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Sunday, 13 July 2008 03:48 AM |
FFPower LLC Terms and Conditions
Welcome to www.fantasyfootballpower.com hereinafter known as ("FFPower LLC') Please take a moment to read our Terms and Conditions. By using the site, you agree to the Terms and Conditions. Please note that the Internet is a rapidly changing medium and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms.
As a condition of your use of this site, you warrant to FFPower LLC that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. This Agreement sets forth the terms and conditions of your FFPower LLC registration. As a necessary precondition of registration, you must accept this agreement, and any changes made from time to time, in its entirety; therefore, we encourage you to carefully review and familiarize yourself with it. In addition, you should review this Agreement on a regular basis for any modifications. You assume all responsibility and risk for the use of this site and the Internet generally. FFPower LLC is providing this site and its contents on an "as is" basis without any express or implied warranty of any kind, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, and freedom from errors, viruses, bugs, or other harmful components. In no event shall FFPower LLC be liable to you or any third party for any damages whatsoever (including without limitation any special, indirect, or consequential damages, and damages resulting from loss of use, data, or profits, or business interruption, loss of or damage to property, claims of third parties, mistakes, omissions, interruptions, deletion of files or e-mail, errors, loss of data, defects, viruses, delays in operation or transmission or any failure of performance, theft, destruction, or unauthorized access to FFPower LLC records, programs, or services) arising out of, the use of or inability to use the materials or any hyperlinked web site, even if FFPower LLC has been advised of the possibility of such damages. FFPower LLC makes no representations or warranties of any kind with respect to this site or its contents in states which do not allow the exclusion or limitation of certain categories of damages and as a result, the above limitation may not apply to you. In such states, FFPower LLC liability shall be limited to the fullest extent permitted by law.
You acknowledge and understand that the material that appears on our site is for entertainment informational purposes only. You acknowledge and understand that as a condition of your use of this site you must be at least 18 years old or older. Export Control: The Site is controlled and Operated by FFPower LLC from its offices within the State of New Jersey United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about FFPower LLC products and services available in the United States. FFPower LLC makes no representation that the materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or ( B) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
1. ACCEPTANCE OF TERMS AND TERMS
FFPower LLC provides its service to you, subject to the following Terms and Conditions of Use ( the "Terms"), which may be updated by us from time to time without notice to you. Your use of the web site www.fantasyfootballpower.com and properties of FFPower LLC constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement"). FFPower LLC is an interactive online service (the "Service). The Service offers Users access to, through the world wide web, (i) content directly owned or licensed by FFPower LLC and potentially third-parties ("Sources"), and (ii) products and services offered by FFPower LLC and independent parties ("Retailers"). "User" means any person who establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is a personal right to the User and a User's Account is not transferable. A User must be an individual who is at least eighteen (18) years of age and may not be a business entity of any kind or institution. A User may permit usage of the Service by other individuals in User's household, but the User remains solely responsible and liable for all charges incurred by any such individuals. By registering as a User and using the Service, the User accepts and agrees to comply with this Agreement, and any changes thereto ("Agreement"), and all rules or policies posted on the Service ("Rules"), for as long as the User remains a User. Except as expressly permitted in this Agreement or the Rules, no portion of the Service (including any information or software from any Sources) may be downloaded, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any User. All such information, software, etc. remains the property of FFPower LLC or its licensor.
Payment: FFPower LLC offers various services. Users must provide FFPower LLC with valid credit card information at the time of purchase. All fees will be charged at the standard fees in effect for the service in question at the time the fee becomes payable. FFPower LLC will NOT automatically renew various services.
Modifications: FFPower LLC reserves the right, at any time, to (i) change the terms of this Agreement or any Rules, (ii) change the Service, including discontinuing any feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the User, or (iii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any feature thereof. Via posting at any FFPower LLC website, Users will be given no notice prior to any increase in existing fees or charges becoming effective. All changes shall be effective immediately upon notice. Any use of the Service under a User's Account after such notice shall be deemed to constitute acceptance by the User of the changes.
User Account Responsibility and Fees: The User is responsible for ensuring that all use of the Service under the User's Account (i.e., use of the Service by any person using the User's ID and password) complies with the provisions of this Agreement and all Rules. The User is responsible for maintaining the confidentiality of his or her password. If the User believes that his or her account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of User's password), User must promptly change his or her password and notify FFPower LLC as set forth below to avoid liability for any unauthorized charges to User's Account. The User is responsible for paying all fees, charges and purchases (plus applicable taxes) associated with the use of the Service under the User's Account made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card; and (ii) all fees and charges (including subscription fees) are non-refundable. The User may, upon request (by electronic message or conventional mail), receive supporting information relating to charges to the User's Account. In the event the User is dissatisfied with the Service for any reason whatsoever, the only right available to the User is to terminate the User's Account by contacting FFPower LLC pursuant to this Agreement Orders for purchases of merchandise or Services advertised on the Service by FFPower LLC or Retailers are subject to availability and acceptance. FFPower LLC is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Retailers that are not owned or operated by FFPower LLC. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges). Unauthorized access to the Service is a breach of this Agreement and a violation of law. The User is responsible for and must provide all telephone and other equipment and services (including Internet access provider fees) required for access to and use of the Service.
User Interaction: The User shall be responsible for, and assumes all liability associated with, any material made available via the Service under the User's Account, including liability for claims of infringement, libel and slander. The User shall not post, transmit through or otherwise make available via the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of FFPower LLC, any advertising or any solicitation with respect to products or services. Although FFPower LLC does not and cannot review every message posted by User on the Service, FFPower LLC shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may refuse to display or remove from the Service any material which FFPower LLC, in the exercise of its sole discretion, believes violates this Agreement or any Rules. Material (defined as messages, stories, articles, or website addresses) authored by User or a user authorized by User under this Agreement ("User Material") that is posted, transmitted through or otherwise made available on the Service by the User in public posting areas (such as feedback, chat rooms or forums) shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by FFPower LLC (or another User) for any purpose without the permission of the User. User acknowledges that any User Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by FFPower LLC, and User waives all rights of any form whatsoever in such User Material.
Service Information: FFPower LLC contains copyrighted material, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by this Agreement or the Rules, the User may not copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The User may download or make a single copy of copyrighted materials solely for the User's own personal use, provided the User preserves any copyright or other notices contained in or associated with them. FFPower LLC shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized FFPower LLC representative. Service advertisers, Sources, User, guests, member, independent writers and experts are not authorized FFPower LLC representatives. At no time should the opinions, views, advice or statements provided by Service advertisers, Sources, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification. Except as stated in the license agreement accompanying any software provided through or in connection with the Service, the User is granted only a personal, nonexclusive and nontransferable license to use such software, and unauthorized copying of software is prohibited. You acknowledge and understand that the material that appears on our site is for entertainment informational purposes only.
2. DESCRIPTION OF SERVICE
FFPower LLC provides users with access to a collection of resources through its website (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new FFPower, LLC properties, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that FFPower, LLC its affiliates and subsidiaries assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICE
FFPower, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FFPower LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
FFPower LLC may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use FFPower LLC properties after the notice is posted, you are indicating your acceptance of those changes.
4. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that FFPower LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
5. LINKS
FFPower LLC may provide, or third parties may provide, links to other World Wide Web sites or resources. you acknowledge and agree that FFPower LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FFPower LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FFPOWER LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FFPOWER LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL 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 TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FFPOWER LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIO, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY FFPOWER LLC OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY FFPOWER LLC AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FFPOWER LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FFPOWER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
8. 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 OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
9. TRADEMARK INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by FFPower LLC or by other parties that have licensed their material to FFPower LLC. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
FFPower LLC, www.fantasyfootballpower.com, www.ffpower.com and all other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that FFPower LLC provides news and information sites and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. FFPower LLC will enforce its intellectual property rights to the fullest extent of the law.
10. NON-WAIVER
The failure of FFPower LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
11. HEADINGS FOR CONVENIENCE ONLY
The section titles in the Terms are for convenience only and have no legal or contractual effect.
12. VIOLATIONS
Please report any violations of the Terms to our Customer Service Department.
13. INDEMNIFICATION:
You agree to indemnify, defend and hold FFPower LLC harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.
14. LETTERS OR OTHER SUCH COMMENTS OR MATERIALS:
Any comments, materials, or letters sent by you to FFPower LLC regarding it's sites, including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. FFPower LLC shall have no obligation of any kind with respect to such Received Materials and FFPower LLC will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, FFPower LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to FFPower LLC for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
15. PRIVACY
You can read the FFPower LLC privacy statement here.
16. RESTRICTIONS ON USE:
You may not use FFPower LLC sites or their content for any illegal purpose or in any manner inconsistent with these Terms. You agree to use FFPower LLC sites solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
17. SEVERABILITY:
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
18. ENTIRE AGREEMENT:
This Agreement and any other terms and conditions of service on any FFPower LLC property constitute the entire agreement between you and FFPower LLC and govern your use of the Service.
19. REFUSAL OR DISCONTINUANCE OF SERVICE:
FFPower LLC reserves the right to refuse or discontinue service to any user for non-compliance with these Terms.
20. CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of New Jersey. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of New Jersey and you agree to personal jurisdiction by the state and federal courts sitting in Trenton, New Jersy. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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Last Updated ( Thursday, 13 August 2009 02:45 PM )
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