Site Terms
and Conditions of Use
1. ACCEPTANCE OF TERMS Fantasy Tournaments LLC (hereinafter known as "Fantasy Tournaments") 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.
You can review the most current version of the Terms at any time at
http://www.fftoc.com/site-terms.php. Your use of this Web Site constitutes your agreement to all such terms,
conditions,
policies and notices (the "Agreement").
2. DESCRIPTION OF SERVICE
Fantasy Tournaments provides users with access to a rich collection of resources
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 Tournaments properties,
shall be subject to the Terms. You understand and agree that the Service
is provided "AS-IS" and that Fantasy Tournaments 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 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
Fantasy Tournaments 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 to the Terms of Service page of
the web site. Any changes shall become part of the Agreement and shall
apply as soon as such a notice is posted. By continuing to use Fantasy Tournaments
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 Fantasy Tournaments 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
Fantasy Tournaments may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Fantasy Tournaments has no control
over such sites and resources, you acknowledge and agree that Fantasy Tournaments
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 Fantasy Tournaments 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. FANTASY
TOURNAMENTS 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. FANTASY
TOURNAMENTS 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 FANTASY
TOURNAMENTS 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,
AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET
DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY FANTASY
TOURNAMENTS 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 FANTASY
TOURNAMENTS AND
REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANTASY
TOURNAMENTS 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 FANTASY
TOURNAMENTS
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 Fantasy Tournaments or by other parties that
have licensed their material to Fantasy Tournaments. 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.
Fantasy Tournaments logos and products and service names are trademarks
of Fantasy Tournaments. 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 Fantasy Tournaments
provides fantasy game sites and service and that references
to other
names and trademarks are necessary in the course of providing information
and commentary about the subjects that this site covers. Fantasy
Tournaments
will enforce its intellectual property rights to the fullest extent
of the law.
If you suspect that any Fantasy Tournaments content or trademarks
are being misused please contact support@fftoc.com as
soon as possible.
10. NON-WAIVER
The failure of Fantasy Tournaments 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 one (1) year
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 Support
Department.
13. INDEMNIFICATION:
You agree to indemnify, defend and hold Fantasy Tournaments 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 Fantasy Tournaments 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. Fantasy Tournaments
shall have no obligation of any kind with respect to such Received
Materials and Fantasy Tournaments 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, Fantasy Tournaments is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to
Fantasy Tournaments 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 Fantasy Tournaments privacy statement here.
16. RESTRICTIONS ON USE:
You may not use Fantasy Tournaments sites or their content for any illegal
purpose or in any manner inconsistent with these Terms. You agree
to use Fantasy Tournaments 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 http://www.fftoc.com
constitute the entire agreement between you and Fantasy Tournaments
and govern
your use of the Service.
19. REFUSAL OR DISCONTINUANCE OF SERVICE:
Fantasy Tournaments reserves the right to refuse or discontinue service to
any user for non-compliance with these Terms.
20. NON-ENDORSEMENT:
THIS SITE IS NOT ENDORSED BY THE NATIONAL FOOTBALL LEAGUE (NFL) OR ANY CURRENT OR PAST NFL PLAYER.
Specifically, this website and its fantasy football activities are not associated with, endorsed by or licensed by the National Football League (NFL), the NFL Player's Association (Players, Inc.) or any active NFL players or NFL teams.
Further, displaying player names, player news and historical, and publicly accessible statistical data herein does not imply endorsement from the National Football League (NFL), the NFL Player's Association (Players, Inc.) or any of its members or partners including active NFL players.
By using this website you understand all NFL player names herein and all historical data presented does not imply endorsement by the National Football League (NFL), the NFL Player's Association (Players, Inc.) or any active NFL players or NFL teams. In addition, by using this website you understand statistical data and player rosters herein (driven from newsworthy events in the public domain) are for reference only and displayed as newsworthy, historical, and publicly accessible information. This website displays player names and statistical data as reference material and is not set up to exploit or infringe upon the rights owned by active NFL players licensed through Players Inc.
This clause is here to make all website visitors and participants understand this website is in no way endorsed by any individual NFL player or organization outlined above and this website does not violate any state unfair competition or false advertising laws.
21. CHOICE OF LAW AND FORUM:
This Agreement will be governed by the laws of the State of NC.
Any dispute arising from the terms of this agreement or breach of
this agreement will be governed by the laws of the State of NC and you agree to personal jurisdiction by the state and federal courts
sitting in NC. 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 AGREEMENT AND AGREE TO
BE BOUND BY ALL OF ITS TERMS. By using this web site you hereby
agree to be bound by all the terms and conditions contained in this
agreement. Thank you for your cooperation. We hope you enjoy
Tournament-Style Fantasy football and the FFTOC!
For MyFFTOC League Managment Software Usage, also see:
MyFFTOC Terms
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