| 1. Acceptance
of Terms
Welcome to the Internet sites of Your Fantasy Team Sucks,
LLC, its affiliates and licensors ("Your Fantasy
Team Sucks, LLC", "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.Your Fantasy Team Sucks, LLC.com/ and accessing
the link “Terms of Service” at the bottom
of any web page on our site. In addition, when using
Your Fantasy Team Sucks, LLC owned or operated services,
you and Your Fantasy Team Sucks, LLC 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
Your Fantasy Team Sucks, LLC 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 Your Fantasy Team Sucks, LLC 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
Your Fantasy Team Sucks, LLC 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. Your Fantasy Team Sucks,
LLC 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 Your Fantasy Team Sucks,
LLC 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 Your
Fantasy Team Sucks, LLC 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.Your Fantasy
Team Sucks, LLC.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 Your Fantasy Team Sucks, LLC 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.
Your Fantasy Team Sucks, LLC and all other service marks,
trademarks and logos displayed on the Service (collectively,
the “Your Fantasy Team Sucks, LLC Trademarks”)
are the property of Your Fantasy Team Sucks, LLC, its
affiliates, or its licensors. You agree not to display
or use the Your Fantasy Team Sucks, LLC 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 Your Fantasy Team Sucks, LLC.
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 Your
Fantasy Team Sucks, LLC 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,
Your Fantasy Team Sucks, LLC content; (c) shall not
imply that Your Fantasy Team Sucks, LLC is endorsing
or sponsoring it or its products; (d) shall not present
false information about Your Fantasy Team Sucks, LLC
or its products or services; (e) shall not use Trademarks
without the prior written permission from Your Fantasy
Team Sucks, LLC; 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
Your Fantasy Team Sucks, LLC 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, Your Fantasy Team Sucks,
LLC 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 Your Fantasy Team Sucks, LLC, 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. Your Fantasy Team Sucks,
LLC 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
Your Fantasy Team Sucks, LLC 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 Your
Fantasy Team Sucks, LLC Bulletin Boards or for diplay
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 Your Fantasy
Team Sucks, LLC network of properties that are intended
by Your Fantasy Team Sucks, LLC 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 Your Fantasy Team Sucks,
LLC, 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, YOUR FANTASY TEAM SUCKS LLC 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. YOUR FANTASY TEAM SUCKS LLC 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. YOUR
FANTASY TEAM SUCKS LLC 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,
YOUR FANTASY TEAM SUCKS LLC 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 YOUR FANTASY TEAM SUCKS
LLC Fantasy Team Sucks, LLC 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 YOUR FANTASY TEAM SUCKS
LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR
TORT. IN NO EVENT SHALL YOUR FANTASY TEAM SUCKS LLC'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 NEW JERSEY, 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 New Jersey state courts
in and for Ocean County, New Jersey and the Federal
Courts in and for the New Jersey 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 Your Fantasy
Team Sucks, LLC, 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 Your Fantasy Team Sucks, LLC
at the following address:
Your Fantasy Team Sucks, LLC
PO Box 1012
Ocean Gate, NJ 08740
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. |
