Terms of Use/Terms of Service (TOS)
BY CLICKING ACCEPT OF THE TERMS OF SERVICE YOU ARE AGREEING TO BE BOUND BY BOTH THE REALGM TERMS OF USE AND THE ROTOHOG TERMS OF SERVICE (TOS)
|
REAL GM TERMS OF USE
AGREEMENT WITH TERMS OF USE
These terms of use set forth the rules and conditions that apply to use of RealGM.com ("Terms of Use") by any individual visiting RealGM.com ("Visitor"). By accessing RealGM.com, you signify your assent to the following Terms of Use. If you do not agree, you have no right or license to access RealGM.com and you should not do so. In its sole, exclusive and unlimited discretion, RealGM, L.L.C. ("RealGM") may terminate and/or restrict the Visitor's account, and/or ban the IP address of the Visitor's account, for any reason, including any violation of these Terms of Use, or for no reason at all.
CHANGES TO TERMS OF USE
RealGM has the right to change or discontinue any aspect or feature of RealGM.com, including, without limitation, content, hours of availability, and equipment needed for access or use, at any time. RealGM has the right to change or modify the Terms of Use applicable to Visitor's use of RealGM.com, or any part thereof, or to impose new Terms of Use, including, without limitation, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, without limitation, posting on RealGM.com, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of RealGM.com by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
CONDUCT OF VISITOR AND LAWFUL USE
Visitor shall use RealGM.com for lawful purposes only. Visitor shall not post or transmit through RealGM.com any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless RealGM has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in RealGM's discretion restricts or inhibits any other Visitor from using or enjoying RealGM.com is expressly prohibited. All of the content appearing on RealGM.com is solely and exclusively for entertainment purposes and shall not be used for any other purpose whatsoever.
INTELLECTUAL PROPERTY NOTICES
CONTRACTUAL NON-USAGE / MISAPPROPRIATION
RealGM.com contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, tables, charts, lists, software, photos, video, graphics, music, and sound, portions of which are owned by RealGM. The entire contents of RealGM.com are copyrighted as a collective work/compilation. RealGM owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in all of the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the materials on RealGM.com for Visitor's personal, non-commercial use only. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of RealGM. In the event of any permitted copying, redistribution or publication of such materials, no changes, in or deletion of, author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that Visitor does not acquire any ownership rights by downloading such materials.
No Visitor shall in any way make any commercial use of any of the materials or intellectual property, without limitation, on RealGM.com, regardless of whether such is independently protected by U.S. law. That is, each and every Visitor that in any way uses any part of RealGM.com agrees to a contractual agreement with RealGM that the Visitor shall not use RealGM.com for any commercial purpose of any kind, and that all such usage shall be for entertainment purposes only. Any commercial usage of RealGM.com shall be in violation of this contractual agreement and any usage of such materials shall constitute misappropriation entitling RealGM to equitable relief or legal damages.
Visitor shall not upload, post or otherwise make available on RealGM.com any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, respectively, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of RealGM.com, Visitor automatically grants or warrants that the owner of such material has expressly granted RealGM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology, now known or hereafter developed, for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants RealGM the right to edit, copy, publish and distribute any material made available on RealGM.com by Visitor.
TRADEMARKS AND SERVICE MARKS
Team logos that appear on RealGM.com are the trademarks and property of the National Basketball Association and its respective member teams. The limited use of these trademarks is intended to provide Visitors a symbolic representation of the team names and their respective players and to convey non-verbal meaning (these pictoral indicators are necessary in the case of some non-English-reading Visitors); use of these marks is therefore for utilitarian, communicative and informational media purposes only: THE USE OF THESE MARKS ON RealGM.com IN NO WAY INDICATES, IMPLIES OR SUGGESTS SPONSORSHIP OR ENDORSEMENT BY, OR ASSOCIATION OR AFFILIATION WITH, RealGM.com BY THE NATIONAL BASKETBALL ASSOCIATION OR ITS RESPECTIVE MEMBER TEAMS. Besides the foregoing, and unless otherwise indicated, trademarks and service marks that appear on RealGM.com are owned by and property of RealGM. RealGM.com is the service mark and property of RealGM. Any other trademarks or service marks that appear on RealGM.com are the property of their respective owners.
POSTINGS
NO RESPONSIBILITY OR LIABILITY FOR POSTINGS
To the extent that portions of RealGM.com (such as "chat rooms," "message boards," and "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT REALGM DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON RealGM.com, and Postings do not necessarily reflect the views of RealGM. To the fullest extent permitted by applicable laws, RealGM shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on RealGM.com.
MONITORING OF POSTINGS
RealGM reserves the right to monitor all Postings and to remove any which it considers in its sole discretion to be offensive or otherwise in breach of these Terms of Use.
Visitor Warrants All Necessary Rights
Visitor hereby represents and warrants that (i) Visitor has all necessary rights in and to all Postings Visitor provides and all material they contain; (ii) Visitor's Postings shall not infringe any proprietary or other rights of third parties; (iii) Visitor's Postings shall not contain any viruses or other contaminating or destructive devices or features; (iv) Visitor's Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and (v) Visitor's Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Visitor Authorizes Others to Use
Visitor hereby authorizes RealGM to use, and/or authorizes others to use, all or part of Visitor's Postings in any manner, format, or medium that RealGM or such other parties see fit. Visitor shall have no claim or other recourse against RealGM for infringement of any proprietary right in Postings.
DISCLAIMER OF WARRANTIES AND DAMAGES AND LIMITATION OF LIABILITY
USE IS AT VISITOR'S RISK
VISITOR EXPRESSLY AGREES THAT USE OF RealGM.com IS AT VISITOR'S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER REALGM, NOR ANY OF ITS EMPLOYEES, CONSULTANTS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT RealGM.com's SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF RealGM.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH RealGM.com. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS VISITOR'S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON RealGM.com OR ANY SITES WITH WHICH IT IS LINKED. REALGM MAY PROVIDE TECHNOLOGY AUTOMATICALLY LINKING AND/OR REFERENCING SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE RealGM.com HAS NO CONTROL OVER SUCH SITES AND INFORMATION, REALGM MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION, AND REALGM ASSUMES NO RESPONSIBILITY SHOULD, FOR ANY REASON, THE SEARCH LOCATE UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF VISITOR'S USE OF RealGM.com MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. RealGM.com MAKES NO CLAIM THAT THIS MIGHT NOT OCCUR.
NO WARRANTIES OF RealGM.com's SERVICE
RealGM.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
DISCLAIMER OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION-LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD OF ANY TYPE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT REALGM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
VISITOR'S WAIVER OF DAMAGES
IN NO EVENT WILL REALGM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING RealGM.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, RealGM.com. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON RealGM.com.
IN ADDITION TO THE TERMS OF USE SET FORTH ABOVE, NEITHER REALGM NOR ANY OF ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN RealGM.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
NOTICE
You may give notice to RealGM (such notice shall be deemed given upon receipt) by electronic mail to Legal@RealGM.com.
INDEMNIFICATION
Visitor agrees to defend, indemnify and hold harmless RealGM and its directors, officers, employees, consultants, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of RealGM.com.
EQUIPMENT FOR VISITOR'S USE
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, software and other equipment that is now or may in the future be necessary for access to and use of RealGM.com and for any/all charges related thereto.
RealGM.com's CONTENT
A portion of RealGM.com's content may be supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of RealGM. Neither RealGM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. RealGM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on RealGM.com by anyone other than employee spokespersons of RealGM acting in their official capacities.
CONTROLLING LAW
These Terms of Use shall be construed in accordance with the laws of the State of Illinois, in the United States of America, without regard to principles of conflicts of laws. Any cause of action of any nature arising out these Terms of Use shall be brought in a federal or state court of competent jurisdiction within the City of Chicago, Cook County, State of Illinois, in the United States of America. Visitor hereby consents to the jurisdiction of such court and further waives any argument that any such court does not have jurisdiction over such cause of action or that venue in any such court is not appropriate or convenient.
ENTIRE AGREEMENT
These Terms of Use, and any operating rules for RealGM.com established by RealGM, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
HEADINGS
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
ROTOHOG TERMS OF SERVICE AND CONTEST RULES
Revised January 21, 2008
Welcome to Sports Composite DE Inc.'s RotoHog ("RotoHog") web site located at www.rotohog.com ("Site") that allows you to play fantasy baseball against others with the chance to win cash prizes ("Contest") and to access professional sports-related news and information.
The following Terms of Service for the Site is a legal contract between you, either an individual customer, member, or user ("You" or, collectively, "Users"), and RotoHog regarding your use of the Site.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.Eligibility
To participate in any RotoHog contest shown below, you must be an individual who resides in one of the fifty United States of America or Canada and must be at least the age of majority in your jurisdiction of residence for the duration of the Contest. If you are a resident of Arizona, Iowa, Louisiana, Maryland, Montana, and Vermont at the beginning of the Contest, you are permitted to play in the Contest, but you are not eligible to win prizes. Residents of Florida can win prizes in all contests except Paid leagues and Jackpot leagues. Void where prohibited and where any registration, bonding or translation required. Residents of Quebec and any jurisdiction that does not permit awarding of cash prizes are not eligible to participate. Sports Composite DE, Inc. and its subsidiaries and affiliates (collectively, "RotoHog"), in its sole discretion, shall determine the eligibility of Entrants and the time of entry.
Employees, independent contractors, investors, advisors, officers, and directors of RotoHog, its subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of such persons, its affiliates with the exception of users participating in the RotoHog Affiliate Program, are not eligible to participate in any RotoHog contest.
Entrants who do not comply with any of the requirements of these Official Rules herein (the "Rules") or the RotoHog Terms of Service are not eligible to compete or win a prize.
Entry
All entries to the Contest must be submitted electronically by registering for a RotoHog account on www.RotoHog.com (the "Site"). The registration form must be completed accurately and in its entirety. ONLY ONE ENTRY PER PERSON IS PERMITTED.
By submitting an entry for any RotoHog contest, you agree to abide by and be bound by these Rules and any decision RotoHog or its designees make regarding any matters relating to a contest. RotoHog reserves the right to disqualify from any RotoHog contest, and any future contest or other promotion conducted by RotoHog, and to prosecute to the fullest extent permitted by law, any entrant who, in RotoHog's reasonable suspicion, tampers with the Site, entry process or a contest, violates these Rules, engages in any cheating or collusion, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification or ineligibility of any winner, RotoHog may replace such winner with the next runner-up at the sole discretion of RotoHog. Canadian winners will be required to take a skills test before collecting prizes.
By entering into a RotoHog contest, you consent to RotoHog's use of your name, photograph and/or likeness, address, voice, fantasy football selections, and statements made by or attributed to you, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice or approval, unless prohibited by law.
Judging
Judging to determine the winner will be conducted by RotoHog or its designee(s). Winners will be determined by the points earned by each entrant through play in a RotoHog Contest. Play in a RotoHog contest usually consists of drafting and managing a fantasy football team, as described in detail on the Site's Help section which begins at Support, as may be changed by RotoHog from time to time. Prizes will be awarded to the number of eligible entrants who have earned the most points out of all other eligible entrants by the contest End Date per the schedules shown for their respective contests below. RotoHog will be the sole inspector and final arbiter of this number, and will use its internal software and internal analysis to determine the number of points earned by each entrant. In addition, RotoHog may from time to time choose to conduct, and award other prizes in connection with, interim contests. By way of example, this could include the awarding of prizes for entrants who earn the most points in a certain week or month, or who improve the most from one month to the next with respect to points earned. RotoHog will elect whether or not to conduct interim contests in its sole discretion
Odds of Winning
The odds of winning in any RotoHog contest depend on your skill in drafting and managing a RotoHog fantasy football team and in predicting the relative performance of athletes and on the number of participants. In addition, the odds of winning depend on how late you enter any contest, since later entrants have less total time in which to accumulate points relative to entrants who entered earlier.
Finality of Decisions
All decisions of RotoHog are final and binding in all matters relating to any RotoHog contest.
Prizes for different contests are outlined below. Also, RotoHog may award other prizes from time to time in connection with any interim contests as described above under "Judging."
Each prize will be awarded and mailed to the winner in the form of a check
No substitutions are permitted, except RotoHog reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Rules.
Taxes: ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
RotoHog reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than any portion withheld for tax purposes or as otherwise required by applicable law) to the winners only and are not transferable. The winner will be required to supply a Social Security number (or, in Canada, a Social Insurance Number) or Taxpayer ID prior to the award of any prize.
Notification of Winner
The winners will be notified by e-mail and/or regular mail and must sign and return an affidavit (or, in Canada, a declaration) of eligibility and compliance with these Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an individual, entries will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The winners may be required to provide RotoHog with proof that the potential winner is the Authorized Account Holder of the e-mail address associated with the winner.
The name of the winners will be posted for a period of time at http://www.RotoHog.com. The name of the winners may also be obtained by mailing a self-address, stamped envelope to RotoHog.com, 9800 La Cienega Blvd, Suite 904, Inglewood, CA 90301. Vermont residents may eliminate return postage.
Disclaimer and Limit of Liability
ROTOHOG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PRIZE OR AN ENTRANT'S PARTICIPATION IN ANY CONTEST. ROTOHOG SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE CONTEST, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, SERVER, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE CONTEST TO BE DISRUPTED OR CORRUPTED. ROTOHOG RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, SUSPENSION OR TERMINATION OF THE FOOTBALL SEASON OR OTHER UNFORESEEABLE EVENT ALTERS, CORRUPTS OR MAKES IMPOSSIBLE THE ADMINISTRATION OF ANY CONTEST.
Release
BY ENTERING INTO ANY CONTEST(S), EACH ENTRANT AND EACH OF ITS EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS AND AGENTS RELEASES AND AGREES TO HOLD HARMLESS ROTOHOG AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING AND PARTICIPATING IN THE CONTEST; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE CONTEST(S).
Governing Law
Any Contest and the rights and obligations of RotoHog and entrants will be exclusively governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, Santa Clara County. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located within such state and county with respect to any action, dispute or other matter pertaining to or arising out of the Contest.
Sponsor
The Sponsor of this Contest is Sports Composite DE, Inc. (dba RotoHog), 9800 La Cienega Blvd, Suite 904, Inglewood, CA 90301.
Welcome to Sports Composite DE Inc.'s RotoHog ("RotoHog") web site located at www.rotohog.com ("Site") that allows you to play fantasy baseball against others with the chance to win cash prizes ("Contest") and to access professional sports-related news and information.
The following Terms of Service for the Site is a legal contract between you, either an individual customer, member, or user ("You" or, collectively, "Users"), and RotoHog regarding your use of the Site.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.
Eligibility. THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY ROTOHOG. By clicking the "I Agree" button or by otherwise downloading, installing, or using the Site, you represent that you are at least 13 years of age and have not been previously suspended or removed from the Site by RotoHog. In addition, eligibility for the Contest is subject to the Contest Rules. The Contest Rules are hereby incorporated into these Terms be reference.
Your Privacy. Your privacy is important to RotoHog. RotoHog's Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to RotoHog's collection, use, and disclosure of your personal information.
No Affiliation. You acknowledge that RotoHog is not in any way affiliated with or endorsed by Major League Baseball, the National Football League, the National Basketball Association, the National Hockey League, or any other professional sports organization.
Certain Features and Services. When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
Changes to these Terms. RotoHog reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Site.
Digital Millennium Copyright Act. It is RotoHog's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. RotoHog will promptly terminate without notice any User's access to the Site if that User is determined by RotoHog to be a "repeat infringer." A repeat infringer is a User who has been notified by RotoHog of infringing activity violations more than twice and/or who has had any Content removed from the Site more than twice.
User Posted Content.
License Grant to RotoHog for Content. By posting content on any message board on the Site, you hereby grant to RotoHog a worldwide, perpetual, non-exclusive, transferable, assignable, fully paid-up, royalty-free license, with the right to sublicense, to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your content, in any media formats and through any media channels, whether now existing or devised in the future.
Content Representations and Warranties. You are solely responsible for your content and the consequences of posting or publishing it. By uploading and publishing your content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize RotoHog to use and distribute your content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by RotoHog and the Terms; (2) your content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your content does not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. ROTOHOG RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USERS WHO VIOLATE THE TERMS.
Content Disclaimer. You understand that when using the Site you will be exposed to content posted by other Users, and that RotoHog is not responsible for any aspect of such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RotoHog with respect thereto. RotoHog does not endorse any User-posted content or any opinion, recommendation or advice expressed therein, and RotoHog expressly disclaims any and all liability in connection with such content. If notified by a third party of content that allegedly does not conform to the Terms, RotoHog may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice.
Prohibited Conduct.
BY USING THE SITE YOU AGREE NOT TO:
use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to play in the fantasy sports contests offered on the Site;
post, upload, or distribute any content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that is defamatory, libelous, or inaccurate;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
delete the copyright or other proprietary rights on the Site;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to any third party. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for personal, non-commercial use only;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
intentionally interfere with or damage operation of the Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
RotoHog Account. When you use certain Site features, you will be asked to log-in to your RotoHog account using your password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to RotoHog during the account registration process and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify RotoHog. You shall be liable for the losses incurred by RotoHog or others due to any unauthorized use of your Site account.
Third-Party Sites, Products and Services. The Site may include links or references to other web sites or services solely as a convenience to Users ("Third-Party Sites"). RotoHog does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, are solely between you and such third party. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH THIRD-PARTY SITES IS SOLELY AT YOUR OWN RISK.
Termination; Violation of These Terms.
RotoHog. You agree that RotoHog, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with RotoHog or your use of the Site and remove and discard all or any part of your account, User profile, and any of your Content, at any time. RotoHog may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that RotoHog will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RotoHog may have at law or in equity.
Remedy. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of this Terms of Service, (iii) any policy or practice of RotoHog in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate this Terms of Service by discontinuing use of any and all parts of the Site.
Ownership; Proprietary Rights. The Site is owned and operated by RotoHog. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by RotoHog (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and owned by Users, all Materials contained on the Site are the property of RotoHog or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to RotoHog or its affiliates and/or third-party licensors. Except as expressly authorized by RotoHog, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials, including Content. RotoHog reserves all rights not expressly granted in this Terms of Service.
Indemnification. You agree to indemnify, save, and hold RotoHog, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. RotoHog reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RotoHog, and you agree to cooperate with RotoHog's defense of these claims. RotoHog will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties.
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROTOHOG, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROTOHOG OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 13, THE TERM "ROTOHOG" INCLUDES ROTOHOG'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
"As Is" and "As Available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. ROTOHOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Site Operation and Content. ROTOHOG DOES NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability and Damages.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ROTOHOG OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, LOST WINNINGS, OR LOSS OF ANTICIPATED PROFITS OR WINNINGS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH ROTOHOG, EVEN IF ROTOHOG OR A ROTOHOG AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ROTOHOG'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages. IN NO EVENT WILL ROTOHOG OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ROTOHOG AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
Limitations by Applicable Law. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Miscellaneous.
Notice. RotoHog may provide you with notices, including those regarding changes to RotoHog's terms and conditions, by email, regular mail or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless RotoHog is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
Waiver. The failure of RotoHog to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by RotoHog.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or RotoHog will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RotoHog without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6, and 10-15.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and RotoHog relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by RotoHog as set forth in Section 5 above.
Claims. YOU AND ROTOHOG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact Information. The services hereunder are offered by Sports Composite DE Inc., located at: 9800 La Cienega Blvd., Suite 904, Inglewood, CA 90301 and email: customerservice@rotohog.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
