Our Terms of UseWelcome to Pioneers of AYSO! Pioneers of AYSO (“we” or “us”), is a nonprofit charitable organization whose mission is to document the history of AYSO under a free license or in the public domain, and to disseminate it effectively and globally, free of charge. We strive to record and keep AYSO history and make it available on the internet free of charge, in perpetuity. We welcome you (“you” or the “user”) as a reader, editor, author, or contributor of the Pioneers of AYSO, and we encourage you to join as a contributor or editor . Before you participate, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”). OverviewThese Terms of Use tell you about our public services at the Pioneers of AYSO, our relationship to you as a user, and the rights and responsibilities that guide us both. We want you to know that we host a large quantity informational content, all of which is contributed and made possible by users like yourself. Generally we do not contribute, monitor, or delete content (with the rare exception of policies like these Terms of Use or legal compliance for DMCA notices). This means that editorial control is in the hands of you and your fellow users who create and manage the content. We primarily host this content. The community - the network of users who are constantly building and using the Pioneers of AYSO site - are the principal means through which the goals of the mission are achieved. The community contributes to and helps govern Pioneers of AYSO. You are welcome to join as a contributor, editor, or author, but
you should follow our policies. Please be aware that you are legally responsible for all of your contributions, edits, and re-use of Pioneers of AYSO content under the laws of the United States of America and other applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the content we host is for general informational purposes only, so if you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional. We also include other important notices and disclaimers, so please read these Terms of Use in their entirety.
1. Our ServicesThe Pioneers of AYSO is dedicated to documenting the history of AYSO for the public free of charge. Our role is to host the collaboratively edited history. However, we act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to build the history of AYSO by contributing and editing content themselves. Because of our role, there are a couple of things you should be aware of when considering our relationship to you, the history, and the other users:
2. Privacy PolicyWe ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in the United States of America or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country. 3. Content We Host
4. Refraining from Certain ActivitiesThe website hosted by the Pioneers of AYSO only exist because of the vibrant community of users like you who collaborate together to write, edit, and curate the content. We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make edits and contributions aimed at furthering the mission of the Pioneers of AYSO. Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include:
We reserve the right to exercise our enforcement discretion with respect to the above terms. 5. Password SecurityYou are responsible for safeguarding your own password and should never disclose it to any third party. 6. TrademarksAlthough you have considerable freedoms for re-use of the content on the Pioneers of AYSO websites, it is important that, at the Pioneers of AYSO, we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, we ask that you please respect our trademarks. All Pioneers of AYSO trademarks belong to the Pioneers of AYSO, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use. Please note that Pioneers of AYSO is not an official part of the American Youth Soccer Organization (AYSO). "AYSO", "American Youth Soccer Organization", and AYSO logo are trademarks of the American Youth Soccer Organization. AYSO's official website is http://www.ayso.org 7. Licensing of ContentTo grow the commons of free knowledge and free culture, all users contributing to the Pioneers of AYSO are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative works. In keeping with our goal of providing free information to the widest possible audience, we require that when necessary all submitted content be licensed so that it is freely reusable by anyone who cares to access it. You agree to the following licensing requirements:
8. DMCA ComplianceThe Pioneers of AYSO wants to ensure that the content that we host can be re-used by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers. However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a DMCA takedown demand is invalid or improper. For more information on what to do if you think a DMCA notice has been improperly filed, you may wish to consult the Chilling Effects website. If you are the owner of content that is being improperly used on Pioneers of AYSO without your permission, you may request that the
content be removed under the DMCA. To make such a request, please email
us at legal 9. Third-party Websites and ResourcesYou are solely responsible for your use of any third-party websites or resources. Although Pioneers of AYSO contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. 10. Management of WebsitesThe community has the primary role in creating and enforcing policies applying to Pioneers of AYSO. Nonetheless, we reserve the right, but do not have the obligation to:
In the interests of our users and Pioneers of AYSO, in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to the Pioneers of AYSO, unless we provide explicit permission. Without limiting the authority of the community, the Pioneers of AYSO itself will not ban a user from editing or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies. The Pioneers of AYSO community and its members may also take action when so allowed by the community or Pioneers of AYSO policies applicable to the specific Pioneers of AYSO area, including but not limited to warning, investigating, blocking, or banning users who violate those policies. You agree to comply with the final decisions of dispute resolution bodies that are established by the community for the specific Pioneers of AYSO editions (such as arbitration committees); these decisions may include sanctions as set out by the policy of the Pioneers of AYSO. The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 12 of these Terms of Use. 11. Resolutions and Pioneers of AYSO PoliciesThe Pioneers of AYSO may releases official policies from time to time. Some of these policies may be mandatory, and, when they are, you agree to abide by them as applicable. 12. TerminationThough we hope you will stay and continue to contribute to the Pioneers of AYSO, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either ourselves or the Pioneers of AYSO community or its members (as described in Section 10) to terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content on the Pioneers of AYSO. In such circumstances, however, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions, including Sections 1, 3, 4, 6, 7, 9-15, and 17. 13. Disputes and JurisdictionHighlighted for emphasis We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the Pioneers of AYSO. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Santa Clara County, California. You also agree that the laws of the State of California and, to the extent applicable, the laws of the United States of America will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Santa Clara County, California, in any legal action or proceeding relating to us or these Terms of Use. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred). 14. DisclaimersHighlighted for emphasis At the Pioneers of AYSO, we do our best to provide educational and informational content to a wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use. Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law. 15. Limitation on LiabilityHighlighted for emphasis The Pioneers of AYSO will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand U.S. dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.16. Modifications to these Terms of UseJust as the Pioneers of AYSO community's input is essential for the growth
and maintenance of the Pioneers of AYSO, we believe that community input is
essential for these Terms of Use to properly serve our users. It is
also essential for a fair contract. Because it may be necessary to modify these Terms of Use from time to time, we will provide notice of such modifications and the opportunity to comment via the Pioneers of AYSO website. However, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of the Pioneers of AYSO and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services. 17. Other TermsThese Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, the Pioneers of AYSO. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control. You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Pioneers of AYSO websites. If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision. You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or the Pioneers of AYSO. Notwithstanding any provision to the contrary in these Terms of Use, we (the Pioneers of AYSO) and you agree not to modify the applicable terms and requirements of any free license that is employed on the Pioneers of AYSO when such free license is authorized by these Terms of Use. If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect. Thank You!We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing to the Pioneers of AYSO and using our services. Through your contributions, you are helping to build a durable and expanding history of AYSO.
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