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Brown University Athletics: Top Legal Risks in Terms & Conditions Exposed

Our analysis of Brown University Athletics' Terms & Conditions reveals critical legal risks, including ambiguous IP rights, unenforceable dispute resolution, and compliance gaps. Discover actionable solutions.

## Uncovering Legal Risks in Brown University Athletics' Terms & Conditions

When we examined Brown University Athletics' digital platform terms, our analysis revealed several legal and logical issues that could expose the university and its users to significant financial and regulatory risks. In today's regulatory climate, even a single compliance misstep can result in fines exceeding $100,000 or trigger costly litigation under laws like the GDPR, CCPA, or the Americans with Disabilities Act (ADA).

1. Ambiguous Intellectual Property (IP) License for User Submissions The current terms grant SIDEARM Sports a perpetual, worldwide, royalty-free license to user submissions with broad sublicensing rights. However, the language does not clarify the scope of permitted uses, nor does it address user moral rights or revocation. This ambiguity could lead to disputes over content ownership, especially if user-generated content is commercialized or repurposed. In the event of a copyright claim, litigation costs can easily exceed $50,000 per incident.

Legal Analysis
high Risk
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You grant SIDEARM Sports a perpetual, nonexclusive, world-wideworldwide, royalty free, sub-licensablefree license to the Submissions, which includes without limitation the right for SIDEARM Sports or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitationdistribute your Submissions solely in connection with the operation and promotion of the Services, subject to your right to adapt to streamingrevoke this license upon written notice. SIDEARM Sports will not commercialize, downloadingsublicense, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or tomodify your Submissions beyond the Services orscope necessary for service provision without your express written consent. This license does not waive any other of our Web Sites, including any Submission posted on or to the Services through a third partymoral rights you may hold under applicable law.

Legal Explanation

The original clause is overly broad, lacks revocation rights, and does not address user moral rights, increasing the risk of copyright disputes and unenforceability. The revision narrows the scope, adds revocation, and aligns with best practices for user-generated content.

2. Unilateral Modification of Terms Without Adequate Notice The terms allow SIDEARM Sports to change, add, or remove portions of the agreement at any time, with changes effective immediately upon posting. This clause lacks a clear notice mechanism and does not provide users with a reasonable opportunity to review or reject changes. Courts have routinely found such provisions unenforceable, exposing the company to class action risk and regulatory scrutiny. Potential damages from an adverse class action could reach seven figures.

Legal Analysis
critical Risk
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We may change, add or remove portions ofupdate these Terms of Service at anyfrom time to time. Any suchmaterial changes shall become effective immediately upon posting. Therefore, it is your responsibilitywill be communicated to review these Terms of Service prior to eachyou via email or prominent notice on the Services at least 30 days before taking effect. Continued use of our Web Sites and by continuing to use our Web Sites,the Services after the effective date constitutes acceptance of the revised terms. If you do not agree to anythe changes, you may terminate your account prior to the effective date without penalty.

Legal Explanation

Immediate, unilateral changes without notice are generally unenforceable and expose the company to class action risk. The revision introduces advance notice and opt-out rights, aligning with consumer protection standards and case law.

3. Overbroad Limitation of Liability and Warranty Disclaimer The terms broadly disclaim all warranties and limit liability, but do not carve out exceptions for gross negligence, willful misconduct, or statutory consumer rights. This overreach may render the clause unenforceable under state consumer protection laws, exposing the university to uncapped liability and regulatory penalties. For example, statutory damages under the Missouri Merchandising Practices Act can reach $1,000 per violation, quickly escalating in aggregate.

Legal Analysis
high Risk
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THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “PROVIDED "AS IS” BASIS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDINGEXCEPT THAT THIS DISCLAIMER DOES NOT APPLY TO LIABILITY ARISING FROM GROSS NEGLIGENCE, WITHOUT LIMITATIONWILLFUL MISCONDUCT, WARRANTIES OF TITLE OR IMPLIED WARRANTIESVIOLATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSESTATUTORY CONSUMER RIGHTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICESNOTHING IN THIS AGREEMENT SHALL LIMIT LIABILITY WHERE SUCH LIMITATION IS AT YOUR SOLE RISKPROHIBITED BY LAW.

Legal Explanation

The original clause attempts to disclaim all liability, including for gross negligence and statutory violations, which courts routinely find unenforceable. The revision carves out exceptions required by law, improving enforceability and reducing regulatory risk.

4. Accessibility Compliance Delegation and ADA Risk While the terms reference WCAG 2.0 compliance, they shift responsibility for accessible content entirely to partner schools and users. This delegation does not absolve the platform from liability under the ADA or similar laws. Recent ADA website accessibility settlements have averaged $25,000–$75,000 per case, with reputational damage and remediation costs adding further risk.

Legal Analysis
high Risk
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SIDEARM Sports makes reasonable efforts towill ensure that its CMS isand all core platform features are fully compliant with Web Content Accessibility Guidelines (WCAG) 2.0 requirements. This includes designing sites to be as inclusive as possible1 AA standards and applicable accessibility laws, so SIDEARM Sports’ partner schools haveincluding the opportunity to make all generated content accessible to their fansADA. In the event SIDEARM Sports does not meet the standards set forth by a school partner’s interpretation of WCAG 2.0, SIDEARM Sports will work with the school and its staff to address any concerns. While SIDEARM Sports can provide the above assurances, it cannot control nor is it responsiblepartner schools will share responsibility for any contentensuring that is uploaded to its CMS. This includes, but is not limited to, textualall content, photosincluding user-uploaded materials, graphics, audio, or video filesmeets accessibility requirements. It is the responsibility of each school partner, and specifically the users of SIDEARM Sports’ system will provide tools, training, and support to upload content that meets the above requirementsassist users in maintaining compliance, and will promptly remediate any accessibility issues identified.

Legal Explanation

Delegating all accessibility responsibility to users does not absolve the platform from liability under the ADA or similar laws. The revision clarifies shared responsibility and proactive compliance, reducing legal and reputational risk.

Conclusion: Proactive Legal Safeguards Are Essential Our analysis highlights four critical areas where Brown University Athletics' Terms & Conditions could be strengthened to mitigate legal and financial exposure. Addressing these issues proactively can prevent costly litigation, regulatory fines, and reputational harm.

  • How robust are your current digital platform agreements against evolving regulatory standards?
  • Are your IP and accessibility clauses defensible in court and compliant with federal law?
  • What is your plan for continuous legal risk monitoring?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai's terms of service for liability limitations.