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1. Acceptance of Terms
Welcome to the Internet sites of Fantasy
Sports Commish, its affiliates and licensors
("Fantasy Sports Commish", “FSC”, "we", “our” or
"us"). We provide the service (as defined
herein) to you, subject to the following Terms
of Service ("TOS"), which may be updated by us
from time to time without prior notice to you.
You can review the most current version of the
TOS at any time at:
http://www.fantasysportscommish.com and
accessing the link “Terms of Service” at the
bottom of any web page on our site. In
addition, when using Fantasy Sports Commish
owned or operated services, you and Fantasy
Sports Commish shall be subject to the
guidelines or rules applicable to such service.
All such guidelines or rules are hereby
incorporated by reference into the TOS. We may
also offer other services that are governed by
different TOS.
2. Service Description
Fantasy Sports Commish currently provides
users with access to a rich collection of online
resources, including, fantasy sports games,
sports related news, contests, sweepstakes,
online forums, personalized content , branded
programming, and other content owned or licensed
by us, and merchandise and services offered by
our independent merchants through its network of
properties (the "Service"). Unless explicitly
stated otherwise, any new features that augment
or enhance the current Service, including the
release of new Fantasy Sports Commish
properties, shall be subject to these TOS. We
may change, suspend or discontinue any aspect of
the Service at any time. We may also impose
limits on certain features and services or
restrict access to parts of or all of the
Service without notice or liability. You
understand and agree that the Service is
provided "AS-IS" and that Fantasy Sports Commish
assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any
user communications or personalization settings.
In order to use the Service, you must obtain
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 provide all
equipment necessary to make such connection to
the World Wide Web, including a computer and
modem or other access device. You agree that
these TOS are personal to you and that you may
not resell, lease, license, assign or
redistribute the Service, in whole or in part,
to any third party. Fantasy Sports Commish also
may offer other services from time to time,
which are governed by different terms of
service.
3. Member Registration
Registration may be required for the use of
certain portions of the Service. Your
registration shall not impose any duty on us to
provide any particular service to you. If the
terms of any Fantasy Sports Commish registration
agreement conflict with the terms of this TOS,
the registration agreement shall control. In
consideration of your use of the Service, you
represent that you are of legal age to form a
binding contract and are not a person barred
from receiving services under the laws of the
United States or other applicable jurisdiction.
When you register you also agree to: (a) provide
true, accurate, current and complete information
about yourself as prompted by the Service's
registration forms (such information being the
"Registration Data ") and (b) maintain and
promptly update the Registration Data to keep it
true, accurate, current and complete. If you
provide any information that is untrue,
inaccurate, not current or incomplete, or
Fantasy Sports Commish has reasonable grounds to
suspect that such information is untrue,
inaccurate, not current or incomplete, we have
the right to suspend or terminate your account
and refuse any and all current or future use of
the Service (or any portion thereof).
4. Privacy Policy
Registration data and certain other
information about you are subject to our privacy
policy. For more information, see our full
privacy policy at:
http://www.fantasysportscommish.com and
access the Privacy Policy at the bottom of any
page.
5. Member Account, and Security
When you register you will receive a User ID
upon completing the Service’s registration
process. You are responsible for maintaining the
confidentiality of the assigned User ID, the
Password you entered, and you are fully
responsible for all activities that occur under
your User ID and password (“Your Account”). You
agree to (a) immediately notify us of any
unauthorized use of Your Account or any other
breach of security, and (b) logoff or close your
browser at the end of each session. We will not
be liable for any loss or damage arising from
your failure to comply with this Section 5.
6. Copyright; Trademark
The Service is protected by copyright
pursuant to U.S. copyright laws, international
conventions and other copyright laws. All
materials contained on the Service are protected
by copyright and are owned or controlled by
Fantasy Sports Commish or the party credited as
the provider of the content. You agree to abide
by any and all additional copyright notices,
information, or restrictions contained in any
part of the Service. Copying or storing any part
of the Service is expressly prohibited without
prior written permission from us or the
copyright holder as identified on the Service.
Fantasy Sports Commish and all other service
marks, trademarks and logos displayed on the
Service (collectively, the “Fantasy Sports
Commish Trademarks”) are the property of Fantasy
Sports Commish, its affiliates, or its
licensors. You agree not to display or use the
Fantasy Sports Commish Trademarks in any manner.
Elements of the Service including, but not
limited to, the "look and feel," are protected
by tradedress, trademark, copyright, unfair
competition, and other laws and may not be
copied or imitated in whole or in part. No logo,
graphic, sound or image from any Service may be
copied or retransmitted unless expressly
permitted by Fantasy Sports Commish.
7. Hyperlinks
The Service contains hyperlinks to other
World Wide Web sites which are not included as
part of the Service ("Other Site(s)"). If you
use the hyperlinks to access these Other Sites,
you will leave the Service and your browser will
be re-directed to the Other Sites. We may not
have reviewed the content of any Other Site, and
we do not warrant or make any representation
regarding any Other Site's accuracy or
authenticity. The hyperlinks to Other Sites do
not constitute an endorsement by Fantasy Sports
Commish of any Other Site(s) resources or their
content. We only provide these links to you as a
convenience, and the inclusion of any link does
not imply endorsement by us of the Other Site.
Any Other Site that links to the Service: (a)
shall not create a browser or border environment
around any of the content of the Service; (b)
may link to, but not replicate, Fantasy Sports
Commish content; (c) shall not imply that
Fantasy Sports Commish is endorsing or
sponsoring it or its products; (d) shall not
present false information about Fantasy Sports
Commish or its products or services; (e) shall
not use Trademarks without the prior written
permission from Fantasy Sports Commish; and (f)
shall not contain content that could be
construed as distasteful, offensive or
controversial. Notwithstanding anything to the
contrary contained in this TOS, we reserve the
right to deny permission to link to the Service
from any Website for any reason in our sole and
absolute discretion.
8. Representations and Warranties
You represent, warrant and covenant that you
will not upload, post, transmit, distribute or
otherwise publish through the Service any
materials which: (a) restrict any other user
from using and enjoying the Service; (b) are
unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or
indecent; (c) encourage conduct that would
constitute a criminal offense, give rise to
civil liability, or otherwise violate the law;
(d) violate, plagiarize or infringe the rights
of any third party including, without
limitation, copyright, trademark, patent, rights
of privacy or publicity, or any other right of
any third party; (e) contain a virus or other
harmful or potentially harmful component; (f)
contain any unsolicited or unauthorized
advertising, promotional materials, spam, or any
other kind of solicitation; and/or (g)
constitute or contain false or misleading
indications of origin or statements of fact. You
acknowledge that we may or may not pre-screen
Content, but that Fantasy Sports Commish and its
designees shall have the right (but not the
obligation) in their sole discretion to
pre-screen, refuse, move, or remove any Content
that is available via the Service at any time.
Without limiting the foregoing, Fantasy Sports
Commish and its designees shall have the right
to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated
with the use of any Content, including any
reliance on the accuracy, completeness, or
usefulness of such Content. You acknowledge,
consent and agree that we may access, preserve,
and disclose your account information and
Content if required to do so by law or in a good
faith belief that such access preservation or
disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates
the rights of third-parties; (d) respond to your
requests for customer service; or (e) protect
the rights, property, or personal safety of
Fantasy Sports Commish, its management,
employees, customers, vendors, and the general
public. You understand that the technical
processing and transmission of the Service,
including your Content, may involve (a)
transmissions over various networks; and (b)
changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software
embodied within the Service may include security
components that permit digital materials to be
protected, and use of these materials is subject
to usage rules set by us and/or content
providers who provide content to the Service.
You may not attempt to override or circumvent
any of the usage rules embedded into the
Service. Any unauthorized reproduction,
publication, further distribution or public
exhibition of the materials provided on the
Service, in whole or in part, is strictly
prohibited.
9. Service Content and Information
The Service contains information, advice,
text, materials, and goods and services
(collectively, the "Materials") that are
provided for your convenience and enjoyment.
Third parties, including but not limited to our
licensors, provide some of the Materials. You
should be aware that the Materials might contain
errors, omissions, inaccuracies, outdated
information, and inadequacies and that the
Materials may be subject to terms and conditions
which may be found on the Service or in the
documents and policies of third parties. Fantasy
Sports Commish makes no representations or
warranties as to the completeness, accuracy,
adequacy, currency or reliability of any
Materials and will not be liable for any lack of
the foregoing. Third party advertisers may offer
goods, services and other materials to you on
the Service. Your correspondence and business
dealings with advertisers found on or through
the Service including, but not limited to, the
payment and delivery of goods and services, and
any terms, conditions, warranties and
representations associated with such dealings,
are solely between you and the advertiser. You
agree that we will not be responsible or liable
for any loss or damage of any sort incurred as
the result of any such dealings or the offering
of such goods, services, and other Materials by
third parties on the Service. Descriptions of,
or references to, products or publications
within the Service do not imply endorsement of
that product or publication. We do not represent
or warrant that every action you take with
regard to your account and related activities on
the Service will be lawful in any particular
jurisdiction. It is incumbent upon you to know
the laws that pertain to you in your
jurisdiction and act lawfully at all times when
using the Service.
10. International Use
Recognizing the global nature of the
Internet, you agree to comply with all local
rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with
all applicable laws regarding the transmission
of technical data exported from the United
States or the country in which you reside.
11. Content Submitted or Made Available
for Inclusion on the Service
Fantasy Sports Commish does not claim
ownership of Content you submit or make
available for inclusion on the Service. However,
with respect to Content you submit or make
available for inclusion on publicly accessible
areas of the Service, you grant us the following
world-wide, royalty free and non-exclusive
perpetual license(s), as applicable: With
respect to Content you submit or make available
in connection with your use of the Service or
for inclusion on publicly accessible areas of
Fantasy Sports Commish Bulletin Boards or for
display in other public forums (collectively
“Forums”), the license to use, distribute,
reproduce, modify, adapt, publicly perform and
publicly display such Content (in whole or in
part) on the Service. "Publicly accessible"
areas of the Service are those areas of the
Fantasy Sports Commish network of properties
that are intended by Fantasy Sports Commish to
be available to the general public. By way of
example, publicly accessible areas of the
Service would include Bulletin Boards, Forums,
and Message Boards that are open to both members
and visitors. However, publicly accessible areas
of the Service would not include portions of our
Services that are restricted to individual
users.
12. Indemnity
You agree to indemnify and hold Fantasy
Sports Commish, and its subsidiaries,
affiliates, owners, officers, managers,
employees, attorneys, accountants, agents,
licensors, co-branders, and advertisers,
harmless from any claim or demand, including
reasonable attorneys' fees, made by any third
party due to or arising out of Content you
submit, post, transmit or make available through
the Service, your use of the Service, your
connection to the Service, your violation of the
TOS, or your violation of any rights of another.
13. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT,
SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS,
GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE
PROVIDED "AS IS." TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, FANTASY SPORTS COMMISH AND
ITS LICENSORS,SUBSIDIARIES AND AFFILIATES MAKE
NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS
OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON
AND PROVIDED THROUGH THE SERVICE; (B) THE
MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES
AND INFORMATION SENT FROM THE SERVICE BY USERS;
(D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD
PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES;
AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE SERVICE OR ANY LINKED SITE. FANTASY
SPORTS COMMISH DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SERVICE OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL
BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. Fantasy Sports Commish
DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF
THE SERVICE IS LAWFUL IN ANY PARTICULAR
JURISDICTION AND, IN ANY EVENT, SPECIFICALLY
DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY
USING ANY OF THE FEATURES OF THE SERVICE, YOU
ACT AT YOUR OWN RISK, AND YOU REPRESENT AND
WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY
JURISDICTION WHERE YOU ACCESS OR USE THE
SERVICE. FURTHER, Fantasy Sports Commish AND ITS
SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS
OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, NONINFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FANTASY SPORTS
COMMISH BE LIABLE FOR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE
INABILITY TO USE, OR THE PERFORMANCE OF, THE
SERVICE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR
Fantasy Sports Commish HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION
BASED ON CONTRACT, NEGLIGENCE OR TORT. IN NO
EVENT SHALL FANTASY SPORTS COMMISH'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR
CAUSES OF ACTION EXCEED THE AMOUNT THAT YOU HAVE
PAID US TO USE ANY PART OF THE SERVICE. FURTHER,
YOU AGREE THAT IN NO EVENT SHALL ANY LEGAL
ACTION BE BROUGHT BY YOU AGAINST US MORE THAN
SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUED.
15. Governing Law
THIS AGREEMENT AND THE INTERPRETATION OF ITS
TERMS SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF
GEORGIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS
RULES.
16. Jurisdiction and Venue=
The parties irrevocably submit and consent
to the exclusive jurisdiction and venue of the
Georgia state courts in and for Laurens County,
Georgia and the Federal Courts in and for the
Georgia district. The parties agree not to raise
the defense of forum non-conveniens.
17. Notices
Whenever, under the provisions of this TOS,
you are required or permitted to give notice to
Fantasy Sports Commish, you shall give the
notice in writing. It shall be deemed given
either when delivered personally, or by courier,
or three days after mailing, postage prepaid by
registered or certified mail, return receipt
requested, addressed to Fantasy Sports Commish
at the following address:
Fantasy Sports Commish
c/o Tucker Networking, Inc.
PO Box 4795
Dublin, GA 31040
Whenever, under the provisions of this TOS, we
are required or permitted to give notice to you,
we may send an e-mail to the address provided by
you when you registered with the Service. If you
have not provided an accurate e-mail address or
if you have not registered with the Service, we
may, but are not obligated to, send a notice to
you in any reasonable way.
18. Miscellaneous
This TOS contains the agreement between us
with respect to the use of the Service and
supersedes any and all other prior written or
oral agreements between us. Please note,
however, that registration data and certain
other information about you are also subject to
the terms of our privacy policy.
Any item contained in this TOS are inserted only
as a matter of convenience or for reference and
in no way define, limit, extend, or describe the
scope of this TOS or the intent of any provision
of this TOS. It is the intent of the parties
that neither this TOS, nor any covenant in this
TOS, shall be construed against either party
pursuant to the common law rule of construction
against the drafter. It is the intent of the
parties that said rule not be applicable to this
TOS. Each provision of this TOS shall be
considered severable and if for any reason any
provision or provisions hereof are determined to
be invalid and contrary to any existing or
future law, such invalidity shall not impair the
operation of or affect those portions of this
TOS that are valid. |