Terms of Use

AMP MARKETING PLATFORM TERMS OF USE

 

Welcome to the AMP Marketing Platform (the “Platform”), built by Opendorse, Inc. for the exclusive use of (i) United States Olympic and Paralympic Committee  (“USOPC”), (ii) USOPC authorized entities (“AMP Participating Brands”),  and (iii) the athletes who compete for Team USA (Team USA Athlete(s)”, collectively the “AMP Users” or “You”). The Platform consists of the website, application, and the services available on and through www.teamusa.org/Team-USA-Athlete-Services/Athlete-Marketing/Athlete-Marketing-Platform (the “Site” and the “Services”). Please read the Terms carefully before using the Platform.  An AMP User’s use of the Platform is governed by these Terms of Use (these “Terms”). Your use of the Platform indicates that you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Platform.

The Terms will be enforced by the USOPC and/or Opendorse, Inc. as the services provider and at the USOPC’s direction, any reference to “We” or “Us” makes reference USOPC and Opendorse Inc. collectively.  Opendorse is the company that built and owns the underlying software that the Platform is built on. They need access to information to ensure the USOPC is able to deliver on the services that are available through the Platform in accordance with these Terms of Use and the Privacy Policy.  Actions taken by Opendorse are at USOPC’s direction and in furtherance of providing the Services.

Your use of the Platform is also subject to the Privacy Policy, which is located on the Site. We reserve the right to modify these Terms or the Platform at any time, with such changes becoming effective when We post the modified Terms to the Site.  You will receive notice of the changes via the Platform. Any use of the Platform by you after we post changes to the Terms constitutes your acceptance of those changes.

We also reserve the right to deny or terminate your access to the Platform if you do not abide by the terms of the Athlete Agreement, if applicable, or if you do not abide by these Terms. Your access to the Platform is contingent upon your continued compliance with the terms the Athlete AMP Agreement, if applicable, and affiliation with Team USA or the USOPC.

These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with Us. Please read them carefully and review them regularly.

1. Eligibility. If you are under 16 years old, you may not use the Platform. Users under the age of 18 must be signed up and managed by their parent, legal guardian, or authorized agent (“Agent”) who is operating with parental consent. When you use the Platform, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Platform from your parent or legal guardian. You also represent that your use of the Platform does not violate any applicable law or regulation.

2. Registration & Account. Certain Services or portions of the Site may require you to register for an account (“Account”). Your account is the profile maintained by Us on the Platform which allows the user to conduct transactions and access the Services. By registering for an Account, you grant us a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to display your name and likeness in a form clearly indicating your status as an AMP User within the Platform to other AMP Users, in all forms of media and through Platform media channels (now known or hereafter developed) without compensation.

As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account.

During the registration process Athlete may be prompted to complete a survey which will assist you in identifying AMP Participating Brands and their corresponding categories, that Athlete is interested in working with.  During registration Athlete will also disclose the category of all pre-existing agreement that will prohibit Athlete from working with an AMP Participating Brand. AMP Participating Brans will be able to view other all Athlete profiles, but will receive a notification where an Athlete has indicated that they are not able to or interested in working with an AMP Participating Brand.   

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of the USOPC. We do not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.

By registering for an Account, you are representing and warranting that all information you submit is current, truthful and accurate, and that you agree to maintain the accuracy of such information. You authorize us to verify any information through any source including use of third party identity verification systems. You understand and agree that we will use the information you provide in accordance with the terms of the Privacy Policy, which is expressly incorporated into these Terms.

You have the right to cancel your Account at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute you may have with Opendorse.

WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT AT ANY TIME FOR VIOLATING  THESE TERMS OF USE OR THE ATHLETE AMP AGREEMENT, IF APPLICABLE, AT ANY TIME, WITH NO LIABILITY TO YOU UNDER ANY THEORY OF LAW, INCLUDING TORT OR CONTRACT, FOR ANY TYPE OF DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS. You acknowledge and agree that we are not required to provide you notice before terminating or suspending your Account, and/or your access to the Platform. In the event that your Account is terminated, suspended or canceled, you will have no further access to your Account or anything associated with it (including Accounts on the system for which you may have been previously responsible).

3. Permitted Uses/License. You agree to only  access the Platform for the sole purpose of viewing and using the Services on your computer or device. You do not have any right, title, or interest in the Platform, the Site or the Services, or in your Account. The Platform is the property of Opendorse, Inc., and you have a limited license to use the Platform in furtherance of your personal-brand building goals or in furtherance of your Team USA marketing activities.  The data and information you provide via the Platform is the property of the USOPC and will only be used as detailed in the Privacy Policy.

You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Platform and may violate our intellectual property rights or the intellectual property rights of third parties.

4. Third Party Sites.The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.

5. User Content.The Site or the Services may include interactive areas in which you may post content and information (referred to as “User Content” regardless of form). User Content is not for commercial use by the USOPC or AMP Participating Brands.  You are solely responsible for all User Content. We may, in addition to any other rights and remedies we may have against you at law or in equity, immediately, with or without notice to you, cease the distribution, display or other exploitation of any content which we believe violates these Terms, without any liability to you of any kind. We reserve the right to remove or modify any User Content for any reason in our sole discretion.

When you post User Content, you give us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the Platform for purposes of providing you the Services.  To the extent such content is attached to a user profile on the Services, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you, any feedback or suggestion will not be attributed to you.

When you post User Content, you represent and warrant to us that (1) you own the User Content, (2) the posting of the User Content does not violate any rights of any person or entity, (3) you have no agreement with or obligations to any third party with respect to the rights granted herein and you have not and will not sell, assign, transfer, or convey any of the rights granted herein in a manner adverse to or in derogation of the rights granted to us, and (4) to the extent any “moral rights” or similar right exist in the User Content and are not exclusively owned by us, you agree not to enforce any such rights as to us or our affiliates. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Services.

6. User Conduct. You agree not to use the Platform to take any action or actions that (including with respect to any User Content): (1) are patently offensive in any manner, (2) involve commercial activities without our prior written consent such as contests or sweepstakes, (3) are contrary to the USOPC’s public image, goodwill, or reputation, (4) infringe on our or any third party’s intellectual property rights, or (5) “frame” or “mirror” any part of the Site without our prior written consent. You acknowledge and agree that you are solely responsible for compliance with any applicable law or regulation relating to advertisement, social media marketing, or endorsement including but not limited to, acknowledgement of any compensation received in return for your posting of the Content such as with the #ad hashtag.

7. Copyright Infringement. We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give Company legally sufficient notice of infringement. Send copyright infringement complaints to our CEO, Blake Lawrence, at the following email address: support@opendorse.com. We suggest that you consult your legal advisor before filing a DMCA notice with Company’s copyright agent. There can be penalties for false claims under the DMCA.

8. Warranty Disclaimer. You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Platform, (d) warranties relating to the accuracy or correctness of data on the Platform, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.

We do not warrant that the Platform will operate error-free or that the Platform is free of computer viruses and/or other harmful materials. If your use of the Platform results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.

Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

9. Limitation of Liability. In no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.  The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10. Indemnification. You agree to indemnify and hold harmless Us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of (i) your use of the Site and Services in violation of these Terms, (ii) any breach of the representations and warranties you make in these Terms, or (iii) misuses of another AMP User’s User Content. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.  You agree to indemnify and hold us harmless for any breach of security caused by your actions in the use of  your Account.

11. Electronic Signatures and Notices.Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.

If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

12. Dispute Resolution. All disputes or claims relating to or arising out of an athlete’s use of the Platform should be initially referred to the Ombudsman’s Office for review and mediation with the USOPC, at no cost to athlete. All disputes or claims relating to or arising out of an AMP Participating Brand’s use of the Platform should be initially referred to the USOPC Marketing team.  If resolution cannot be achieved, then any dispute will be resolved by confidential, binding arbitration conducted before a single neutral arbitrator in El Paso, County, Colorado.   The arbitrator will be mutually approved by the parties. The arbitration will be administered by the American Arbitration Association in accordance with its procedures for expedited resolution of disputes and with the goal of minimizing the financial cost to the Parties participating in arbitration.  The arbitrator is empowered to award all remedies otherwise available in a court of competent jurisdiction. Any judgment rendered by the arbitrator may be entered by any court of competent jurisdiction. The arbitrator will issue an award in writing and state the essential findings and conclusions on which the award is based. By executing this Agreement, Athlete and USOPC are waiving the right to a jury trial with respect to any such disputes. Each Party will bear its own respective attorneys’ fees and all other costs unless otherwise provided by law and awarded by the arbitrator.  Additionally, the parties agree to extend the confidentiality provision of this Agreement to any arbitration proceedings, including, but not limited to, the filings and awards.

13. Governing Bodies.You are responsible for your own activities in connection with your use of the Platform.  If you are a college athlete, you are responsible for knowing and complying with the NCAA’s rules, regulations, and laws or similar rules, regulations and laws (collectively, the “NCAA Regulations”) to the extent such rules apply to you. If you act in violation of the NCAA Regulations, we may take reasonable steps in response, including, but not limited to, terminating your access to and use of the Platform. We do not knowingly promote any violations of NCAA Regulations.

You are similarly responsible for understanding any and all rules governing your public association with the Team USA.  We are not responsible for any violations of such rules, even if such violations are perpetuated using the Platform.

14. Miscellaneous.We may assign, transfer, delegate, or otherwise hypothecate our rights under these Terms in our sole discretion. If we fail to enforce a provision of these Terms, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of these Terms is held or made invalid, the invalidity does not affect the remainder of these Terms. We reserve all rights not expressly granted in these Terms and disclaim all implied licenses.