Legal Notice of Terms and Conditions of Use for fantasysportslive.com
IMPORTANT LEGAL NOTICE! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE WEB SITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Fantasysportslive.com ("Web Site", "FSL") is an interactive online service operated by Fantasy Day Sports, Corp. ("Company" or "we," "our," or "us").
THESE TERMS OF USE GOVERN YOUR USE OF FANSTASYSPORTSLIVE.COM. You agree to these Terms Of Use by accessing or using the fantasysportslive.com, registering for services offered on fantasysportslive.com, or by accepting, uploading, submitting or downloading any information or content from or to fantasysportslive.com. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEB SITE.
User Agreement
Fantasy Day Sports, Corp. ("Company" or "we," "our," or "us") owns and operates fantasysportslive.com ("Web Site") that links to these Terms Of Use. We are pleased to offer you access to our Web Site and the ability to participate in our exclusive fantasy sports contests of skill, premium content products as well as web logs ("blog" or "blogs"), Chat rooms ("Community Areas") and other promotions (collectively the "Services") and other services that we may from time to time provide from our Web Site, subject to these Terms of Use (the "Terms of Use"), our privacy policy (the "Privacy Policy") and the Official Rules and Regulations for the applicable contests and promotions (the "Rules") and together with the Terms and the Privacy Policy, the "Agreements").
Consideration
You agree to these Terms Of Use by accessing or using the Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEB SITE.
Amendment
We may, in our sole discretion, modify, restrict, change, or otherwise alter the Agreements or the Web Site, in whole or in part, impose limits on certain features or Services on the Web Site or restrict your access to part or all of the Web Site. By continuing to access and use the Web Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations. We may not notify you of changes, alterations or modifications to the Agreements that are necessary or desirable, as we determine in our sole discretion.
Age and Limitations on Use
You must be at least 18 years of age to open an account, partisipate in contests, or win prizes offered by the Web Site, and be an eligible Legal Resident of the United States or Canada. In jurisdictions, territories, and locations where the minimum age for permissible use of the Web Site by you is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age at time of contest registration if you are a legal resident of Alabama or Nebraska. Legal Residents of all 50 states and Washington DC, excluding Arizona, Iowa, Louisiana, Maryland, Montana and Vermont, are eligible to open an account and participate in contests offered by the Web Site. Legal residents of the excluded states are ineligible for prizes offered by the Web Site, and are not allowed to open or maintain accounts on the Web Site. Legal Residents of Canada, excluding Quebec, are eligible to open an account and participate in contests offered by the Web Site.
Online Conduct
The Web Site is intended for the users' personal enjoyment. You agree and acknowledge that the Web Site and any community areas including but not limited to blogs, chat rooms, etc ("Community Areas") on the Web Site are public and not private communications. Web site users ("Users") shall use the Web Site for lawful purposes only. On occasion, Community Areas may be hosted or moderated by a third party. Any statement, action, or opinion that a third party host or moderator expresses shall be his or her own and does not represent Fantasy Day Sports, Corp. views or opinions. You agree that we shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such Community Areas. While we cannot review every Community Area or the placement of every link, and are not responsible for the content or the placement of any link to another site, we reserve the right to delete, move or edit content, blogs, and chat rooms or have such links removed if they are inaccurate, abusive, defamatory, obscene, in violation of an existing copyright or otherwise unacceptable in their nature or placement.
Fantasy Day Sports, Corp. promotes and supports active and open debate among its members. All we ask is that it's done in a lawful and civil manner - be it on, blogs, chat rooms or other Community Areas or using our systems to message other members directly ("User Content"). Accordingly, you agree to use the Web Sites for lawful purposes only. You may not use or allow others to use your Web Site account to: Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person; Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements); Post, transmit, or link to sexually explicit material; Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes; Intentionally violate any other applicable law or regulation while accessing and using the Web Site; Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
Fantasy Day Sports, Corp. may at any time, without prior notice and at our sole discretion, remove any post or terminate your membership for violating the above provisions. You agree to indemnify Fantasy Day Sports, Corp. and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of these terms and conditions. You're responsible for all statements made and acts that occur through the use of your user name and password. So please don't disclose your password to anybody. If it has been lost or stolen, let us know as soon as possible.
Fantasy Day Sports, Corp. does not claim ownership of User Content. However, you hereby grant Fantasy Day Sports, Corp. 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 your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed.
Restrictions Of Use Of Materials
All information, content and materials contained on Fantasy Day Sports, Corp. Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from the Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. The Web Site is only for your personal use. You may not use the Web Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
Submissions
We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work.
If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, anything that you submit to Fantasy Day Sports, Corp. including but not limited to ideas, reviews, comments, suggestions, or products, Fantasy Day Sports, Corp. shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works from such submissions.
Registration Information and Security
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof).
You also agree (a) to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Web Site. In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
Payment For Services
Users agree to pay for services offered by the Web Site through funded FSL accounts at the time of registration. Contest fees are nonrefundable after registration has occurred. In the event of a contest cancellation, contest entry fees will be returned to the User's account. All charges to User's accounts, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Fantasy Day Sports, Corp. reserves the right to change the amount of, or basis for determining, any fees or charges for the Services, and to institute new fees or charges effective upon prior notice to Users.
User's right to use the Services is subject to any limits established by Fantasy Day Sports, Corp. or, where applicable, by User's credit card issuer. If payment cannot be charged to User's credit card or PayPal account or User's charge or PayPal transaction is returned to Fantasy Day Sports, Corp. for any reason, Fantasy Day Sports, Corp. reserves the right to either suspend or terminate User's access and account, thereby terminating this Agreement and all obligations of Fantasy Day Sports, Corp. hereunder. Fantasy Day Sports, Corp. agrees that it will terminate User's account upon proper notice from User. Fantasy Day Sports, Corp. reserves the right to void any fantasy leagues that were entered using account funds that were obtained from deposits that were later reversed for any reason. In the event of a settled contest being voided, all prizes will be returned to Fantasy Day Sports Corp, and all entry fees will be returned to the users accounts participating in the voided fantasy league. The amount of any reversals will then be removed fro the user account with the reversal. Users may request the return of funds from their account at any time. Fund requests will be immediately debited from the User's account and be processed within three business days of the request. Recent, refundable credit card and PayPal account deposits will be refunded and the amount of the refund(s) deducted from the fund request amount prior to processing. Requests by check will be mailed to the User's mailing address on the account. If a User has reason to believe that his/her account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of User's ID, password, or any credit, debit or charge card number stored on the Services), User must promptly change his/her password and notify Fantasy Day Sports, Corp. of the problem to avoid possible liability for any unauthorized charges to User's account. Requests by PayPal will be sent to the Fantasy Sports Live Account ID on file.
Contests, and/or Promotions
Guaranteed prizes are offered in connection with many of the Services offered by the Web Site. Each contest or promotion is governed by its own set of official rules. We encourage you to read such contest and promotions Rules before participating.
Legal Requirements
All federal, state, local, and provincial laws and regulations apply. Contests offered by the Web Site may not be used for any form of gambling. Taxes for all prizes won on the Web Site if any, are the sole responsibility of the prizewinner. Fantasy Day Sports complies with IRS reporting requirements as required when certain prize amount thresholds are met.
Registration for Services
In most cases, to gain access to the Services, you must register on the Web Site. When and if you register to become a member, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Web Site.
As part of the registration process, you will be asked to select a user name and password. We may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
User Privacy
We respect your concerns about how we may gather and/or use personal information, and want to protect your privacy. When you initially access the Web Site, and on occasions when you access the Web Site thereafter, we may collect certain data in addition to the data collected during registration for the Services. Our Privacy Policy will govern how we may collect and use this data. By assenting to these Terms and using this Web Site, you evidence your agreement with, and understanding of, the Privacy Policy accessible on our Web Site.
Links To Other Web Sites
The Web Site may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Web Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Web Site. Fantasy Day Sports, Corp. may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Company of any Other Site(s) or resources, or their content. The Web Sites are only providing these links to you as a convenience.
Our Linking Policy
Any web site that links to the Web Site: (a) must not frame or create a browser or border environment around any of the Content of the Web Sites; (b) may link to, but not replicate, the Content; (c) must not imply that Company or the Web Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to the Web Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms Of Use, we reserve the right to deny permission to link to the Web Sites for any reason in our sole and absolute discretion
Third Party Content and Information
The Web Site contains Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Web Site or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
Descriptions of, or references to, products, services or publications within the Web Site do not imply endorsement of that product, service or publication.
Disclaimer Of Warranties
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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 THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING THE WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity
You agree to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Terms Of Use, including, without limitation: (a) your use of the Web Site; (b) your violation of these Terms Of Use or any law, rule or regulation; (c) your use of the Content; or (d) any of Your Upload Information. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the terms and provisions and in no event shall you settle any such claim without Company's prior written approval.
Governing Law and Interpretation
This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States, without regard to their conflict of laws provisions and the only venue in which any claim arising out of this Agreement may be brought shall be in Newport Beach, California.
Jurisdiction and Venue
You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in Orange County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content or materials on the Web Site are appropriate or available for use in any particular location. Those who choose to access the Web Site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
Termination and Effect of Termination
In addition to any other legal or equitable remedy, Fantasy Day Sports, Corp. may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of Fantasy Day Sports, Corp. Site. Fantasy Day Sports, Corp. may revoke any password(s) and/or account identification issued to you and deny you access to and use of Web Site. Any such action shall not affect any rights and obligations arising prior thereto.
General Provisions
These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.
