Agreement between user and www.FantasyPlayerPicks.com
Welcome to www.FantasyPlayerPicks.com.
The www.FantasyPlayerPicks.com website
(the “Site”) is comprised of various web pages operated by FantasyPlayerPicks.com. www.FantasyPlayerPicks.com is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the “Terms”). Your use of www.FantasyPlayerPicks.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a
copy of them for your reference.
www.FantasyPlayerPicks.com is a News and Information Site.
Privacy
Your use of www.FantasyPlayerPicks.com is
subject to FantasyPlayerPicks.com’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting www.FantasyPlayerPicks.com or
sending emails to FantasyPlayerPicks.com constitutes electronic communications.
You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically, via email and on the Site, satisfy any legal requirement
that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. You may not assign or otherwise transfer your account to
any other person or entity. You acknowledge that FantasyPlayerPicks.com is not
responsible for third party access to your account that results from theft or
misappropriation of your account. FantasyPlayerPicks.com and its associates
reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
FantasyPlayerPicks.com does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are under
18, you may use www.FantasyPlayerPicks.com only
with permission of a parent or guardian.
Links to third party sites/Third party services
www.FantasyPlayerPicks.com may
contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of FantasyPlayerPicks.com and FantasyPlayerPicks.com is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. FantasyPlayerPicks.com is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by FantasyPlayerPicks.com
of the site or any association with its operators.
Certain services made available via www.FantasyPlayerPicks.com are
delivered by third party sites and organizations. By using any product, service
or functionality originating from the www.FantasyPlayerPicks.com domain,
you hereby acknowledge and consent that FantasyPlayerPicks.com may share such
information and data with any third party with whom FantasyPlayerPicks.com has a
contractual relationship to provide the requested product, service or
functionality on behalf of www.FantasyPlayerPicks.com users
and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access
and use www.FantasyPlayerPicks.com strictly
in accordance with these terms of use. As a condition of your use of the Site,
you warrant to FantasyPlayerPicks.com that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site
in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party’s use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site,
is the property of FantasyPlayerPicks.com or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will
not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. FantasyPlayerPicks.com content is
not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of FantasyPlayerPicks.com
and the copyright owner. You agree that you do not acquire any ownership rights
in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of FantasyPlayerPicks.com or our licensors except as
expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not: defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded, restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
FantasyPlayerPicks.com has no obligation to monitor the Communication Services.
However, FantasyPlayerPicks.com reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. FantasyPlayerPicks.com
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
FantasyPlayerPicks.com reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in FantasyPlayerPicks.com’s sole
discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. FantasyPlayerPicks.com
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, FantasyPlayerPicks.com specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized FantasyPlayerPicks.com spokespersons, and
their views do not necessarily reflect those of FantasyPlayerPicks.com. Materials
uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you upload the materials.
Materials provided to www.FantasyPlayerPicks.com or
posted on any FantasyPlayerPicks.com web page
FantasyPlayerPicks.com does not claim ownership of the materials you provide
to www.FantasyPlayerPicks.com (including
feedback and suggestions) or post, upload, input or submit to any FantasyPlayerPicks.com
Site or our associated services (collectively “Submissions”). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting FantasyPlayerPicks.com, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. FantasyPlayerPicks.com is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in FantasyPlayerPicks.com’s
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
Third Party Accounts
You will be able to connect your FantasyPlayerPicks.com account to third party
accounts. By connecting your FantasyPlayerPicks.com account to your third party
account, you acknowledge and agree that you are consenting to the continuous
release of information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want information about you
to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by FantasyPlayerPicks.com
from our offices within the USA. If you access the Service from a location
outside the USA, you are responsible for compliance with all local laws. You
agree that you will not use the FantasyPlayerPicks.com Content accessed
through www.FantasyPlayerPicks.com in
any country or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to indemnify, defend and hold harmless FantasyPlayerPicks.com, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys’ fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. FantasyPlayerPicks.com reserves the right,
at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate with FantasyPlayerPicks.com in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. FANTASYPLAYERPICKS.COM AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. FANTASYPLAYERPICKS.COM
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT
WARRANTY OR CONDITION OF ANY KIND. FANTASYPLAYERPICKS.COM AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANTASYPLAYERPICKS.COM
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF FANTASYPLAYERPICKS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
FantasyPlayerPicks.com reserves the right, in its sole discretion, to terminate
your access to the Site and the related services or any portion thereof at any
time, without notice. To the maximum extent permitted by law, this agreement is
governed by the laws of the State of California and you hereby consent to the
exclusive jurisdiction and venue of courts in California in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and FantasyPlayerPicks.com as a result of this
agreement or use of the Site. FantasyPlayerPicks.com’s performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of FantasyPlayerPicks.com’s right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by FantasyPlayerPicks.com
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and FantasyPlayerPicks.com with respect to the Site and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and FantasyPlayerPicks.com
with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be written in
English.
Changes to Terms
FantasyPlayerPicks.com reserves the right, in its sole discretion, to change the
Terms under which www.FantasyPlayerPicks.com is
offered. The most current version of the Terms will supersede all previous
versions. FantasyPlayerPicks.com encourages you to periodically review the Terms
to stay informed of our updates.
Contact Us
FantasyPlayerPicks.com welcomes your questions or comments regarding the Terms:
Email Address: hello@FantasyPlayerPicks.com