ACCEPTANCE OF TERMS FanSoft Media, Inc. provides the FanDraft software as defined below to you subject to the following terms of service ("TOS"). FanSoft Media, Inc. reserves the right to make additions, revisions, and modifications to these terms at any time. It is therefore important for you to periodically refer to http://www.FantasyDraftBoard.com/tos.php (this page) for the most current version of our TOS. By continuing to use the Service following such modifications, you agree to comply with this Agreement (the "Agreement") and to be bound by any such modifications to the TOS. By agreeing to our terms of service, you also thereby agree that you are over 13 years of age. Any child under the age of 14 must do so with an account created by their parent/guardian and under their supervision. The usage of any account by a person or persons under the age of 14 will forfeit all claims of liability towards FanSoft Media for any reason, by any users of said account.
DESCRIPTION OF SERVICE
FanSoft Media, Inc. offers a web-based system for you to use in order to create customizable rankings reports on the World Wide Web of the Internet at http://www.FantasyDraftBoard.com (the "Site", "FanDraft"). In addition to the core features offered by FanSoft Media, Inc.., this Service may include information and features from third-party partners of FanSoft Media, Inc.. You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.
All information, content, software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements displayed on, transmitted through, or used in connection with site, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of FanSoft Media or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. FanSoft Media hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. In accepting these TOS, you agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of FanSoft Media. You may not distribute any Material to others, whether or not for payment or other consideration, and you may not modify, copy, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Material. You may not screen scrape or otherwise copy our Material without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Site, and not to use any data mining, data gathering or extraction method. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
FanSoft Media permits you to upload information, advice, text, data, software, messages and other materials to the Site ("Customer Content"). Customer Content is your sole responsibility. This means that you, and not FanSoft Media, are entirely responsible for all Customer Content that you upload, post, e-mail, transmit or otherwise make available via the Service. FanSoft Media 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 Customer Content including, but not limited to, any errors or omissions in Customer Content, or for any loss or damage of any kind incurred as a result of the use of any of Customer Content made available via the Service. FanSoft Media does not claim ownership of Customer Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Customer Content and to incorporate Customer Content in other works in any form, media, or technology now known or later developed. You acknowledge that we do not pre-screen Customer Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Customer Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Customer Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Customer Content. You acknowledge and agree that FanSoft Media may archive Customer Content and may also disclose Customer Content at any time and for any reason. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.
Any material (e.g., email, posting to our support boards) you send us, solicited or unsolicited, including, but not limited to creative suggestions, ideas, notes, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
You agree to indemnify and hold FanSoft Media, its affiliates, partners, contractors, vendors, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.
DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANSOFT MEDIA 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. FANSOFT MEDIA, IT'S CONTENT PROVIDERS, PARTNERS, AND VENDORS AND ANY OF THEIR EMPLOYEES SHALL NOT BE HELD RESPONSIBLE FOR ERROR OR OMISSIONS PERTAINING TO THE ACCURACY AND RELIABILITY OF ANY OF THE INFORMATION RELATED TO THE SERVICE. FANSOFT MEDIA RESERVES THE RIGHT TO TAKE DOWN THE SITE FOR PERIODIC MAINTENANCE AND UPGRADES, AND DEPENDING ON CIRCUMSTANCES MAY NOT INFORM CUSTOMERS IN ADVANCE OF ANY SUCH DOWNTIME. FANSOFT MEDIA ALSO RESERVES THE RIGHT TO REMOVE ANY HISTORICAL INFORMATION INCLUDING, BUT NOT LIMITED TO, POLLS, ARTICLES, AND MESSAGE BOARD POSTS AT IT'S SOLE DISCRETION. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANSOFT MEDIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANSOFT MEDIA 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 FANSOFT MEDIA 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. 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 FANSOFT MEDIA‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE PURCHASE PRICE OF THE PRODUCT.
JURSIDICTION AND GOVERNING LAW
This agreement, and the application or interpretation of this agreement, shall be governed exclusively by its terms and in accordance with the laws of the State of Washington without regard to its conflict of law provisions. You and FanSoft Media agree to submit to the personal and exclusive jurisdiction of the courts located within King county, Washingon.
FanSoft Media at any time may terminate this Agreement with or without cause. You may terminate this agreement by submitting a written request to FanSoft Media. Regardless of which party terminates the Agreement, the Service may be immediately suspended or disabled, without notice. In the event of either a suspension or termination of the Service to you, FanSoft Media shall not be held responsible for any consequences pertaining to lack of access to the Service. No refunds, full or partial, are available for any reason. All purchases made through our website are final.
The TOS constitutes the entire agreement between you and FanSoft Media regarding your use of the Service from which you accessed this Agreement and governs your use of the Service, superseding any prior agreements between you and FanSoft Media with respect to the Service. FanSoft Media may modify this Agreement periodically without notice. If any provision of this Agreement is determined invalid, all other provisions will remain in effect as fully valid.
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