Terms & Conditions
Welcome to the Houston Texans’ website located at www.houstontexans.com (the "Website"). The following Website Terms & Conditions Agreement (the "Agreement") governs your use of the Website, which is operated by the National Football League on behalf of the Houston Texans (collectively, "we", "our", or "us"). Your use of the Website constitutes your acceptance of the Agreement. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Website, which license and permission we may revoke at any time, with or without cause, and with or without notice, as described more fully below. Please print a copy of this Agreement for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
1. Copyright Rights
We own or license all copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, to the full extent provided under the copyright laws of the United States and other countries. Except as provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Website for any purposes, and nothing otherwise stated or implied on the Website confers on you any license or right to do so.
You may use the Website and the contents contained on the Website solely for non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Website, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
2. Trade and Service Mark Rights
We (or our affiliates) own all rights in the product names, company names, trade names, logos, product packaging and designs ("Trademarks") of the Houston Texans, and third parties own all Trademarks in their respective products or services, used on the Website, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as provided in this Agreement, and nothing otherwise stated or implied on the Website confers on you any license or right to do so.
3. Modification of This Agreement
We reserve the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Agreement to which you are bound. Your use of the Website after our posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Website.
This Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under our control and we are not responsible for the contents of the Linked Websites, including, without limitation, links contained on Linked Websites, or any changes or updates to Linked Websites. This Website provides links only as a convenience, and the inclusion of any links to a Linked Website is not an endorsement by us of any company offering Internet services, products or services on the Linked Websites.
You may link to the home page of the Website without obtaining our permission provided that you do so only through a plain-text link. For any other type of link to the Website, you must obtain our permission. To seek our permission, you may write to Houston Texans, Attn: Nick Schenck, Director of Digital Media and Publications, Reliant Stadium, Two Reliant Park, Houston, TX 77054-1573. If you provide a third-party website that links to the Website, you: (a) shall not create a frame, browser or border environment around any of the content of the Website; (b) may not replicate Website content on your website; (c) shall not imply that we endorse or sponsor your website or any of its products or services; (d) shall not present false information about us, the Website or any of our products or services; (e) shall not use any of our Trademarks without our express prior written permission; and (f) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Website from any website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.
You are required to comply with all applicable laws and regulations in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us. By using the Website, you represent and warrant that you will not use the Website for any purpose that is either unlawful or prohibited by this Agreement.
6. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that:
- (a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 8 of this Agreement;
- (b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant us the rights and licenses set forth in Section 8 of this Agreement;
- (c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- (d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law, as we may determine in our sole and absolute discretion;
- (e) is sexually-explicit;
- (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
- (g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
- (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Website, or for purposes of registering for any promotions offered through the Website;
- (b) delete or revise any material or other information of any other user of the Website;
- (c) harvest, collect, or send information about others, including e-mail addresses, without their consent;
- (d) take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
- (e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this site;
- (f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website to harvest or otherwise collect information from the Website to be used for any commercial purpose;
- (g) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
- (h) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
You further agree not to violate or attempt to violate the security of the Website, including, without limitation:
- (a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
- (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- (c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Website;
- (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
We may investigate occurrences that may involve violations of the security of the Website or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We reserve the right (but do not have the obligation) to review postings on the Website, to remove any of Your Content (as defined below) at any time, and to terminate your ability to post Your Content to the Website at any time, without notice, in our sole and absolute discretion.
We reserve the right to (1) disclose any information about you or your use of the Website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request, and (2) edit, refuse to post or to remove any of Your Content, in whole or in part.
You are responsible for, and assume all liability associated with, any material you make available or transmit through the Website, whether through chat rooms, messages boards or other forums, including liability for claims of infringement, libel and slander. In addition, we are committed to ensuring that that the Website does not include materials that are obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law, as set for in the Houston Texans Website Code of Conduct, a copy of which you should review by clicking here
. You, in turn, agree and consent to the terms of the Houston Texans Website Code of Conduct by your use of the Website
8. License Granted
By posting or submitting Your Content to the Website, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law.
9. Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- (a) identification of the copyrighted work claimed to have been infringed;
- (b) identification of the allegedly infringing material on the Website that is requested to be removed;
- (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- (d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;
- (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
- (f) an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Notice of claims of copyright infringement should be sent to our Copyright Agent at the following address:
Attn: Nick Schenck, Director of Digital Media and Publications
Two Reliant Park
Houston, TX 77054-1573
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
10. Registration, Username, Password, Security.
- (a) Registration. Registration may be required for the use of certain portions of the Website. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any of our registration agreements conflict with the terms of this Agreement, the registration agreement shall control.
- (b) Your User Identity. Your username and password will be your identity for purposes of interacting with the Website and other users through the Website.
- (c) Username, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Website. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Website. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole and absolute discretion, additional security obligations.
- (d) Security Breaches and Revision. If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
12. Access to the Website
In order to access the Website, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
13. Disclaimer of Warranties
THE WEBSITE IS PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
14. Limitation of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE, OR ANY WEBSITE LINKED TO OR FROM THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE OR ANY WEBSITE LINKED TO OR FROM THE WEBSITE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE LIMITATIONS IN THIS SECTION 14 APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
Upon our request, you agree to indemnify and hold harmless us, and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of any of Your Content that you submit, post to or transmit through the Website, your use of the Website, your violation of this Agreement or your violation of any rights of another.
16. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the courts located in Houston, Texas in all disputes arising out of or relating to the use of the Website.
17. United States Jurisdiction
The Website is operated in the United States of America. We do not represent that content or materials presented on the Website are appropriate or available for use in other locations. If you access the Website from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Website.
18. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us and governs your use of the Website, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Website changes to this Agreement, or by a subsequent writing signed by us.
19. No Waiver
Our failure to enforce any provisions of this Agreement or to 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 this Agreement or to act with respect to similar breaches.
20. No Professional Advice
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Website, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Website, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve the right, in our sole and absolute discretion, to terminate this Agreement and your access to all or part of the Website, with or without notice and with or without cause. Termination of your access to the Website means the revocation of the limited and temporary license and permission to use the software and other resources of the Website we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Website and of this Agreement.
At our option, we may give notices to users of the Website by posting a message on the Website, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to firstname.lastname@example.org. Notices to us by conventional mail must be sent to: Houston Texans, Attn: Nick Schenck, Director of Digital Media and Publications, Reliant Stadium, Two Reliant Park, Houston, TX 77054-1573. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.