Effective - August 23, 2010

Welcome to the MyIndianaFootball.com website (the “Site). Use of this Site and its services is offered to you only if you accept these Terms of Use.

This agreement includes the Indianapolis Colts, Inc.’s (the “Colts,” “us” or “we”) policy for acceptable use of the Site and for content that you may post on the site, and describes your rights, obligations and restrictions regarding your use of the Site. In order to participate in certain services on the Site, you may have to download software or content and/or agree to additional terms and conditions.

We may modify these Terms of Use from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to the Terms of Use when you use the Site after any such modification is posted. It is therefore important that you review the posted Terms of Use regularly to ensure you are updated as to any changes.

Limitations on Users: Children under the age of 13 are not authorized to use the Site or to post any content, photos or messages. We reserve the right, at all times, to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request in our sole discretion.

Purpose: This Site is for your personal, private, informational and non-commercial use. The Site also provides a social networking service that allows fans of Indiana high school football and specific Indiana high school football teams to create personal profiles and post information online in order to communicate with other football fans from around the state. The Site is only for private, non-commercial, entertainment purposes. You agree not to use the Site for any unlawful or prohibited purpose.

Restrictions: Unless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any part of this Site.

Postings and Submissions: Please carefully consider the information you post or submit to the Site, and the information that you provide to other users through the Site. All submissions and postings must be original works by you. For example, do not post photographs taken by third parties or stories or articles written by third parties, unless you have the photographer’s and/or author’s prior written permission. For all of your submissions and postings (“Your Content”), you grant to us, our affiliated companies and necessary sublicensees, a non-exclusive, royalty-free, transferable, perpetual license to use and publish Your Content throughout the world in any manner or medium (“License”). The License includes the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content, and to publish your user name in connection with it. You will receive no compensation for this License.

You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the License set forth in this section, and (ii) the posting of Your Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party. You hereby agree to pay any and all royalties, fees, damages or any other penalties payable to any third party as a result of the display of Your Content on the Site.

You have complete control over the content in your online profile and you alone can determine how much or how little personal information you want to disclose to other users. However, your profile may not include the following items: any photographs containing nudity, or obscene, lewd, violent, threatening, harassing, sexually explicit or otherwise objectionable subject matter. Although we prohibit the aforementioned materials, we cannot guarantee that submissions by other Site users will not contain inappropriate, offensive or sexually explicit material, or inaccurate information, and we assume no responsibility for this material. We do not control or endorse any content posted on the Site by third parties and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Site.

If you become aware of misuse of the Site by any person, please contact us directly at issues@colts.com, or simply click on the “Report” Button to submit your complaint.

Prohibited Content: The following are examples of materials that must not be included in Your Content. The following materials are either illegal or prohibited by us for purposes of posting on the Site. We reserve the right (but are not obligated) to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, by submitting or posting any of the following:

• material that is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• material that threatens, harasses or advocates harassment of another person;
• material that exploits people in a sexual or violent manner;
• material that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• material that includes a photograph of another person that you have posted without that person's consent;
• material that solicits personal information from anyone under the age of 18;
• soliciting passwords or personally identifiable information of other users for commercial or unlawful purposes;
• material that provides any telephone numbers, street addresses or last names;
• material that contains information that you know is false or misleading or material that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• material that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music, movies or computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
• material that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• material that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

Review and Removal of Your Content: We reserve the right, in our sole discretion, to review, reject, or remove any of Your Content, or to suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. However, we are under no obligation to monitor the content of the Site and assume no responsibility for any inappropriate content or conduct that is posted or occurs on the Site.

Limited Access/Passwords: When you register to use the Site, you will be asked to set your user name and password. You are solely responsible for maintaining the confidentiality of your password. You are solely responsible for any and all use of your account. You should not disclose your password to any third party, and we disclaim any liability relating to your disclosure of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You agree not to use the account information, user name or password of any other user at any time.

The Colts and our Partners’ Trademark and Copyright Materials: All software used to operate the Site and any content posted on the Site by the Colts is “Copyright © Indianapolis Colts, Inc.” All rights in these materials are reserved by the Colts. The words COLTS, INDIANAPOLIS COLTS and BELIEVE IN BLUE and the Colts Horseshoe Logo are all trademarks of Indianapolis Colts, Inc. All rights not expressly granted herein are reserved. For the limited purpose of your use of the Site, the Colts grant you a limited, revocable, personal and non-transferable license to use the software and Colts content for private viewing and use in accordance with these Terms of Use, and for no other purpose.

Our partners on this Site may include high schools throughout the state of Indiana that post or provide content about their football programs. Any content or information posted or provided by the various high schools is owned by those respective high schools, and all rights in the materials are reserved by the respective high schools. Such content may no be copied or distributed without the express written permission of the high school administrators.

You must keep intact all copyright, trademark and other proprietary notices posted by us or the owners of the respective materials. Reproduction or redistribution of copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the copyright and trademark-protected material to any other server or location for further reproduction or redistribution is expressly prohibited.

Copyright Policy: You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to any other person without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate access to any user of or visitor to this Site who repeatedly infringes the copyright rights of others, upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

Notification of Alleged Copyright Infringement: If you believe that your proprietary work has been copied and/or posted on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent, copyright@colts.com (or by regular mail at the address shown below), with the following information (a “Notification of Alleged Copyright Infringement”):

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site;

(iv) your address, telephone number, and email address;

(v) a written 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;

(vi) 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.

Be aware that you may be liable for damages, including court costs and attorneys fees, if you file a Notification of Alleged Copyright Infringement that materially misrepresents that content on the Site infringes your copyright materials.

Upon receiving a proper Notification of Alleged Copyright Infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the Counter-Notification procedure described below, by which the alleged infringer may respond to your claim and request that we restore the material at issue.

Counter-Notification Procedure: If you believe your own copyrighted material has been removed from or disabled on the Site as a result of mistake or misidentification, you may submit a written Counter-Notification to our our Copyright Agent, copyright@colts.com (or by regular mail at the address shown below). To be an effective Counter-Notification, your submission must include the following:

(i) an electronic or physical signature of the original poster;

(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

(iii) a statement, under penalty of perjury, that the poster (subscriber) has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) the poster’s (subscriber’s) name, address and telephone number, and a statement that the poster (subscriber) consents to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found, and a statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or that party's agent.

If we receive a valid, written Counter-Notification meeting the requirements described above, we will restore the removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive the Counter-Notification, unless our Copyright Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Be aware that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

No Commercial Use: The Site shall not be used for commercial purposes, except those that are specifically endorsed or approved by us. Unauthorized use of the Site, including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other unauthorized purposes is strictly prohibited. Commercial advertisements, links to commercial sites and other forms of solicitation may be removed from your profile without notice and may result in termination of your access to the Site. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.

Links: Any links to third party websites that are posted on the Site by users are not under our control, and we are not responsible for their contents or any other links within them. We are not responsible for transmissions you receive from third party websites or for their failure to work properly. Any links on the Site are provided only as a convenience, and we do not endorse any third party sites, unless otherwise provided. You are solely responsible for abiding by the terms of use of any third party site.

Member Disputes: You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users of the Site. If you would like to file a complaint against another user, please click on the “Report” Button, and provide detailed information about the issue for our consideration.

Fees for use of the Site: There is currently no fee associated with your use of the Site. However, you acknowledge that we reserve the right to charge for your use of the Site and/or certain features of the Site and to change any fees from time to time, in our sole discretion. If we terminate your access to the Site at any time because you have failed to abide by these Terms of Use, you will receive no refund, even of the unused portion of any fees you may have paid.

Disclaimer of Warranty: We are not responsible for any incorrect or inaccurate submissions or postings on the Site, whether caused by users of the Site or by any of the equipment or programming used in or associated with the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or high traffic on the Internet or any combination thereof, including any injury or damage to your or to any other person's computer related to or resulting from participation or downloading materials in connection with the Site.

We are not responsible for the postings or conduct, whether online or offline, of any user of the Site. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at an event advertised or posted on the Site, or from any postings or submissions on or through the Site.

The Site and related services are provided AS-IS and, to the fullest extent permitted by law, WITHOUT WARRANTIES OF ANY KIND, either express or implied. This means, without limitation, that we DO NOT WARRANT that the Site is fit for any particular purpose, that the content of the Site (posted by us or any other user) is non-infringing; that the services available via the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses or other harmful components, or that the information and content of the Site are accurate, error-free or reliable. You acknowledge that the Colts and its affiliates, together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

Limitation of Liability: We are NOT LIABLE for any defamatory, threatening, infringing, offensive or illegal material submitted or posted by you or other users of the Site. You acknowledge that we are not liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site. This limitation applies to all potential claims, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification: You hereby agree to indemnify and hold the Colts, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, damages, claim or demand (including court costs and reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any of Your Content causes any liability to any other person or entity.

General: These Terms of Use and our relationship is governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Marion County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Site. Use is unauthorized in any jurisdiction that does not give effect to these Terms of Use, including this paragraph. No joint venture, employment, or other legal relationship exists between you and the Colts as a result of these Terms or Use or your use of the Site. If any of these terms is held invalid or unenforceable, then it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect. Unless otherwise specified and acknowledged by us in these terms, this is the entire agreement between us with respect to the Site. These Terms of Use supersede all prior or contemporaneous communications between us concerning any matters set forth herein. A printed version of these Terms of Use and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents originally in printed form.

Please contact us at issues@colts.com with any questions regarding these Terms of Use.