These Terms of Service ("Terms") govern your use of the web site (the "Service") operated by Fantasy Sports Ventures ("FSV") at www.fantasysportsventures.com (the "Site") and offered through the Fantasy Sports Ventures network of websites (the "FSV Sites"). Please read these Terms carefully. By using the Service, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the Service or access the Site.
1. Your Responsibilities.
You agree not to use the Service to: (a) violate any local, state, national, or international law or regulation; (b) post, upload or transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) post, upload or transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Service; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
2. User Submissions.
3. Copyright Infringement.
FSV respects the intellectual property rights of others. Accordingly, FSV has a policy of removing User Submissions that violate copyright law, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Service in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, FSV has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Service, please provide written notice to the following FSV agent for notice of claims of copyright infringement.
Fantasy Sports Ventures, Inc.
1500 Broadway, Suite 810
New York, New York 10036
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow FSV to locate that material, including a specific URL; (d) contain adequate information by which FSV can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owners agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to FSVs designated agent.
FSV may terminate your Service membership or suspend your access to all or part of the Service, without notice, if you violate these Terms or you engage in any conduct that FSV, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of FSV, any other Service user, or any third party. YOU AGREE THAT FSV SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Service at any time. FSV reserves the right to investigate your use of the Service in the event FSV, in its sole and absolute discretion, believes you have violated these Terms.
5. Modifications To Terms.
FSV may, in its sole and absolute discretion, change these Terms from time to time. FSV will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modifications To Service.
FSV reserves the right to modify or discontinue the Service with or without notice to you. YOU AGREE THAT FSV SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD FSV EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICE.
FSV reserves the right at any time to charge fees for access to new Service content or services or to portions of the existing Service content or services or to the Service as a whole. In no event will you be charged for access to any Service content or service, or to the Service as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
8. Password and Security.
9. Links and Advertising.
FSVs provision of a link to any other Web site or Internet resource is for your convenience only and does not signify FSVs endorsement of such other Web site or resource or its contents. YOU AGREE THAT FSV SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.
The FSV Sites sell advertising inventory and paid sponsorships across the FSV Sites, including on the Site, and advertising or sponsorship will be clearly identified as such. YOU AGREE THAT FSV SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION CONTAINED IN ADVERTISEMENTS ON THE SITE, NOR FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE THAT YOU MAY ACCESS BY CLICKING ON ANY ADVERTISEMENT ON THE SITE.
10. No Commercial Use.
You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the Service.
11. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FSV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). FSV MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE SERVICE IS NOT GUARANTEED AND THAT FSV SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SERVICE OR ITS UNAVAILABILITY. FSV MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FSV OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. Limitation of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FSV OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNTS) USE OF THE SERVICE.
13. Exclusions And Limitations.
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 and disclaimers may not apply to you. To the extent that FSV may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of FSVs liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless FSV, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms, including in connection with your User Submissions. FSV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FSVs defense of such claim.
"THE BIG LEAD," "STUBBORNLY UNCORRUPTED AND UNBEHOLDEN" and the FSV design, as well as certain other of the names, logos, and materials displayed in the Service constitute trademarks, trade names, service marks or logos ("Marks") of FSV or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with FSV or those other entities.
16. Copyrights; Restrictions on Use.
The content on the Site (the "Content"), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by FSV or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of FSV and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Dated: June 1, 2010