCS Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

13.        Updates to CCS Services

IMPORTANT: CCS MAY FIND IT NECESSARY TO MAKE UPDATE, OR RESET CERTAIN PARAMETERS TO USAGE OF CCS SERVICES. CCS reserves the right to make these UPDATES and is not liable to you for these changes.

14. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF CCS SERVICES, CCS SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. CCS SERVICES, CCS SOFTWARE, CCS'S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CCS PROVIDES CCS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE CCS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CCS WILL HAVE ADEQUATE CAPACITY FOR CCS SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC ARCCS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CCS OR ITS LICENSORS IS TO STOP USING CCS SERVICES, AND TO CANCEL YOUR CCS ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT CCS, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON CCS SERVICES OR USE OF CCS SOFTWARE. IN NO CASE SHALL CCS OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "CCS AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CCS FOR CCS SERVICES. IN NO CASE SHALL CCS OR CCS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CCS SERVICES, CCS SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CCS SERVICES OR ACCOUNTS.. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CCS'S AND CCS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. CCS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH CCS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Notwithstanding the foregoing, nothing contained in this Terms of Service limits CCS's liability to you for fraudulent misrepresentations, death or personal injury caused by CCS's negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

15. Indemnification

Upon CCS's request, you agree to defend, indemnify and hold harmless CCS and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through CCS Services. Without limiting the generality of the foregoing, you agree to indemnify and hold CCS harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of CCS Services and for all of your communication and activity on CCS Services, including any Content you contribute, and that you will indemnify and hold harmless CCS, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on CCS Services, including any Content that you contribute.

CCS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to CCS in that matter. This Section shall survive termination of this Terms of Service.

16.   Links to Third-Party Sites

CCS Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. CCS does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

17. General Terms

a. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the CCS Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including CCS's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

b. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of CCS, and the remaining portions shall remain in full force and effect.

c. Waiver. The failure of CCS to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by CCS.

d. Governing Law.  If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with CCS or relating in any way to your Account(s) or your use of CCS Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving CCS or its affiliates, employees, contractors, officers, directors, vendors and content providers.  If you reside elsewhere: (i) the laws of the State of Ohio, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with CCS, arising out of or relating in any way to your Account(s) or your use of CCS Services resides in the federal and state courts within the jurisdiction of the United States District Court for Ohio, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving CCS or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws.

The Terms of Service (including the CCS Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and CCS relating to your rights and obligations in the use of CCS Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on an CCS Service, CCS shall resolve the conflict in its sole discretion.