Fantasy Postseason, LLC - Terms of Service (TOS)

Revised Date: February 8, 2014

 

1)     INTRODUCTION

Welcome to Fantasy Postseason, LLC's fantasy sports web site located at www.fantasypostseason.com  

The following Terms of Service is a legal contract between you and Fantasy Postseason, LLC regarding your use of our web site.  Use and participation of our web site is contingent upon your acceptance of the following terms and rules; by using the FantasyPostseason.com web site, you accept these terms.  If at any period you do not agree to these terms, please immediately terminate your use of this site.

 

2)     AMENDMENT

Fantasy Postseason, LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time.  Please check these Terms periodically for changes; your continued use of the site after the posting of changes constitutes your binding acceptance of such changes. 

 

3)     LICENSES AND REPRESENTATIONS

The site is owned and operated by Fantasy Postseason, LLC.  The visual interfaces, graphics, design, compilation, information, computer code (source or object), are the property of Fantasy Postseason, LLC.  You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials, including content.

You are solely responsible for your content and the consequences of posting or publishing it. By uploading and publishing your content, you affirm, represent, and warrant that you are the creator/owner of or have the necessary licenses, rights, consents, and permissions to use it.  By posting messages, uploading files, inputting data, or engaging in any other form of communication through the FantasyPostseason.com web site, you hereby waive any and all rights to any concepts, ideas, opinions, and any other creative materials posted on our web site. You authorize Fantasy Postseason, LLC to utilize, royalty-free, in any manner it sees fit and for eternity, the materials posted on the site, which shall become our property and shall include the right to exploit any proprietary rights in such communication, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.


4)     STATISTICAL DATA

Certain sports content herein has been supplied by SPORTSDATA LLC. Any commercial use or distribution without the express written consent of SPORTSDATA LLC is strictly prohibited.


5)     DISCLAIMERS

a)      NO WARRANTIES.  FANTASY POSTSEASON, LLC DISCLAIMS ALL WARRANTIES.  THE CONTENT OF OUR SITE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED WITHIN. THE SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS.   GIVEN THE INTERACTIVE NATURE OF OUR SITE, WE CANNOT ENDORSE, GUARANTEE, OR BE RESPONSIBLE FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT GENERATED BY OUR USERS.

b)     "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS".  YOU EXPRESSLY AGREE THAT USE OF THE FANTASYPOSTSEASON.COM SITE IS AT YOUR SOLE RISK.  THE SITE AND ANY DATA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  FANTASY POSTSEASON, LLC DOES NOT WARRANT OR MAKE REPRESENTATIONS OF ANY KIND REGARDING THE USE OR RESULTS OF THE SITE, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

c)     Site Operation and Content.  Fantasy Postseason, LLC does not warrant that the data, content, functions, or any other information on the site or reference sites will be uninterrupted, or free of errors, viruses, or other harmful components, and do not warrant that any will be corrected.  You agree that any use of the site will be at your own discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download of such material.

d)     Third-Party Sites, Products and Services. The FantasyPostseason.com web site may include links or references to other web sites or services solely as a convenience to users.  Fantasy Postseason, LLC does not endorse any such Third-Party Sites or the information, materials, products, or services contained therein. In addition, your correspondence or business dealings with, or participation in promotions of, third parties found on or through the site, are solely between you and such third party. Access and use of third-party sites is solely at your own risk.  You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites.

e)     No Affiliation.  You acknowledge that Fantasy Postseason, LLC is not in any way affiliated with or endorsed by Major League Baseball, the National Basketball Association, the National Football League, the National Hockey League, the National Collegiate Athletic Association, or any other professional sports or collegiate organization.

f)      Gambling/Wagering.  FANTASYPOSTSEASON.COM IS NOT A GAMBLING WEBSITE. Fantasy Postseason, LLC does not participate in any gambling activities whatsoever. All material and information provided on our website is for entertainment and informational purposes only, and shall not be construed as a placement, acceptance, or recommendation to place or accept any wagers or bets. Further, the use of FantasyPostseason.com for any form of illegal gambling will result in the termination of user access, and could possibly result in the referral to the proper authorities.

g)      Privacy.  Although your privacy is of extreme importance to us, Fantasy Postseason, LLC will fully cooperate with any law enforcement authorities or court order requesting us to disclose any information including, without limitations, the identity of anyone engaging in any suspected fraudulent, abusive, illegal activity or otherwise.

 


6)     ACCOUNTS

Some services on the FantasyPostseason.com web site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes, and acknowledge that you are 13 years of age or older. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, name, likeness, voice, image or photograph.

You also agree to promptly notify us at admin@fantasypostseason.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the FantasyPostseason.com web site.  You shall be liable for the losses incurred by Fantasy Postseason, LLC or others due to any unauthorized use of your site account.

 

7)     RULES OF CONDUCT

The following Rules of Conduct apply to the FantasyPostseason.com web site.  By using our site, you agree that you will not distribute any of the following:

a)     A Submission that is abusive, bigoted, defamatory, harmful, profane, racial, sexual, threatening, or vulgar. This includes attempts to circumvent our profanity filters in any way.

b)     A Submission that is fraudelent, libelous, or slanderous.

c)     A Submission that is pornographic or obscene.

d)     A Submission that is illegal or one that encourages/advocates illegal activity.

e)     A Submission that contains any material protected by copyright, trademark or other proprietary right (without the express permission of the owner of such copyright, trademark or other proprietary interest). This includes copies of articles in their entirety from other sources.

f)      A Submission that invades another person's right to privacy (without their express permission to infringe on those rights).

g)      A Submission that contains your personal information (addresses, phone numbers, passwords or any other private information). Any information you provide is at your own risk.

h)     A Submission that is commercial or business-related, that advertises or attempts to sell any products/services, or solicits others for contributions or donations.

i)      A Submission that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the FantasyPostseason.com web site or any connected network.

Fantasy Postseason, LLC cannot and does not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and you hereby assume all risk of harm or injury resulting from any such lack of compliance. 

Fantasy Postseason, LLC is under no obligation to moderate or police any of the content on its site (forums, message boards, or any other forms of communication). Non-enforcement or failure of strict enforcement outlined in these Terms should not be construed as a waiver of our rights; we will moderate only when deemed necessary and at our sole discretion.

Violators of these Rules of Conduct may be subject to criminal and civil liability; we reserve all rights and remedies against any users who violate these terms.

 


8)     TERMINATION

You agree that Fantasy Postseason, LLC, in its sole discretion, for any or no reason and without penalty, may terminate any account you may have with us, and remove and discard all or any part of your account, user profile, and content, at any time.

Fantasy Postseason, LLC may also in its sole discretion and at any time discontinue providing access to the site, or any part thereof, with or without notice. You agree that any termination of your access to the site (or any account you may have), may be effected without prior notice, and you agree that Fantasy Postseason, LLC will not be liable to you or any third party for any such termination.

 

9)     INDEMNIFICATION

You agree to indemnify, save, and hold Fantasy Postseason, LLC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use/misuse of our web site, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.



10)     LIMITATION OF LIABILITY / DAMAGES

Under no circumstances, including negligence, shall Fantasy Postseason, LLC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners, be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages including lost profits, personal injury, and property damage of any nature whatsoever that result from the use of, or the inability to use, the FantasyPostseason.com web site or content.

In no event shall our total liability to you for all damages, losses, and causes of action whether in contract, tort, or otherwise exceed the amount paid by you, if any, or $100 (whichever is less) for accessing or participating in any activity related to the FantasyPostseason.com web site.

The limitations, exclusions, and disclaimers in this section and elsewhere in these Terms of Service apply to the maximum extent permitted by law.

 

11)  REMEDY

Your only remedy with respect to any dissatisfaction with the FantasyPostseason.com web site, any aspect of this Terms of Service, any policy or practice of the operation of this site, or any content or information transmitted through the site, is to terminate this Terms of Service by discontinuing use of any and all parts of the site.

 

12)  GENERAL PROVISIONS

You agree that any cause of action you may have arising out of or related to these Terms of Service or the FantasyPostseason.com web site must commence within one year after the cause of action accrues; otherwise such cause of action shall be permanently barred.

These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law.

YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR FANTASY POSTSEASON, LLC WILL BE FILED ONLY IN THE STATE OR FEDERAL COURTS IN AND FOR NORTH CAROLINA, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION.