1. Acceptance of Terms
FantasyLineup.com ("FantasyLineup", "we" or "us") provides 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 notice to you. It is important for you to refer to this TOS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this TOS. Your use of the Service constitutes your acceptance of the TOS.FantasyLineup currently provides users with access to a collection of online resources, including, communications tools, online forums, shopping services, personalized content and branded programming 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 Fantasy Lineup properties, shall be subject to these TOS. FantasyLineup may change, suspend or discontinue any aspect of the Service at any time. FantasyLineup may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. 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. FantasyLineup also may offer other services from time to time, which are governed by different terms of services. These TOS specifically do not apply to any sports affiliated site.
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. FantasyLineup may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site(s), does 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 FantasyLineup of any Other Site(s) or resources, or their content. FantasyLineup is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by FantasyLineup of the Other Site.
4. FantasyLineup Fantasy Football, NASCAR, and March Madness Service.
· FantasyLineup Fantasy Entertainment Service is free unless you choose to enter an entry fee league(s). Your registration fee for the FantasyLineup Fantasy Entertainment Service (FLFE) gives you access to the features of the FLFE Service from the time you register through the remainder of the Term. The payment that you provide through our merchant account as part of your registration data will be billed for the current FLFE Service. You acknowledge and agree that you are solely responsible for providing accurate and up to date credit card information in connection with your registration for the FLFE Service and your failure to provide accurate and up to date information which permits us to bill your credit card will result in the denial of your use of the FLFE Service. All currency references are in U.S. dollars and can be translated through our merchant account. Please note that your payment for the FLFE Service, is non-refundable, and you may not cancel your FLFE Service before the end of the Term.
· Access to the Internet will not be provided. FantasyLineup shall not be obligated to, and you acknowledge that FantasyLineup will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You shall be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can access the FLFE Service and the FantasyLineup Content.
· Revision of the FLFE Service. FantasyLineup may modify, suspend or discontinue any aspect of the FLFE Service at any time, including, without limitation, the availability of any FantasyLineup Content. FantasyLineup may also impose limits on certain features and services or restrict your access to parts or all of the FLFE Service and/or the FantasyLineup Content without notice or liability of any kind.
· No Resale of the FLFE Service. You agree that this FLFETOS is personal to you and that you may not resell, lease, license, assign, redistribute or otherwise transfer any portion of the FLFE Service, including, without limitation, the FantasyLineup Content.
· No Accuracy of FantasyLineup Content. The FantasyLineup Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Third parties provide some of the FantasyLineup Content. You should be aware that the FantasyLineup Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the FantasyLineup Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any FantasyLineup Content and will not be liable for any lack of the foregoing.
· No Warranty of Lawfulness of the FLFE Service. FantasyLineup does not represent or warrant that every action you take with regard to your account and related activities in connection with the FLFE Service, including, without limitation, the FantasyLineup Content, 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 FLFE Service, including, without limitation, the FantasyLineup Content.
· For your Entertainment. The FLFE Service is for entertainment purposes.
· Collection of Personal Information. All personally identifiable information disclosed by Registered Users in connection with the FLFE Service is subject to the FantasyLineup Privacy Policy.
· Suspension and/or Termination of Your FLFE Service Account. FantasyLineup expressly reserves the right to immediately modify, suspend or terminate your FLFE Service account without refund and refuse current or future use of the FLFE Service, if FantasyLineup, in its sole and exclusive discretion believes that you have acted inconsistently with the spirit or letter of this FLFETOS or the FantasyLineup Terms of Service, including, without limitation the FantasyLineup Acceptable Use Policy.
· Suspension and/or Termination of the FLFE Service. The FLFE Service and its related benefits are offered at the discretion of FantasyLineup and FantasyLineup has the right to modify or discontinue, temporarily or permanently, the FLFE Service, in whole or in part for any reason, with or without notice to you. You agree that FantasyLineup will not be liable to you or to any third party for any modifications or discontinuance of the FLFE Service.
4. 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 FantasyLineup 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 FantasyLineup or the copyright holder as identified on the Service.
FantasyLineup.com and other service marks, trademarks and logos displayed on the Service (the "FantasyLineup Trademarks") are the property of FantasyLineup.com or its licensors. You agree not to display or use the FantasyLineup Trademarks in any manner.
Permission to use materials from the Service (the "Materials") is granted provided that: (a) The copyright notice appears in all copies; (b) Use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (c) No modifications of the Materials are made.
You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or 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 represent, warrant and covenant that You will comply with the FantasyLineup Acceptable Use Policy.6. Registration and Privacy Policy
Registration may be required for the use of certain portions of the Service (e.g. member programs). Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any FantasyLineup registration agreement conflict with the terms of this TOS, the registration agreement shall control.
7. Software
Any software that we make available for download from the Service and/or our servers (the "Software") is the copyrighted work of FantasyLineup, licensors or its suppliers. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement"). An end user may not install any Software, which is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Any Software which is downloaded from the Service or FantasyLineup's servers for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
8. Copyrights and Copyright Agents
FantasyLineup has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FantasyLineup’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Service Content and Information; Features
The Service contains information, advice, text, materials, and goods and services (collectively, the "Materials") that are provided for your convenience and enjoyment. Third parties 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. We make 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 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. Message Boards, Chat Rooms, Emails
From time to time, FantasyLineup may permit you to upload information, advice, text, data, software, messages and other materials to the Service. This means that you, and not FantasyLineup, are entirely responsible for all the content that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive repremandation from FantasyLineup administration. FantasyLineup cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of the content you post including, but not limited to, any errors or omissions in emails or messages, or for any loss or damage of any kind incurred as a result of the use of any information made available via the Service.
You acknowledge that we do not pre-screen messages, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any public messages that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of FantasyLineup’s communication tools.
You acknowledge and agree that FantasyLineup may archive your messages for whatever reason including but not limited legal issues.
Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.
11. 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, FANTASYLINEUP AND ITS 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. FANTASYLINEUP 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.
FANTASYLINEUP 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, FANTASYLINEUP AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
FANTASYLINEUP AND ITS SUBSIDIARIES AND AFFILIATES 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 THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FANTASYLINEUP 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 FANTASYLINEUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FANTASYLINEUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
13. Indemnity
You agree to defend, indemnify and hold harmless FantasyLineup 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, FantasyLineup 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 FantasyLineup herein under the terms and provisions of this Section 13 and in no event shall you settle any such claim without FantasyLineup’s prior written approval.
14. Governing Law
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF COSTA RICA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
15. Jurisdiction and Venue
The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the country of Costa Rica.
16. Notices
Whenever, under the provisions of this TOS, you are required or permitted to give notice to FantasyLineup, you shall give the notice in writing through email.
Whenever, under the provisions of this TOS, FantasyLineup is required or permitted to give notice to you, FantasyLineup 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, FantasyLineup may, but is not obligated to, send a notice to you in any reasonable way.
17. Miscellaneous
This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions 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. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.
18. Violations
Please email us at support@fantasylineup.com to report any violations of the FantasyLineup TOS.