ACCEPTANCE OF TERMS
Fantasy Sports Vault, LLC (herein referred to as “Fantasy Sports Vault”, “FSV”, “company”, and/or “website”) invites you into our world of fantasy gaming. Our company provides its website to you subject to the following Terms and Conditions, which we reserve the right to update from time to time without notice to you. As a user or visitor you are always welcome to review our most current version here. Additionally, when using FSV owned, operated, or managed sites/services, you and FSV shall be governed by posted rules and regulations per such service/site. It is highly likely that other sites/services associated with Fantasy Sports Vault will have their own Terms and Conditions and should be reviewed if applicable.
DESCRIPTION OF WEBSITE
Fantasy Sports Vault provides users with access to a rich collection of resources, including various communications message posting tools, bulletin board meeting places, payment gateway transactions, search services, personalized material and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "website"). You also understand and agree that the website may include advertisements and that these advertisements are necessary for Fantasy Sports Vault to provide the website. You also understand and agree that the website may include certain communications from Fantasy Sports Vault, such as service announcements, administrative messages and the Fantasy Sports Vault Newsletter, and that these communications are considered part of Fantasy Sports Vault membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current website, including the release of new Fantasy Sports Vault properties, shall be subject to the Terms and Conditions. You understand and agree that the website is provided "AS-IS" and that Fantasy Sports Vault 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 website, 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 website.
Please note that it is entirely possible that Fantasy Sports Vault may, or has already, create certain areas on our site that could possibly display adult or mature material. You must be at least 18 years of age to view and access such areas.
MEMBER ACCOUNT, PASSWORD AND SECURITY
During your registration with FSV, you will select a unique Login ID and password. These will both be validated by our proprietary vault system prior to acceptance of your registration. The confidentiality of this sensitive information is your responsibility. Likewise you are responsible for the activities that are logged/performed/authorized/maintained during which your Login ID and password has been used to grant access to our site. Should you find unauthorized usage, or fraudulent activities on your account, or any other security breach, you agree to notify Fantasy Sports Vault immediately. As a FSV user, you also agree to logout of each session. FSV cannot and will not be liable for any loss or damage arising from your failure to comply with this Section of our Terms and Conditions policy.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the website, you represent that you are of legal age to form a binding contract and 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 website’s registration form (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 Fantasy Sports Vault has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fantasy Sports Vault has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Fantasy Sports Vault is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Fantasy Sports Vault may at some point in time provide this offering on a global level, and you, the user, recognize the global footprint of the Internet. As such, you as the user agree to comply with local rules and regulations. More specifically, any laws that are applicable with the transmission of data outside of the United States and/or any country in which you reside. MEMBER CONDUCT
Our users must understand that all information, this collectively means music, sound, video, instant messages, bulletin board posts, faxes, emails, data, text, images, photos, or any other transmittable material, whether public or private, are the responsibility of our user. Fantasy Sports Vault cannot be held responsible, that means that you as the user will be held responsible, for the entirety of all the material that is uploaded via posts, emails, messages, fax, phone calls, and/or any other means by which information is transmitted from the user to FSV. Fantasy Sports Vault cannot be held responsible for the entirety of the site material and will not guarantee the accuracy, quality, and/or integrity of all such material. By using the site you are undertaking the responsibility that you may be exposed to material that you find offensive. Again, under no circumstance can, or will, FSV be held liable. This policy extends, but is not limited to, any errors and omissions in our material or site materials which may, or may not, result in an incurred losses per the user.
You agree to not use the website to:
upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a Fantasy Sports Vault official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
harm minors in any way;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
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) that are designated for such purpose;
"stalk" or otherwise harass another; and/or
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the website;
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;
interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
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, and any regulations having the force of law;
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;
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You acknowledge that Fantasy Sports Vault may or may not pre-screen material, but that Fantasy Sports Vault and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any material that is available via the website. Without limiting the foregoing, Fantasy Sports Vault and its designees shall have the right to remove any material that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any material, including any reliance on the accuracy, completeness, or usefulness of such material. In this regard, you acknowledge that you may not rely on any material created by Fantasy Sports Vault or submitted to Fantasy Sports Vault, including without limitation information in Fantasy Sports Vault Bulletin Boards and in all other parts of the website.
You acknowledge, consent and agree that Fantasy Sports Vault may access, preserve and disclose your account information and material 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 Terms and Conditions; (c) respond to claims that any material violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Fantasy Sports Vault, its users and the public.
You understand that the technical processing and transmission of the website, including your material, 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 website and system/software embodied within the website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Fantasy Sports Vault and/or materials providers who provide material to the website. You may not attempt to override or circumvent any of the usage rules embedded into the website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the website, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON FANTASY SPORTS VAULT NETWORK
Upon registration with Fantasy Sports Vault, the user acknowledges that in using any FSV service to communicate via electronic means, (which may include, but not is not limited to, text, email, fax, phone, mail, letters, video, blog, bulletin board, messaging, search, photos, images, logos), you will be causing communications to be sent through Fantasy Sports Vault's computer networks, located in possibly Florida, Washington, Texas, other unspecified locations in the United States as well as in other portions of the world. This may or may not result in inter- or intrastate commerce of such mentioned material and material as designated by the network architecture without regard to physical locality. This means that you are accepting of intra- or interstate commerce of such material/material transmissions.
Fantasy Sports Vault’s Bulletin Board feature allows user to post, respond via email through the user’s email program of choice or any other email client, and match up with others looking to participate in similarly interested fantasy sports/competitions/leagues. It is not the interest of Fantasy Sports Vault, nor does FSV regulate, the nature of the Bulletin Board requests/responses and any formation of fantasy leagues that are derived from this method of communication. It is simply the practice of FSV to provide a virtual meeting place. All other is at the discretion of the FSV user and FSV takes no responsibility for these actions. Whether or not a user takes advantage of this offering is at the discretion of the user. Your acceptance to this policy acknowledges your consent. It is possible, and even probable, that from time to time FSV will utilize the Bulletin Board to post inquiries to seek the formation of a new league. Such posts may or may not be responded to, but that is the discretion of the user.
FANTASY SPORTS VAULT PRIVACY POLICY
Your decision to register, meaning register your personal data, with Fantasy Sports Vault and any other personal information about you is subject to our Privacy Policy. For more information, see our full privacy policy at https://www.fantasysportsvault.com. This can also be viewed if you came from any of our other brands or owned websites. By using our website (websites in totality), you consent to the collection and use (as set forth in the Privacy Policy) of this information, deemed necessary by FSV and our affiliates.
MATERIAL SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE WEBSITE
Fantasy Sports Vault does not claim ownership of material you submit or make available for inclusion on the website. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the website, you grant Fantasy Sports Vault the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to material you submit or make available for inclusion on publicly accessible areas of Fantasy Sports Vault Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such material on the website solely for the purposes of providing and promoting the specific Fantasy Sports Vault Group to which such material was submitted or made available. This license exists only for as long as you elect to continue to include such material on the website and will terminate at the time you remove or Fantasy Sports Vault removes such material from the website.
With respect to photos, logo, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the website other than Fantasy Sports Vault Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such material on the website solely for the purpose for which such material was submitted or made available. This license exists only for as long as you elect to continue to include such material on the website and will terminate at the time you remove or Fantasy Sports Vault removes such material from the website.
With respect to material other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the website other than Fantasy Sports Vault Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such material (in whole or in part) and to incorporate such material into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the website are those areas of the Fantasy Sports Vault network of properties that are intended by Fantasy Sports Vault to be available to the general public. By way of example, publicly accessible areas of the website would include Fantasy Sports Vault Bulletin Boards and portions of Fantasy Sports Vault Events and Calendars that may be open to both members and visitors. However, publicly accessible areas of the website would not include portions of Fantasy Sports Vault League Creation, that are limited to members, Fantasy Sports Vault services intended for private communication such as Fantasy Sports Vault Bulletin Board or areas off of the Fantasy Sports Vault network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Fantasy Sports Vault.
LINKS
The website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fantasy Sports Vault has no control over such sites and resources, you acknowledge and agree that Fantasy Sports Vault is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any material, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fantasy Sports Vault 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 website, goods or services available on or through any such site or resource.
CONTRIBUTIONS TO FANTASY SPORTS VAULT
Upon submission of ideas, concepts, alternatives, suggestions, documents, drawings, flowcharts, templates, and/or proposals ("contributory collateral") to Fantasy Sports Vault through its suggestion or feedback web pages, you acknowledge and agree that: (a) your contributory collateral does not contain confidential or proprietary information; (b) Fantasy Sports Vault is not under any obligation of confidentiality, express or implied, with respect to the contributory collateral; (c) Fantasy Sports Vault shall be entitled to use or disclose (or choose not to use or disclose) such contributory collateral for any purpose, in any way, in any media worldwide; (d) Fantasy Sports Vault may have something similar to the contributory collateral already under consideration or in development; (e) your contributory collateral automatically become the property of Fantasy Sports Vault without any obligation of Fantasy Sports Vault to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Fantasy Sports Vault under any circumstances.
NO RESALE OF WEBSITE SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the website (including your Fantasy Sports Vault ID), use of the website, or access to the website.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Fantasy Sports Vault may establish general practices and limits concerning use of the website, including without limitation the maximum number of days that email messages, bulletin board message postings or other uploaded material will be retained by the website, the maximum number of bulletin board posts that may be sent from or received by an account on the website, the maximum size of any bulletin board message that may be sent from or received by an account on the website, the maximum disk space that will be allotted on Fantasy Sports Vault's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the website in a given period of time. You agree that Fantasy Sports Vault has no responsibility or liability for the deletion or failure to store any bulletin posts and other communications or other material maintained or transmitted by the website. You acknowledge that Fantasy Sports Vault reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Fantasy Sports Vault reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO WEBSITE
Fantasy Sports Vault reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that Fantasy Sports Vault shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. If in the event of discontinuance, any monies being held for fantasy leagues will be disbursed appropriately and in full.
TERMINATION
You agree that Fantasy Sports Vault may, under certain circumstances and without prior notice, immediately terminate your Fantasy Sports Vault account, any associated email address, and access to the website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements 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 website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the website. Termination of your Fantasy Sports Vault account includes (a) removal of access to all offerings within the website, including but not limited to Fantasy Sports Vault Bulletin Board, “vault” system, My Leagues, Message Boards, Alerts, (b) deletion of your password and all related information, files and material associated with or inside your account (or any part thereof), and (c) barring of further use of the website. Further, you agree that all terminations for cause shall be made in Fantasy Sports Vault's sole discretion and that Fantasy Sports Vault shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the website.
TRADEMARK INFORMATION
The Fantasy Sports Vault, Fantasy Sports Vault logo, Fantasy Sports Vault Bulletin Board, Fantasy, FSV references, Fantasy Sports Vault “vault” system, My Fantasy Sports Vault, Virtual League Treasurer, My Virtual League Treasurer, Fantasy Vault, FV, Payment Gateway, trademarks and service marks and other Fantasy Sports Vault logos and product and service names are trademarks of Fantasy Sports Vault, LLC. Without Fantasy Sports Vault's prior permission, you agree not to display or use in any manner the Fantasy Sports Vault associated logos, etc.
INDEMNITY
You agree to indemnify and hold Fantasy Sports Vault and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material you submit, post, transmit or otherwise make available through the website, your use of the website, your connection to the website, your violation of the Terms and Conditions, or your violation of any rights of another.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, 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 advertiser. You agree that Fantasy Sports Vault 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 website.
DISPUTE RESOLUTION
All participants using the Fantasy Sports Vault platform fully understand and agree that FSV does not represent any participant in any of the collective "leagues" and as such has no authority, or ability, to involve itself personally in any dispute that may arise
between players and other players or players and commissioners. FSV recognizes that from time-to-time disputes may arise, and as such has devised a dispute resolution method to assist players and/or commissioners in resolving such matters. In the case of a dispute, all participants in that league agree that the parties to the dispute will be allowed to write an explanation whereby they are given the opportunity to explain their issues and the other party will be allowed to do the same. The "explanations" will be shared with all participants, team owners, and/or commissioners and then a vote will be taken (with each participant having one vote). The intent being to decide whether or not to allow the instigating person, team owner, and/or commissioner to remove themselves from the league. If fifty percent (50%) or more of the participants vote in favor of releasing that team owner/participant from the league
they will be allowed to delete themselves AND their funds from the total collected funds in the league. If less than fifty percent (50%) of the team owners vote in favor of removal, then NO changes will be made. All participants understand AND agree that "removal from the league" will be their only method of recourse. In the event of a team owner/participant release, the total balance of the league funds will be reduced by the amount initially contributed by the released team owner/participant. All other terms and conditions will remain the same as they were at the origination of the league, with the dollar payouts being adjusted to compensate for the lower balance. The removed team owner/participant will be repaid their funds (less any transaction and/or convenience charges assessed at the time of payment) at the time of the final payout, or conclusion, of their "season." The only involvement by FSV will be to assist in communications between the participants to allow the above described policy to be followed. In the event of a participant, or team owner, not casting their singular vote, it shall be deemed their intention is to leave the league as is with no removal of the the team requesting this process occur.
NOTICE
Fantasy Sports Vault may provide you with notices, including those regarding changes to the Terms and Conditions, including by but not limited to email, phone, fax, regular mail, SMS, MMS, text message, postings on the website, or other reasonable means now known or hereinafter developed.
FANTASY SPORTS VAULT'S PROPRIETARY RIGHTS
You acknowledge and agree that the website and any necessary software used in connection with the website ("software, database, system") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Fantasy Sports Vault or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website or the system, in whole or in part.
Fantasy Sports Vault grants you a personal, non-transferable and non-exclusive right and license to use the object code of its system on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the system. You agree not to modify the software in any manner or form, nor to use modified versions of the system, including (without limitation) for the purpose of obtaining unauthorized access to the website. You agree not to access the website by any means other than through the interface that is provided by Fantasy Sports Vault for use in accessing the website.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANTASY SPORTS VAULT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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 SPORTS VAULT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE 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 WEBSITE IS ACCESSED 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 FANTASY SPORTS VAULT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
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 WEBSITE. 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 WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANTASY SPORTS VAULT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 FANTASY SPORTS VAULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (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 WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
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 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create a bulletin message or join any fantasy league based on responding to a bulletin post, please read the above carefully. The phrase, "Let the player beware" is apt. The Bulletin Board feature is provided for informational, matching, virtual meeting, purposes only, and the validity of any material there within included in the offering is intended for league creation or completion purposes. Fantasy Sports Vault and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Bulletin Board, and shall not be responsible or liable for any fantasy leagues that do not materialize based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in our Terms and Conditions, there shall be no third-party beneficiaries to this agreement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Fantasy Sports Vault respects the intellectual property of others, and we ask our users to do the same. Fantasy Sports Vault may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. We do not tolerate those user that fail to pay their fantasy league Buy-In Amounts and/or any other related league charges such as Add/Drop Transaction fees. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fantasy Sports Vault with a description of the copyrighted work, any legal collateral substantiating the claim, the artist’s signature, personal/company contact information, and a statement of good faith supporting the claim.
Fantasy Sports Vault's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Fantasy Sports Vault, LLC
3210 California Ave SW
Seattle, WA 98116
By phone: (206) 219-9833
By email: fsv@fantasysportsvault.com
GENERAL INFORMATION
Entire Agreement. Our Terms and Services agreement constitutes the entire agreement between you, the user, and Fantasy Sports Vault, the company, and governs your use on our website, taking precedence over any prior agreements between you and Fantasy Sports Vault with respect to the usage of our website. Additional terms and conditions may apply when, and if, you purchase alternate FSV services or any affiliate agreements.
Choice of Law and Forum. Our Terms and Conditions and our relationship with our user shall be governed by the laws of the State of Florida without regards to conflict of law provisions. You and FSV do agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Florida.
Waiver and Severability of Terms. The failure of FSV to enforce or exercise any right or provision of our Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 and Conditions remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Fantasy Sports Vault account is non-transferable and any rights to your Fantasy Sports Vault relationship (determined by Login ID and password) or materials within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all materials therein permanently deleted.
Statute of Limitations. Use of FSV implies 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 website or Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forfeited.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
VIOLATIONS/INFRACTIONS
Any violations or infractions of our Terms and Services should be reported to our Fantasy Fulfillment Specialists group.
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