Fantasy Sports Game Master.com
Terms of Service
By using the services on the Fantasy Sports Game Master.com websites (Fantasy Sports Game Master.com and other related websites) (the "Sites"), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "Terms of Service") with Fantasy Sports Game Master.com. As a user of the Sites, you acknowledge you have read and accept all of the terms and conditions in, and linked to, this Agreement and the Privacy Policy.
You may participate in contests on the Sites by agreeing to and accepting the Game Rules for that particular contest. You will be charged fees according to the Game Rules, which may change from time to time. All fees are quoted in U.S. Dollars.
You shall not upload, post, transmit, email, distribute, or otherwise publish through the service any materials, or take any actions which: (1) interfere with any other user from using the service; (2) are unlawful, threatening, abusive, false, misleading, libelous, defamatory, harassing, racially or ethnically offensive, obscene, pornographic, profane, or indecent; (3) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (4) violate or infringe the rights of Fantasy Sports Game Master.com or any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (5) contain a virus, worm or other computer code that interrupts, destroys, or limits the functionality of any software or hardware; (6) contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; (7) use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission; (8) imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; and/or (9) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Sites without the prior express written permission of Fantasy Sports Game Master.com and the appropriate third party, as applicable.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with our policies.
When you give us content, you grant us, solely for the purpose of the Sites' services, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the trademark, copyright, and publicity rights you may have in the content, in any media known now or in the future. We need these rights in order to host and display your content and images.
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, 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 GAME MASTER.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONALITY OF THE SERVICE; AND (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS. FANTASY SPORTS GAME MASTER.COM DOES NOT WARRANT THAT THE FUNCTIONALITY 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 GAME MASTER.COM DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK. FURTHER, FANTASY SPORTS GAME MASTER.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. FANTASY SPORTS GAME MASTER.COM SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL FANTASY SPORTS GAME MASTER.COM 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 FORESEEABLE OR FANTASY SPORTS GAME MASTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. IN NO EVENT SHALL FANTASY SPORTS GAME MASTER.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE FEES PAID BY YOU FOR THE SERVICE IN THE PRECEDING TWELVE MONTHS.
You agree to defend, indemnify and hold harmless Fantasy Sports Game Master.com (and our officers, directors, agents, subsidiaries, joint ventures and employees), with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the service. Notwithstanding the foregoing, Fantasy Sports Game Master.com retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Fantasy Sports Game Master.com and in no event shall you settle any such claim without Fantasy Sports Game Master.com's prior written approval.
Legal notices or business inquiries for Fantasy Sports Game Master.com should be sent to Fantasy Sports Game Master.com, 5175 Bucknall Road, San Jose, CA 95130.
This Agreement is effective as of June 1st, 2007. We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Sites. Additionally, we may notify you through the Sites' message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state courts in and for Macomb County, Michigan and the Federal Courts in and for the Southeastern District of Michigan. You agree not to challenge the jurisdiction or venue stated herein. If any provision of this Agreement shall be held invalid or unenforceable, such holding shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.
