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DALLAS COWBOYS UNITED

THE OFFICIAL MEMBERSHIP OF THE DALLAS COWBOYS

PROGRAM TERMS AND CONDITIONS

Last Updated: July 18, 2024

  1. INTRODUCTION
    1.1 These Program Terms and Conditions ("Terms") govern your ("you", "your", "Member") participation in Dallas Cowboys United, The Official Membership of the Dallas Cowboys (the "Program"). Registration into the Program is free. You must be seventeen (17) years or older to register in the Program. The Program benefits are issued and administered by Dallas Cowboys Pro Shops, L.P. ("DCPS", "we," "us," and "our"). By signing up for the Program and registering for a membership (a "Membership"), you agree to comply with these Terms and Conditions and acknowledge that these Terms are subject to the Program website's and . If you do not agree to these Terms or are not seventeen (17) years of age or older, please do not sign up for a Membership. Be sure to return to these Terms periodically to review the most current version of these Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms without prior notice.

1.2 All benefits offered under the Program are at our sole discretion. We reserve the right to limit, modify, alter, waive, or cancel the Program at any time, prospectively or retroactively, with or without notice. We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Abusive behavior, including threats, beratement, harassment and/or intimidation, is not permitted.

1.3 Due to personalization, no transfers or exchanges are permitted. Please email us at United@DallasCowboys.net for more information.

  1. COMMUNITY GUIDELINES
    2.1 As a Member, you may be permitted to post or provide content such as profile information, videos, images, music, comments, questions, Member Data (as defined below) and other content or information (any such materials a Member provides, submits, posts, displays, or otherwise makes available on the Program website ("Site") or the Dallas Cowboys App ("App") is referred to as "Member Content"). DCPS and the Dallas Cowboys claim no ownership rights over Member Content created by you. The Member Content you create remains yours; however, by providing or sharing Member Content through the Site or the App, you agree to allow others to view, edit, and/or share your Member Content in accordance with your settings and these Terms. We have the right (but not the obligation) in their sole discretion to remove any Member Content that is shared via the Program, Site, or the App.

2.2 You agree not to provide Member Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school, governing body or other applicable policy, including those related to cheating or ethics or recruiting. You agree that any Member Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your Member Content contains music, you hereby represent that you are the owner of all the copyright rights, or otherwise have all rights necessary to use such music and grant the license to such music as anticipated below, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such Member Content. For the purposes of this Agreement, "Intellectual Property Rights" means any and all intellectual property and proprietary rights anywhere in the world, including all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

2.3 We reserve the right, but is not obligated, to reject and/or remove any Member Content, including, without limitation, any Member Content that we believe, in our sole discretion, violates any of these Terms, any Member Content that we believe was obtained without the proper permissions and consents, as warranted by you below, or in response to a request by another Member or third party or parent or guardian of another Member or third party. You understand that publishing your Member Content on or through the Site and/or the App is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

2.4 In connection with your Member Content, you affirm, represent and warrant that you have the consent of each and every identifiable natural person in the Member Content, if any, to use such person's name, information or likeness in the manner contemplated by the Program, Site, App, and these Terms, and each such person has released you from any liability that may arise in relation to such use. You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any Member Content relating to third parties. Your Member Content, the Program's, Site's, App's, and other Members' use thereof as contemplated by these Terms and the Program will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. The Site may exercise the rights to your Member Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. To the best of your knowledge, all of your Member Content and other information that you provide to the Site is truthful and accurate.

2.5 The Site takes no responsibility and assumes no liability for any Member Content that you or any other Member or third party posts, sends, or otherwise makes available over through the Program, Site, and/or the App. You shall be solely responsible for your Member Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the Site and/or the App, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Site shall not be liable for any damages you allege to incur as a result of or relating to any Member Content.

2.6 By providing or otherwise making available any Member Content on or through the Program, Site, and/or App, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Program, our (and its successors' and affiliates') businesses, and as otherwise permitted under these Terms, including without limitation for promoting and redistributing part or all of the Site and/or the App (and derivative works thereof) in any media formats and through any media channels. You expressly acknowledge our broad rights and the rights of our partners to use your data as permitted under the Privacy Policy. You also hereby grant each Member a non-exclusive license to access your Member Content through the Site and/or the App, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Site and/or the App.

  1. PRIVACY AND COMMUNICATION PREFERENCES
    3.1 Any personally identifying information submitted through the Program is subject to our privacy policy, the terms of which are incorporated herein. Please review our privacy policy to understand our practices. The date of any changes to our privacy policy will be noted at the top of the policy. By using our service, you are consenting to receive certain communications from us. For example, DCPS may send you newsletters about new features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications from us, click on the unsubscribe link in our email communications. Please review our privacy policy for further detail on our marketing communications. Additionally, by participating in the Program and/or Program experiences, you agree that DCPS and/or their designees may use your name voice, photograph, image, likeness, address (city and state), biographical information, Program information and/or statements about the Program or Program experiences for advertising and publicity purposes in all media worldwide (including social media) at the discretion of DCPS without limitation, for an unlimited time and without further compensation or notice.

3.2 By participating in the Program, you consent to receiving electronic communications from DCPS. These communications will include notices about your account (e.g., change in password, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with the Program and you receive them as part of the Membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Cancellation of a Membership will not automatically opt you out of receiving email communications. You can refer to the Privacy Policy for instructions to opt out of receiving commercial emails from DCPS.

  1. TERM
    4.1 Your Membership will commence on the date it is registered and will continue until or unless you cancel your Membership or your Membership is terminated.
  2. MEMBERSHIP CANCELLATION
    5.1 You have the right to cancel your Membership at any time. To cancel your membership, go to your "My Account" page and click the "Cancel" link under the subscriptions tab. You can also cancel your Membership by providing written notice at (i) United@DallasCowboys.net or (ii) One Cowboys Way, Suite 100, Frisco, Texas, 75034, Attention: Dallas Cowboys United.
  3. DISCLAIMERS; LIMITATION OF LIABILITY
    6.1 THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DALLAS COWBOYS PRO SHOPS, L.P., DALLAS COWBOYS MERCHANDISING, LTD., DALLAS COWBOYS FOOTBALL CLUB, LTD., COWBOYS STADIUM, L.P., LEGENDS HOSPITALITY, LLC, AT&T SERVICES, INC., AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES ("PROVIDERS") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ANY WAY RELATED TO THE PROGRAM. PROVIDERS MAKE NO WARRANTY THAT THE (i) PROGRAM WILL MEET YOUR REQUIREMENTS, OR (ii) PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN NO EVENT WILL PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE PROGRAM, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PROGRAM DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  4. GOVERNING LAW
    7.1 These Terms, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to conflict of law principles.
  5. BINDING ARBITRATION
    8.1 Any controversy or claim arising out of or relating to these Terms (including any breach thereof) shall be settled by confidential arbitration in Dallas, Texas and administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude DCPS, from seeking any injunctive relief in State or Federal courts.
  6. CHANGES TO THE PROGRAM
    9.1 We may make changes to any or all benefits available to you under the Program at any time, with or without notice.
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