The Site may offer you an opportunity to submit creative ideas, concepts, know-how, techniques, suggestions, opinions, votes, content or materials (collectively, “Submissions”) in connection with various features on the Site. To the extent you submit any Submissions, you are automatically granting the NCAA a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and/or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the NCAA. This means that anything submitted by you to the Site may be used by the NCAA for any purpose, now or in the future, without any payment to, or further authorization by, you. The NCAA also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
a. Solicited Submissions: At times, the NCAA may solicit Submissions from visitors to the Site, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the NCAA of the Rights described above. To the extent the Site affords you the opportunity to submit comments, we ask you to not use vulgarity, profanity or insults in such comments. You are free to disagree (even vehemently) with what we have to say, but we ask that you do so in a respectful manner. A comment may be removed for the above reasons or if it is hurtful, spiteful, libelous, slanderous or fails to contribute to the ongoing conversation on the Site.
b. Unsolicited Submissions: The NCAA welcomes your feedback and suggestions about how to improve our services, products, and this Site. Ideas, suggestions, and inventions are often considered by the person submitting them to be of a proprietary nature and to have value. It is only prudent, therefore, in fairness to both the person submitting an idea, suggestion, or invention, and the NCAA, that they reach a prior understanding in respect to the basis on which the NCAA will receive and give consideration to the idea, suggestion, or invention. As such, unless you have contacted the NCAA in advance to memorialize the confidentiality of disclosures or submissions of ideas, suggestions, or inventions from you, the NCAA will accept the submission on a NONCONFIDENTIAL BASIS. Accordingly, unless you have entered into a specific written understanding with the NCAA regarding your submission, the NCAA recommends that your content not contain any third party proprietary or confidential information. Further, unless otherwise agreed in a writing between the NCAA and you, the NCAA is free to use for any purpose whatsoever and shall own any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site, including, but not limited to, creating and marketing products or services using such information. Without limiting the foregoing, the NCAA assumes no responsibility for reviewing Unsolicited Submissions and we will not incur any liability as a result of any similarities between your Submissions and future NCAA products or programs.
3. Votes, Contests, and Sweepstakes.
4. Prohibited Content and Activities
You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Site, or use the Site in a manner that violates any laws. This includes, but is not limited to:
- Uploading or otherwise transmitting any communication or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise unlawful or objectionable (including without limitation, nudity, and depiction of drug use);
- Uploading or otherwise transmitting any communication or content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Uploading or otherwise transmitting any communication or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Uploading or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- Impersonating any person or falsely stating or otherwise misrepresenting your credentials, affiliation with any person, or the origin of any information you provide;
- Engaging in unauthorized robots, spiders, offline readers, or like devices, scraping, or harvesting of content or information, or using any other unauthorized automated means to compile information, or any other means that accesses the Site in a manner which sends more request messages to the Site server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials;
- Obtaining or attempting to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Site;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
- Circumventing, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise altering or interfering with (or attempting, encouraging, or supporting anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
- Taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Uploading or otherwise transmitting any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems; or
- Engaging in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.
The NCAA name and logo and the names and logos of the Site and NCAA member institutions are the property of the NCAA and the member institutions of the NCAA. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. You shall not use any mark in any manner that is likely to cause confusion among customers as to source or sponsorship of your goods and services, or in any manner that disparages, tarnishes, dilutes, or discredits the NCAA. Further, to the extent that third party Trademarks used on this Site are the property of their respective owners, any mention on the Site should not be construed as a challenge to said Trademark’s status or ownership. Any rights not expressly granted herein are reserved. The NCAA does not make any warranty or representation that your use of materials displayed on the Site will not infringe or violate the rights of others.
6. Informational Purposes Only
The information on this Site is for informational purposes only.
7. Links to the Site
The following restrictions apply to all links to the Site from any on-line, cable, wireless or other site, service or browser:
a. On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product, brand or service (a “Commercial Site”) may not link to the Site without the written permission of the NCAA, even if the page/area where the link originates does not promote a product, brand or service.
b. Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) (“Permissible Sites”) may link to the Site without the express written permission of the NCAA if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “NCAA.org”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
c. No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
d. The posting or creation of any link to the Site signifies that you have read these Terms relating to links to the Site and agree to abide by their terms.
e. The NCAA reserves the right at any time to require the removal of any link to the Site, whether from a Permissible Site or otherwise.
8. Site Content
You may not frame, capture, harvest, or collect any part of the Site or Content without the NCAA's advance written consent. The NCAA may make changes to the Content, this Site, or the products or services made available in connection with this Site at any time, with or without notice, and makes no commitment to update any of these items. Despite our best efforts to provide accurate information in the Content, errors may occur. Before acting on any information appearing on the Site, you should verify its accuracy. The NCAA may also change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The NCAA may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the NCAA’s exclusive discretion, without prejudice to any legal or equitable remedies available to the NCAA, for any reason or purpose, including, but not limited to, conduct that the NCAA believes violates these Terms or other policies or guidelines posted on the Site or conduct which the NCAA believes is harmful to it or other persons. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Site and destroy all materials obtained from it.
10. Disclaimer of Warranty and Damages; Limitation of Liability
While the NCAA uses reasonable efforts to include accurate and up to date information in the Site, the NCAA makes no warranties or representations as to its accuracy. The information contained in or made available through the Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The NCAA assumes no liability or responsibility for any errors or omissions in the content of the Site. Neither the NCAA, nor any of their respective affiliates, owners, employees, directors, officers, members, or agents (collectively, the “NCAA Parties”) make any representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and at your own risk and are responsible for compliance with all applicable laws. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NCAA PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NCAA PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NCAA PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE NCAA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE NCAA PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY. The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the NCAA or any affiliate of any third party site or content. The NCAA is not responsible for the availability of these third party resources, or their contents. The NCAA has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the NCAA with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
You agree to defend, indemnify, and hold harmless the NCAA, its contractors, affiliates and licensors, and its and their respective directors, officers, employees, members, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, expenses, demands, fines, interests, penalties, expenses, and harms (including without limitation attorneys' fees, litigation expenses and fees of other professional advisers) relating to or arising from your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms.
12. Notices to Users
The NCAA may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user’s e-mail address if on record in the NCAA’s account information, or by written communication sent by first class mail to a user’s address if on record in the NCAA’s account information
13. Integration and Severability
These Terms constitute the entire agreement between the NCAA and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us, and governs your use of the Site. In the event any provision of these Terms is held unenforceable or invalid, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
14. No Waiver
The NCAA’s failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
15. Assignment and Binding Effects
You may not assign these Terms or any rights or obligations herein without the prior written consent of the NCAA and any attempted assignment in contravention of this provision is null and void and of no force or effect. The NCAA has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
16. Some Services Unavailable Worldwide
This Site may refer to some services or programs that are not available worldwide, without specifically identifying that the offers are geographically limited. Our reference to such services or programs does not imply that the NCAA intends to offer such services or programs in all countries or locations.
17. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. The NCAA Parties will not be liable for any loss resulting from a cause over which they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
18. Changes; Termination
The NCAA may, in its sole discretion, change these Terms at any time, with or without notice; your continued use of this Site after any change is made to the Terms signifies your understanding of and intention and agreement to be bound by such change. It is your responsibility to monitor these Terms for changes. The NCAA reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice.
19. Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and the NCAA with respect to the subject matter hereof, supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements between us, and will be governed by and construed in accordance with the laws of the State of Indiana without reference to its conflict of law rules. By accessing, viewing, or using the Content or this Site, you consent to the jurisdiction of the federal and state courts presiding in the State of Indiana, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by the NCAA from its offices within the United States. The NCAA makes no representation that this Site or the Content is appropriate or available for use in any location or territory, and access to this Site or the Content from locations or territories where it is illegal is prohibited. The NCAA will be entitled to recover court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of these Terms.
20. Arbitration and Time Period Limitation for Bringing Claim
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the NCAA will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
The NCAA and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in Indiana. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the NCAA may seek any interim or preliminary relief from a court of competent jurisdiction in Indiana, necessary to protect its rights or property pending the completion of arbitration.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in Indiana.
To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
21. Copyright Policy
If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the NCAA’s Copyright Agent, named below:
- A physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- 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; and
- 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.
The copyright agent for notice of claims of infringement on the Site is:
National Collegiate Athletic Association
Attn: Copyright Agent
P.O. Box 6222
Indianapolis, IN 46206
© 2015 National Collegiate Athletic Association. All rights reserved.