Posted By:Wayne Bretsky on March 16, 2013
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Terms of Service
Welcome to BretskyBall.com. We ask that you review these Terms and Conditions of Service “Terms and Conditions” or “TOS”), which are intended to constitute a binding license agreement that conditions your use of this site (“Agreement”) before using BretskyBall.com (“BretskyBall” or the “Site”). If you do not wish to be bound by this Agreement after you have read it, please leave the Site. If you remain on the Site, or return hereafter, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. By submitting content for publication on the Site, you agree to abide by, and that you are bound by, the Terms and Conditions. We reserve the right to change the Terms and Conditions at any time, and you agree (including by virtue of your continued use of the Site) to, and are bound by, any such changes. Unless explicitly stated otherwise, any new features or functionality including, without limitation, video and related projects, that augment or enhance the Site shall be subject to the Terms and Conditions. The TOS can be viewed at any time at www.bretskyball.com.
1. ACCEPTANCE OF TERMS
BretskyBall.com welcomes you. BretskyBall provides service to you, subject to the TOS, which may be updated by BretskyBall from time to time without notice to you and makes no commitment to update any of these items. You can review the most current version of the TOS at any time at: brettskyball.com/TOS. In addition, use of any and/or all BretskyBall owned or operated services shall be subject to any and all posted guidelines and/or rules applicable to such services which may be posted from time to time by BretskyBall with or without notice to you. Any and all such guidelines or rules including, but not limited to, the Spam Policy are hereby incorporated by reference into the TOS
2. DESCRIPTION OF SERVICE
BretskyBall provides users with access to a rich collection of fantasy sports information and related analysis and resources including but not limited to forums, search services, personalized content, blogs, statistics, data and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed including, but not limited to, the interweb (the “Service”). You also understand and agree that the Service may include advertisements, and that these advertisements may be necessary for BretskyBall to provide the Service. You also understand and agree that the Service may include certain communications from BretskyBall such as service announcements, administrative messages and any and all newsletters, and that these communications are considered part of BretskyBall membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any and all new features that enhance or supplement the current Service, including the release of new BretskyBall properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that BretskyBall assumes 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 interweb 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. YOUR REGISTRATION OBLIGATIONS
You agree to act responsibly at this site and to treat other visitors with respect. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (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 BretskyBall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BretskyBall has the right to suspend or terminate your account and refuse any and all current and/or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BretskyBall of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BretskyBall cannot and will not be liable for any loss or damage arising from your failure to comply with this section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials (individually and collectively, the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BretskyBall, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BretskyBall does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that, by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances shall BretskyBall be liable in any way for any Content including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service and/or the Site.
You agree to not use the Service and/or the Site to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, and/or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a BretskyBall official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person(s) or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships including, but not limited to, any inside information and any proprietary and/or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service and/or the Site;
k. intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. “stalk” or otherwise harass another; and/or
n. collect and/or store personal data about other users in connection with the prohibited conduct and/or activities set forth in subparagraphs (a) through (m), above.
You hereby acknowledge that BretskyBall may or may not pre-screen Content. You further acknowledge that BretskyBall and its designees shall have the right but not the obligation in their sole discretion to pre-screen, refuse or move any Content that is available via the Service. Without limiting the foregoing, BretskyBall and its designees shall have the right to remove any Content that violates the TOS and/or is otherwise objectionable in BretskyBall’s sole discretion. You agree that you must evaluate and bear any and all risks associated with the use of any Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you hereby acknowledge that you may not rely on any Content created by BretskyBall or submitted to BretskyBall including, without limitation, information in BretskyBall forums or blogs, and in all other parts of the Service.
You hereby acknowledge, consent and agree that BretskyBall 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; and/or (e) protect the rights, property, or personal safety of BretskyBall, its users and the 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 the Site, and software embodied therein, may include security components that permit digital materials to be protected, and that use of the foregoing materials is subject to usage rules set by BretskyBall and/or content providers who provide content to the Service.
You may not attempt to override and/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.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you hereby 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 and the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
BretskyBall does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit, make available or post to the Site, you hereby grant BretskyBall the world-wide, royalty free and non-exclusive license(s) to use Content that you submit in BretskyBall’s sole discretion. Notwithstanding anything to the contrary contained herein, you hereby acknowledge that:
a. The Site (including but not limited to any and all text, photographs, graphics, video and/or audio content contained on the Site) is protected by copyright, including but not limited to as a collective work or compilation under the copyright laws of the United States and other countries, and may not be reproduced without prior express written consent from BretskyBall. Further, BretskyBall (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) owns all rights therein. All individual articles, blogs, videos, content and other elements comprising the Site are also copyrighted works, and BretskyBall (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) owns all rights therein. You hereby agree to abide by all additional copyright notices and restrictions contained on the Site and to respect the intellectual property of third parties.
b. By posting or submitting content on or to our site (without regard to the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you thereby give BretskyBal, and BretskyBall’s affiliates, agents and third party contractors, the right to display or publish such content on the Site and any and all affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and/or to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to BretskyBall, you understand and agree that unless you and BretskyBall explicitly agree otherwise in a separate written agreement signed by both parties, BretskyBall may or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, and/or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and BretskyBall agree otherwise in a separate written agreement signed by both parties) you shall have no rights with respect thereto, and BretskyBall and/or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
c. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you thereby affirm, represent, and/or warrant that: (I) you own and/or have the necessary license(s), right(s), consent(s), and/or permission(s) to use and authorize us to use all patent, trademark, trade secret, copyright and/or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by BretskyBall and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submission to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage BretskyBall and/or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. BretskyBall reserves the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to BretskyBall, BretskyBall may authorize such content to be distributed or syndicated to or published on other BretskyBall-branded environments.
d. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, you hereby grant BretskyBall the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content, in whole or in part, and to incorporate such Content into other works in any format or medium now known or later developed.
e. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of BretskyBall’s rights including, but not limited to, copyrights and that which has not been explicitly authorized in writing by BretskyBall.
9. BRETSKYBALL IS AN INTERNET SERVICE PROVIDER, e.g., BRETSKYBALL IS NOT RESPONSIBLE FOR AND DOES NOT NECESSARILY HOLD THE OPINIONS EXPRESSED BY BRETSKYBALL CONTENT CONTRIBUTORS
a. Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of BretskyBall. Content created by third parties is the sole responsibility of the third parties, and its accuracy and completeness are not endorsed nor guaranteed by BretskyBall. You hereby acknowledge that, by providing you with the ability to view and distribute content through the Site, BretskyBall is not undertaking any obligation or liability relating to the content. BretskyBall and its affiliates including but not limited to its successors, assigns, employees, agents and members, do not undertake or assume any duty to monitor the Site for inappropriate or unlawful content. BretskyBall and its affiliates including but not limited to its successors, assigns, employees, agents and members assume no responsibility or liability which may arise from the content thereof including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, BretskyBall reserves the right to block or remove communications, postings or materials, at any time in BretskyBall’s sole discretion.
You agree to indemnify and hold BretskyBall, and its subsidiaries, affiliates, members, agents, employees, co-branders and/or other partners, harmless from and against any demand, and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions made by any and all third parties 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, and/or your violation of any rights of another. BretskyBall reserves the right to take over the exclusive defense of any claim for which BretskyBall is entitled to indemnification under this section 10. In any event, you shall provide BretskyBall with such cooperation as is reasonably requested by BretskyBall in its sole discretion.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the Service (including your BretskyBall I.D.), use of the Service, and/or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that BretskyBall may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that message board postings or other uploaded Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BretskyBall has no responsibility or liability for the deletion or failure to store any messages and/or other communication(s) or Content maintained or transmitted by the Service. You acknowledge that BretskyBall reserves the right to log off accounts that are inactive for an extended period of time, in BretskyBall’s sole discretion. You further acknowledge that BretskyBall reserves the right to modify these general practices and limits from time to time in BretskyBall’s sole discretion.
13. MODIFICATIONS TO SERVICE
BretskyBall reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (and/or any portion thereof) with or without notice. You agree that BretskyBall shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that BretskyBall may, under certain circumstances and without prior notice, immediately terminate your BretskyBall account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements, practices, limitations and/or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) in the event that you have engaged in fraudulent and/or illegal activities. Termination of your BretskyBall account may include (a) removal of access to all offerings within the Service, (b) deletion of your password and/or any or all related information, files and/or content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations with or without cause shall be made in BretskyBall’s sole discretion and that BretskyBall shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence and/or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any and all other terms, conditions, warranties and/or representations associated with such dealings, are solely between you and such advertiser. You agree that BretskyBall 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 advertisers on the Service.
The Service, users of the Services and/or third parties may provide links to other World Wide Web sites or resources. Because BretskyBall has no control over such sites and resources, you acknowledge and agree that BretskyBall is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible nor liable for any Content, advertising, products, and/or other materials on or available from such sites or resources. You further acknowledge and agree that BretskyBall 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. Links are not necessarily intended to imply sponsorship, affiliation or endorsement.
17. BRETSKYBALL’S PROPRIETARY RIGHTS
Except for public domain material, you acknowledge and agree that the Service, the Site, the Content and any and all necessary software used in connection with the Service (“Software”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site, contain and constitute proprietary and confidential information protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements and/or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly authorized by BretskyBall and/or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based in whole or in part on the Service, the Content and/or the Software. Use of any of the name “BretskyBall” and/or related trademarks as metatags on other web sites also is strictly prohibited. You may, however, establish ordinary links to our site without our written permission.
BretskyBall may grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover source code nor to sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BretskyBall for use in accessing the Service.
18. 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. BRETSKYBALL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. BRETSKYBALL 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 AND/OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND 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 BRETTSKYBALL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRETSKYBALL, ITS MEMBERS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU 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 BRETTSKYBALL 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.
Under no circumstances will the total liability of BretskyBall to you in connection with, based upon, or arising from the Site or your use of the Site exceed one hundred dollars ($100.00). Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, BretskyBall’s liability is limited to the greatest extent permitted by law.
20. 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 18 AND 19 MAY NOT APPLY.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO GAMBLING.
If you intend to create or join any service, and/or receive or request any news, messages, alerts or other information from the Service concerning players or teams, please read the above sections again. They go doubly for you, and use of the Site and Services in furtherance of any and all gambling is at your own risk. The Service is provided for informational purposes only, and no Content included in the Service and/or the Site is intended for gambling. BretskyBall and its members, employees and licensors, shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service and/or Site, and shall not be responsible or liable for any gambling decisions made based on such information.
22. Informational Purposes Only.
The information on this Site is for informational purposes only.
23. NO THIRD PARTY BENEFICIARIES
You hereby agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
BretskyBall may provide you with notices, including those regarding changes to the TOS, by email, regular mail, and/or postings on the Service.
25. TRADEMARK INFORMATION
The name BretskyBall, and related logos, trademarks and service marks, and other products and service names are the property of BretskyBall Fantasy Sports, LLC (individually and collectively referred to hereafter as BretskyBall Property”). You hereby agree not to display or use BretskyBall Property in any manner without BretskyBall’s prior and specific written permission.
All trademarks, service marks, and logos appearing on the Site (the “Marks”) are proprietary to BretskyBall Fantasy Sports, LLC or its licensors, except as otherwise indicated herein. By way of illustration, MAJOR LEAGUE BASEBALL®, MLB®, MLB.COM® and associated names, logos, brands, and indicia are registered trademarks of Major League Baseball Properties, LLC. In the U.S., baseball team names, logos, brands, and indicia are the property of their respective club owners and designees. The same is also true of the NFL® NHL® NBA® and IOC®. All other Marks not owned by BretskyBall are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BretskyBall. Use or misuse of the Marks without advance written consent from BretskyBall or the respective Mark’s owner is expressly prohibited. You shall not use any mark in any manner that is likely to cause confusion among customers as to source or sponsorship of your goods and services, or in any manner that disparages, tarnishes, dilutes, or discredits BretskyBall. Further, to the extent that third party Marks used on this Site are the property of their respective owners, any mention on the Site should not be construed as a challenge to said Mark’s status or ownership. Any rights not expressly granted herein are reserved.
26. COMMUNICATIONS WITH THE SITE
BretskyBall welcomes your feedback and suggestions about how to improve our services, products, and the Site. Ideas, suggestions, and inventions are often considered by the person submitting them to be of a proprietary nature and to have value. It is only prudent, therefore, in fairness to both the person submitting an idea, suggestion, or invention, and BretskyBall, that they reach a prior understanding in respect to the basis on which BretskyBall will receive and give consideration to the idea, suggestion, or invention. As such, unless you have contacted BretskyBall in advance to memorialize the confidentiality of disclosures or submissions of ideas, suggestions, or inventions from you, BretskyBall will accept the submission on a NONCONFIDENTIAL BASIS. Accordingly, unless you have entered into a specific written understanding with BretskyBall regarding your submission, BretskyBall recommends that your content not contain any third party proprietary or confidential information. Further, unless otherwise agreed in a separate writing between BretskyBall and you, BretskyBall is free to use for any purpose whatsoever and shall own any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to the Site including, but not limited to, creating and marketing products or services using such information.
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
BretskyBall respects the intellectual property of others, and asks BretskyBall users to do the same. BretskyBall may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may or may not be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide BretskyBall the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
28. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and BretskyBall and governs your use of the Service and the Site, and supersedes any and all prior agreements between you and BretskyBall with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BretskyBall services, affiliate services, third party content, and/or third party software.
The TOS and the relationship between you and BretskyBall shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and BretskyBall agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Philadelphia, Pennsylvania. Notwithstanding anything to the contrary contained herein, you agree to submit any and all disagreements relative to this agreement to binding arbitration in Philadelphia, Pennsylvania.
The failure of BretskyBall to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right and/or provision or any related right or provision. If any provision of the TOS 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 TOS shall remain in full force and effect.
You agree that your BretskyBall account is non-transferable, and any rights to your BretskyBall I.D. and/or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein deleted in BretskyBall’s sole discretion.
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 TOS must be filed within one (1) year after such claim or cause of action arose or else be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS by submitting a feedback form.
Except as expressly provided above, all rights are reserved. BY CONTINUING TO USE THE SITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS.
Effective March 15, 2012
This BretskyBall Fantasy Sports, LLC website, BretskyBall.com (the “Site”), is covered by the policies herein. This privacy statement covers BretskyBall.com.
Because the Site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe. If you have questions or concerns regarding this statement, you should contact BretskyBall Fantasy Sports, LLC at: BretskyBall Fantasy Sports, LLC Feedback.
This privacy statement covers only information that is collected through the Site, and does not cover information that may be collected through software downloaded from the Site.
When does BretskyBall Fantasy Sports, LLC collect my personally identifiable information?
When you register for one of BretskyBall Fantasy Sports, LLC’s sites, or for services on any of our sites, we collect personally identifying information from you. During registration you are asked to provide your email address and some demographic information including such items as your gender, year of birth, and address. The more information you provide, the better we are able to customize our services and your experience to suit your needs and preferences. In addition to registration, we may collect personally identifiable information from you when you enter contests and sweepstakes (which may be done in conjunction with site registration), participate in promotions and special programs, register for premium or customized services, make a purchase at one of our merchants or partners, subscribe to one of our print publications, or download a software product or plug-in.
If you are making a purchase or enrolling in a premium service for which there is a fee, we, or a third party working in partnership with us, will collect your credit card, billing address, and other verifying information. In addition, we may collect personally identifiable information from you when you provide content to us for display or use on one or more BretskyBall Fantasy Sports, LLC sites including, but not limited to, when you participate in user surveys, post messages to bulletin boards or chat areas, submit personals or other classified listings, build a home page, report a problem with one of our sites or services, or submit a letter to the editor.
If you use our referral service (“Email and Article to a Friend”) to tell a friend about our site, we will ask for your email address and theirs. We automatically send a one-time email to the address you provided. Neither your email address nor the email address you provide is stored or used for any other purpose.
How is my personally identifiable information used?
Our main goal is to provide you with a relevant experience on BretskyBall Fantasy Sports, LLC sites. We may review our users’ preferences, demographics, traffic patterns, and other information in aggregate in an effort to better understand who our audience. Tracking user preferences also helps serve you more relevant advertising. Please note that we do not share your personally identifying information with any advertiser.
We may use a third party to serve ads when you visit our site. This third party ad server may use certain information about your visit to our site in order to provide advertisements about goods and services that may be of interest to you, but they are not allowed to collect or use personally identifiable information about you for their own purposes.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We routinely evaluate our data security practices to identify security threats or opportunities for improvement, but BretskyBall Fantasy Sports, LLC assumes no liability for disclosure of data due to errors in transmission or unauthorized third parties. If you have any questions about security on our Web site, you can contact us at: BretskyBall Fantasy Sports, LLC Feedback
To update your personal information such as name, or mailing address, you can sign into your account and visit the Update Account page. To update your newsletter subscriptions you either (a) visit your newsletter subscription page in your account, or (b) unsubscribe by following the instructions within the email newsletter.
What other information does BretskyBall Fantasy Sports, LLC collect and how is it used?
IP Address. BretskyBall Fantasy Sports, LLC may also collect IP addresses for the purposes of systems administration and/or to report information in aggregate form to our advertisers (e.g. how many visitors logged in to a BretskyBall Fantasy Sports, LLC site). An IP address is a number that is assigned to your computer automatically when you use the Internet. When you visit a particular BretskyBall Fantasy Sports, LLC web page, our servers may log your IP address. Your IP address is not linked to anything personally identifiable.
Who does BretskyBall Fantasy Sports, LLC share information with?
User information is shared within BretskyBall Fantasy Sports, LLC in order to provide you with a more integrated experience. We will not disclose your personally identifiable information to third parties except (1) to the extent necessary to provide you with a requested product or service, or (2) in order to provide targeted promotional offers during the registration process. If you do not accept any of the offers, your information will not be retained by our registration offers partner.
What else should I know about my privacy?
You should be aware that if you voluntarily disclose personal information online in a public area, that information may be collected and used by others. We do not control the actions of our visitors and registered users. If you disclose personal information in a chat room, forum, on your home page, or any other publicly accessible place on BretskyBall Fantasy Sports, LLC sites, you do so at your own risk and you understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes.
Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
The Site contains links to other sites that are not owned or controlled by BretskyBall Fantasy Sports, LLC. Please be aware that we, BretskyBall Fantasy Sports, LLC, are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by the Site.
PRIVACY PROTECTION FOR CHILDREN. In compliance with the Children’s Online Privacy Protection Act (COPPA), we will not knowingly provide access to BretskyBall Fantasy Sports, LLC sites to persons under the age of thirteen (13). If BretskyBall Fantasy Sports, LLC later learns that any registered user is under the age of thirteen (13), we will take appropriate steps to remove the member’s information from the database and we will restrict this individual from future access to BretskyBall Fantasy Sports, LLC sites. We feel strongly about protecting the privacy of children. We encourage kids to involve their parents in any interactive activity they participate in online. Except where otherwise disclosed, we will not collect or use any personal information from children we know to be under the age of thirteen without obtaining express parental consent. All general information collected from users under the age of thirteen is used only for aggregate statistical analysis.
Please feel free to contact BretskyBall at Bretsky@BretskyBall.com.