EliteFanstasyBasketball.com Terms of Service

 

Last modified: May 1, 2019

This page describes the terms and conditions that govern your use of elitefantasybasketball.com (the “Website”) provided by Elite Fantasy Basketball, L.P. (”Company,” “Our,” “Us,” or “We”), and the services offered on the Website (collectively with the Website, the “Services”).

For information on how We collect, use, and share any personal information, please see Our Privacy Policy located at (“Privacy Policy”). Your acceptance of these Terms of Service constitutes your consent to the processing activities described in Our Privacy Policy under the laws of your jurisdiction.

1. GENERAL RULES AND ACCEPTANCE

1.1 Your use of the Services is at all times subject to these terms. You should read these terms carefully and be sure you understand them prior to using the Services. Any use of the Services by you is deemed to be irrevocable acceptance of these terms. If you do not agree to these terms, you should not use, and should immediately exit, the Website. Accessing the Website only to review these terms or the Privacy Policy is not deemed to be use of the Website.

1.2 We may change, add or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Website.

1.3 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY (i) CANCEL YOUR ACCOUNT BY SENDING AN E-MAIL TO: the address provided in Section 10.3 below AND/OR (ii) DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.

1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2. CONTENT ON THE SERVICES

2.1 All right, title and interest in any content (including, but not limited to, all intellectual property rights therein) made available through the Website (collectively “Content”) belongs to, or is licensed by, the Company, unless expressly stated otherwise by the Company. You may access and use any Content solely in connection with your authorized use of the Services, and for no other purpose; provided, however, that you may not, in any case, use any Content for any purpose prohibited by (a) the Company, in its sole discretion, after you receive notice of such prohibition, (b) these terms, or (c) any applicable law.

3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE

3.1 If you post any content on the Service, you represent to Us that you have all the necessary legal rights to post such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute, or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute, or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.

3.2 The Services shall be used only in a noncommercial manner. You shall not, without Our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services.

3.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to, comments on blog posts) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by the Company and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.

3.4 You grant to the Company a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for the Company, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, modify and adapt in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services.

3.5 You are solely responsible for the content of your Submissions. However, while We do not and cannot review every Submission and are not responsible for the content of these messages, We reserve the right to delete, move, or edit Submissions that We, in Our sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.

3.6 By making a Submission, you are consenting to its display and publication on the Website and in the Services and for related online and offline promotional uses.

4. PROHIBITED USE OF THE SERVICES

4.1 You may not access or use, or attempt to access or use, the Services to take any action that could harm Us or a third party. You may not use the Services in violation of applicable laws or in violation of Our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without Our prior written consent, you shall not:

(i) access any part of the Services, Content, data or information you do not have permission or authorization to access or for which We have revoked your access;

(ii) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;

(iii) take action that imposes an unreasonable or disproportionately large load on Our network or infrastructure; and

(iv) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.

Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

5. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that you are at least sixteen years old; and (c) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service. You hereby indemnify, defend and hold harmless the Company and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 The information at this site is for news and entertainment purposes only. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity, including without limitation, the Company. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company is not a gambling operator or provider of online sports betting, and does not endorse gambling or betting of any kind. Any use of this information in violation of federal, state, or local laws is prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE DISTRIBUTED 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. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, OR OTHER ADVICE. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

5.3 IN NO EVENT WILL WE, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“COMPANY PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES”). IN NO EVENT WILL ANY LIABILITY OF THE COMPANY WITH RESPECT TO THE SERVICES EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR (B) $100. THE LIMITATIONS OF THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE COMPANY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

6. REGISTRATION AND SECURITY

6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also can be requested to provide certain registration information, which must be accurate and updated.

6.2 Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of the Company. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that We, in Our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account. A registration cannot be transferred by you to a third party. Any attempt by you to transfer a registration to a third party will be ineffective.

6.3 Please notify Us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.4 You must be 16 years or older to use any part of the Services. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete the purchase and/or registration on your behalf.

6.5 You are responsible for all usage or activity on your account with Us, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Our sole discretion, and We may refer you to appropriate law-enforcement agencies.

7. FEES AND PAYMENTS

7.1. We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless We obtain your prior agreement to pay such charges. Thus, if at any time We require a fee for portions of the Services that are now free, We will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Website and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by Us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

8. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES.

8.1 The Services may contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because We are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.

9. TERMINATION

9.1 You may terminate your account at any time by contacting Us at the address in Section 10.3 below. The Company may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.

10. MISCELLANEOUS

10.1 These terms (a) shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws, and (b) along with Privacy Policy and other provisions contained on the Website, constitute the entire agreement between you and WNY with respect to the subject matter of these terms, and supersede all prior proposals, representations, understandings and agreements. No right or remedy under these terms will be deemed waived unless set forth in a writing signed by the party granting such waiver. To the extent there is any conflict or inconsistency between any provision of these terms and any statement contained on the Website, the former will control. There are no third-party beneficiaries of these terms, and these terms cannot be enforced or relied upon by any third party.

10.2 The Company may monitor your use of the Website to confirm that you are complying with your obligations pursuant to these terms or for other legitimate business purposes; provided, however, that the Company has no obligation to do so and any such monitoring will be at Our sole discretion. The Company will have no liability to you or any third party in connection with its monitoring (or not monitoring) such use.

10.3 Notices and other correspondence should be sent to EliteFantasyBball@gmail.com. Any such notice will be effective upon actual receipt by the Company. We may send any such notices to you through e-mail or a general posting on the Website. Any such notice from Us will be effective (a) immediately upon Our sending such notice to you at the e-mail address it has in its records for you, and (b) immediately upon your entering the Website after such notice is posted on the Website.

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