Thank you for visiting the
FantasyStreak.com website
located at www.fantasystreak.com
(the “Site”). You agree
to the following FantasyStreak.com
Terms of Service (“Terms
of Service”), in their entirety,
when you: (a) access or
use our Site; (b) register
as a member (“FantasyStreak.com
Member”) of the Site, which
provides you with access
to the Site’s products,
services and various interactive
features (collectively,
the “FantasyStreak.com Services”);
and/or (c) register for
one of our sweepstakes,
promotional offers or contests
(the “Sweepstakes”). These
Terms of Service are inclusive
of the FantasyStreak.com
Privacy Policy and any
and all other applicable
FantasyStreak.com operating
rules, policies, price schedules
and other supplemental terms
of service or documents
that may be published from
time to time, which are
expressly incorporated herein
by reference (collectively,
the “Agreement”). Please
review the Agreement carefully.
If you do not agree to the
terms of service contained
within the Agreement in
its entirety, you are not
authorized to become a FantasyStreak.com
Member, use the FantasyStreak.com
Services and/or the Site
in any manner or form whatsoever.
1. Scope of Agreement.
You agree to the terms of
service outlined in the
Agreement with respect to
your use of the FantasyStreak.com
Services and/or the Site.
The Agreement constitutes
the entire and only agreement
between you and FantasyStreak.com
with respect to your use
of the FantasyStreak.com
Services and/or the Site
and supersedes all prior
or contemporaneous agreements,
representations, warranties
and/or understandings with
respect to your use of the
FantasyStreak.com Services,
Site, the content contained
therein and/or the products,
services and/or programs
provided by or through same.
Unless explicitly stated
otherwise, any future offer(s)
made available to you on
the Site that augment(s)
or otherwise enhance(s)
the current features of
the Site shall be subject
to the Agreement. You understand
and agree that FantasyStreak.com
is not responsible or liable
in any manner whatsoever
for your inability to use
the FantasyStreak.com Services
and/or the Site.
2. Modification.
We may amend the Agreement
from time to time in our
sole discretion, without
specific notice to you;
provided, however, that:
(a) any amendment or modification
to the arbitration provisions,
prohibition on class action
provisions or any other
provisions applicable to
dispute resolution (collectively,
“Dispute Resolution Provisions”)
shall not apply to any disputes
incurred prior to the applicable
amendment or modification;
and (b) any amendment or
modification to pricing,
payouts, and/or billing
provisions (“Billing Provisions”)
shall not apply to any charges
incurred prior to the applicable
amendment or modification.
The latest Agreement will
be posted on the Site, and
you should review the Agreement
prior to using the Site.
By your continued use of
the Site, FantasyStreak.com
Services, you hereby agree
to comply with, and be bound
by, all of the terms of
service contained within
the Agreement effective
at that time (other than
with respect to disputes
arising prior to the amendment
or modification of the Dispute
Resolution Provisions, or
charges incurred prior to
the amendment or modification
of the Billing Provisions,
which shall be governed
by the Dispute Resolution
Provisions and/or Billing
Provisions then in effect
at the time of the subject
dispute or incurred charges,
as applicable). Therefore,
you should regularly check
this page for updates and/or
changes.
3. Requirements.
The Site FantasyStreak.com
Services are available only
to individuals that are
at least eighteen (18) years
of age and that can enter
into legally binding contracts
under applicable law. RESIDENTS
OF STATES OF ARIZONA, IOWA,
LOUISIANA, MARYLAND, MONTANA,
NORTH DAKOTA, PUERTO RICO,
VERMONT AND WHERE OTHERWISE
PROHIBITED BY LAW MAY ONLY
PARTICIPATE IN THE FREE
STREAKS (AS DEFINED BELOW),
AND SHALL NOT BE ELIGIBLE
TO WIN ANY CASH PRIZES (AS
DEFINED BELOW).
4. Registration/Account.
In order to obtain FantasyStreak.com
Services and/or register
as a Member of FantasyStreak.com,
you must first submit the
applicable registration
form to FantasyStreak.com
for review and initial approval.
FantasyStreak.com reserves
the right, in its sole discretion,
to deny access to the FantasyStreak.com
Services to anyone at any
time and for any reason,
whatsoever. The registration
data that you must supply
on the Site in order to
obtain FantasyStreak.com
Services and/or register
as a Member of FantasyStreak.com
may include, without limitation,
some or all of the following:
(a) your full name; (b)
email address; (c) billing
address; (d) daytime, evening
and/or cellular telephone
numbers; (e) credit card
information; (f) date of
birth; and/or (g) any other
information requested on
the applicable form (collectively,
“Registration Data”). You
agree to provide true, accurate,
current and complete Registration
Data and to update your
Registration Data as necessary
in order to maintain it
in an up to date and accurate
fashion. FantasyStreak.com
will verify and approve
all registrants in accordance
with its standard verification
procedures. During registration,
you will be asked to provide
a username and password
to use as your account login
identification, where applicable
(“Log In”). If the Log In
that you request is not
available, you will be asked
to supply another Log In.
If FantasyStreak.com approves
your Member application,
FantasyStreak.com will set
up your specific account
(“FantasyStreak.com Services
Account”). You are responsible
for maintaining the confidentiality
of your FantasyStreak.com
Services Account, Log In
and for restricting access
to your computer, and you
agree to accept responsibility
for all activities that
occur through use of your
FantasyStreak.com Services
Account and Log In.
5. Content Subject to
the terms of service of
the Agreement, end-user
visitors to the Site that
possess the requisite technology
shall have the opportunity
to view and listen to all
of the sports-related and
other media (downloaded,
streaming or samples), statistics,
software, text, images,
graphics, user interfaces,
audio, trademarks, logos,
artwork and other content
featured on the Site (collectively,
“Content”) as compiled,
distributed and displayed
by Members, FantasyStreak.com,
as well as third party websites/services/entities
(collectively, “Third Party
Providers”) that provide
sports-related news and
information on the Site
via updated news feeds (“News
Feeds”). The Content will
be organized by theme and
genre to enable end-users
to locate areas of interest.
6. Description of FantasyStreak.com
Services. By registering
as a Member on the Site,
agreeing to the Agreement
and receiving approval from
FantasyStreak.com, you can
obtain, or attempt to obtain,
a FantasyStreak.com Services
Account. A FantasyStreak.com
Services Account will enable
you to utilize the Site’s
many products, services
and other features including,
but not limited to: (a)
viewable Content and News
Feeds; (b) interactive features
designed to foster interaction
between you and other Site
Members, such as live chats
and Member comments sections
(“Interactive Services”).
The FantasyStreak.com Streaks
can either be played for
a fee, with a chance to
win cash prizes (“Pay Streaks”)
or for free (“Free Streaks”),
with a chance to win win
cash prizes. FantasyStreak.com
reserves the right to prohibit
any conduct by Members or
to remove any materials
or Content posted by Members
to the Interactive Services
or other areas of the Site
that FantasyStreak.com deems,
in its sole and absolute
discretion, to be in violation
of the Agreement or which
FantasyStreak.com believes
to be illegal, potentially
harmful to others, otherwise
objectionable or that same
may expose FantasyStreak.com
to harm, damage to reputation
or liability. Notwithstanding
the foregoing, FantasyStreak.com
undertakes no responsibility
to monitor or otherwise
police the actions of Members,
Content, News Feeds and/or
other material posted by
Members.
FantasyStreak.com Streaks
Entry: In connection with
Pay Streaks, Members must
pay the applicable starting
fee in advance of starting
FantasyStreak.com Streak.
The Starting Amount will
be predetermined and set
forth in the applicable
Streak
Rules.
FANTASYSTREAK.COM IS NOT
RESPONSIBLE FOR ATTEMPTED
FANTASYSTREAK.COM STREAK
REGISTRATIONS THAT ARE LOST,
LATE, ILLEGIBLE, MISDIRECTED,
DAMAGED, INCOMPLETE OR INCORRECT,
OR FOR YOUR FAILURE TO PARTICIPATE
IN, OR COMPLETE, A SCHEDULED
FANTASYSTREAK.COM STREAK.
IF YOU FAIL TO ENTER A FANTASYSTREAK.COM
STREAK INCLUDING, WITHOUT
LIMITATION, WHERE YOU CANNOT
ACCESS THE SITE FOR ANY
REASON WHATSOEVER, YOU WILL
NOT BE ABLE TO PARTICIPATE
IN THAT FANTASYSTREAK.COM
STREAK.
Scoring/Prizes: Each entrant
will earn StreakPoints based
on the performance, during
the applicable Streak Duration.
The specific payout system
for each FantasyStreak.com
Streak, and the number of
Wins In A Row, will be predetermined
and set forth in the applicable
Streak
Rules
and the
StreakPoints Payout Chart.
FantasyStreak.com will be
responsible for tallying
the Wins In A Row for each
FantasyStreak.com Streak.
The winner(s) of the Pay
Streaks, as determined by
FantasyStreak.com, will
receive the applicable StreakPoints,
and the winner(s) of the
Free Streaks, as determined
by FantasyStreak.com, will
receive the applicable StreakPoints.
StreakPoints will be paid
out via check to the mailing
address on file. Checks
are automatically deducted
$8.95 to cover expedited
shipping and handling fees.
You are responsible for
paying any sales, use or
other taxes related to any
monetary prizes in connection
with the FantasyStreak.com
Streaks. For all FantasyStreak.com
Streak Rules, please see
the
Rules page.
ALL DETERMINATIONS BY FANTASYSTREAK.COM
WITH RESPECT TO POINTS,
WINNERS, PAYOUTS WILL BE
MADE IN FANTASYSTREAK.COM'S
SOLE AND ABSOLUTE DISCRETION,
AND WILL BE FINAL AND BINDING
ON YOU.
YOU UNDERSTAND AND AGREE
THAT FANTASYSTREAK.COM IS
NOT RESPONSIBLE OR LIABLE
IN ANY MANNER WHATSOEVER
FOR YOUR INABILITY TO USE
THE FANTASYSTREAK.COM STREAKS.
Interactive Services
Subject to the restrictions
contained herein including,
without limitation, those
contained in Section 6(C)
below, the Interactive Services
allow Members to participate
on message boards and other
interactive areas of the
Site during use, and otherwise.
In connection with the Interactive
Services, each Member shall
be solely responsible for
the comments, opinions,
statements, offers, propositions,
feedback and other content
(“Feedback”) posted by and
through the Interactive
Services. Members are forbidden
from posting website links,
buttons, banner ads, co-registration
paths, copy or processes
for generating actions (“Links”)
in any Feedback, and/or
advertising of third party
products and/or services
within the Interactive Services.
FantasyStreak.com reserves
the right to prohibit any
conduct by Members or remove
any Feedback from the Interactive
Services and/or Site at
any time and for any reason,
in FantasyStreak.com's sole
discretion. The reasons
for removal may include
where FantasyStreak.com
believes that the Feedback
posted by a Member is unsuitable
for the Interactive Services
and/or Site for any reason
including, without limitation:
(i) that the Feedback contains
or links to material that
could be considered unlawful,
harmful, threatening, defamatory,
obscene, harassing or otherwise
objectionable; (ii) that
the Feedback contains or
links to material that infringes
upon the trademark, trade
name, service mark, copyright,
license, or other intellectual
property or proprietary
right of any third party;
(iii) where FantasyStreak.com
believes that a Member is,
at any time, conducting
any commercial activity
by and through the Interactive
Services; and/or (iv) where
FantasyStreak.com believes
a Member to be in violation
of the Agreement. The Interactive
Services contain Content
and Feedback that are provided
directly by Members. You
understand and agree that
FantasyStreak.com shall
not be liable to you, any
end-users or any third party
for any claim in connection
with your use of the Interactive
Services. You agree that
FantasyStreak.com shall
have no obligation and incur
no liability to you in connection
with any Content and/or
Feedback appearing in the
Interactive Services. FantasyStreak.com
does not represent or warrant
that the Content and/or
Feedback posted in the Interactive
Services is accurate, complete
or appropriate. You understand
and agree that FantasyStreak.com
is not responsible or liable
in any manner whatsoever
for your inability to use
the Interactive Services.
Terms of Use and Restrictions
As a Member, you agree that
you are solely responsible
for the Feedback, Content
and/or other information
that you publish, transmit
and/or post through use
of the Interactive Services.
You agree to use the Interactive
Services in a manner consistent
with any and all applicable
laws and regulations. In
connection with your use
of the Interactive Services,
you agree not to: (i) display
any telephone numbers, street
addresses, last names, URLs,
email addresses or any confidential
information of any third
party; (ii) display any
audio files, text, photographs,
videos or other images containing
confidential information;
(iii) display any audio
files, text, photographs,
videos or other images that
may be deemed indecent or
obscene in your community,
as defined under applicable
law; (iv) impersonate any
person or entity; (v) “stalk”
or otherwise harass any
person; (vi) engage in unauthorized
advertising to, or commercial
solicitation of other Members;
(vii) transmit any chain
letters, spam or junk email
to other Members; (viii)
express or imply that any
statements that you make
are endorsed by FantasyStreak.com,
without our specific prior
written consent; (ix) harvest
or collect personal information
of other Members whether
or not for commercial purposes,
without their express consent;
(x) use any robot, spider,
site search/retrieval application,
or other manual or automatic
device or process to retrieve,
index, “data mine,” or in
any way reproduce or circumvent
the navigational structure
or presentation of the Site
or its contents; (xi) post,
distribute or reproduce
in any way any copyrighted
material, trademarks or
other proprietary information
without obtaining the prior
consent of the owner of
such proprietary rights;
(xii) remove any copyright,
trademark or other proprietary
rights notices contained
on the Site; (xiii) interfere
with or disrupt any of the
FantasyStreak.com Services,
FantasyStreak.com Streaks,
Site and/or the servers
or networks connected to
same; (xiv) post, offer
for download, email or otherwise
transmit 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; (xv) post, offer
for download, transmit,
promote or otherwise make
available any software,
product or service that
is illegal or that violates
the rights of a third party
including, but not limited
to, spyware, adware, programs
designed to send unsolicited
advertisements (i.e. “spamware”),
services that send unsolicited
advertisements, programs
designed to initiate “denial
of service” attacks, mail
bomb programs and programs
designed to gain unauthorized
access to networks on the
Internet; (xvi) “frame”
or “mirror” any part of
the Site, without our prior
written authorization; (xvii)
use metatags or code or
other devices containing
any reference to FantasyStreak.com,
FantasyStreak.com Services
and/or the Site in order
to direct any person to
any other website for any
purpose; and/or (xviii)
modify, adapt, sublicense,
translate, sell, reverse
engineer, decipher, decompile
or otherwise disassemble
any portion of the FantasyStreak.com
Services and/or Site or
any software used on or
for the FantasyStreak.com
Services and/or Site. Engaging
in any of the aforementioned
prohibited practices shall
be deemed a breach of the
Agreement and may result
in the immediate termination
of your FantasyStreak.com
Services Account without
notice, in the sole discretion
of FantasyStreak.com. FantasyStreak.com
reserves the right to pursue
any and all legal remedies
against Members that engage
in the aforementioned prohibited
conduct.
7. Site Disclaimers.
The FantasyStreak.com Services
and/or the Site contain
Content, Feedback, News
Feeds, comments, opinions,
advice, statements, offers,
products, services, requests,
solicitations and other
information that is provided
directly by Members, Third
Party Providers, Sources
and/or other third parties,
as applicable. Such Content,
Feedback, News Feeds, comments,
opinions, advice, statements,
offers, products, services,
requests, solicitations
and/or other information
is provided by applicable
Members, Third Party Providers,
Sources and/or other third
parties and not FantasyStreak.com,
and should not necessarily
be relied upon. Those Members,
Third Party Providers, Sources
and/or other third parties
are solely responsible for
the accuracy, completeness,
appropriateness or usefulness
of such materials. FantasyStreak.com
does not represent or warrant
that the Content, Feedback,
News Feeds, comments, opinions,
advice, statements, offers,
products, services, requests,
solicitations and/or other
information made available
by and through the FantasyStreak.com
Services and/or the Site
is accurate, complete or
appropriate. You understand
and agree that FantasyStreak.com
will not be responsible
for, and FantasyStreak.com
undertakes no responsibility
to monitor, or otherwise
police, such Content, Feedback,
News Feeds, comments, opinions,
advice, statements, offers,
products, services, requests,
solicitations and/or other
information. You agree that
FantasyStreak.com shall
have no obligation and incur
no liability to you in connection
with any such Content, Feedback,
News Feeds, comments, opinions,
products, services, requests,
solicitations and/or other
information made available
by and through the FantasyStreak.com
Services and/or the Site
by third parties.
FantasyStreak.com does not
control the information
provided by Members, Third
Party Providers, Sources
and/or other third parties
that is made available within
the FantasyStreak.com Services
and/or the Site. You may
find certain information,
products and/or services
as posted by Members, Third
Party Providers, Sources
and/or other third parties
to be offensive, harmful,
inaccurate and/or deceptive.
Please use caution, common
sense and safety when using
the FantasyStreak.com Services
and/or the Site.
You are solely responsible
for your interactions with
other Site-users including,
but not limited to, Members,
Third Party Providers, Sources
and/or other third parties.
Because we are not involved
in Site-user interactions,
in the event that you have
a dispute with one or more
Site-users, Members, Third
Party Providers, Sources
and/or other third parties,
you hereby release FantasyStreak.com
including, but not limited
to, its officers, directors,
members, shareholders, agents,
subsidiaries and employees,
from any and all claims,
demands and damages (actual
and consequential) of every
kind and nature, known and
unknown, suspected and unsuspected,
disclosed and undisclosed,
arising out of, or in any
way connected with, such
disputes. FantasyStreak.com
reserves the right, but
has no obligation, to monitor
disputes between you and
other Site-users, Members,
Third Party Providers, Sources
and/or other third parties.
You further waive any and
all rights and benefits
otherwise conferred by any
statutory or non-statutory
law of any jurisdiction
that would purport to limit
the scope of a release or
waiver. You waive and relinquish
all rights and benefits
which you have or may have
under Section 1542 of the
Civil Code of the State
of California or any similar
provision of the statutory
or non-statutory law of
any other jurisdiction (including
without limitation the states
of Missouri, Delaware and
Pennsylvania) to the full
extent that you may lawfully
waive all such rights and
benefits.
8. Sweepstakes. From
time-to-time, our Site offers
promotional prizes and other
awards. By providing true
and accurate information
in connection with the applicable
Sweepstakes registration
form and agreeing to the
rules applicable to each
Sweepstakes, you can obtain,
or attempt to obtain, the
promotional prizes and other
awards offered through each
Sweepstakes. You understand
and agree that FantasyStreak.com
shall not be liable to you
or any third party for any
claim in connection with
your participation in any
of the Sweepstakes.
9. Fees. Upon registering
for a Pay Streak, the credit
or debit card that you provided
during registration or updated
at a later date (“Active
Credit Card”) will be charged
the applicable amount depending
on the FantasyStreak.com
Streak as applicable. All
Fees are payable in United
States currency. Failure
to complete entry in the
applicable FantasyStreak.com
Streak does not constitute
a basis for refusing to
pay any of the associated
Starting Amounts. Subject
to the conditions set forth
herein, you agree to be
bound by the Billing Provisions
of FantasyStreak.com in
effect at any given time.
Upon reasonable prior written
notice to you (with email
sufficing), FantasyStreak.com
reserves the right to change
its Billing Provisions whenever
necessary, in its sole discretion.
Continued use of the FantasyStreak.com
Services after receipt of
such notice shall constitute
consent to any and all such
changes; provided, however,
that any amendment or modification
to the Billing Provisions
shall not apply to any charges
incurred prior to the applicable
amendment or modification.
FantasyStreak.com's authorization
to provide and bill for
the FantasyStreak.com Services
is obtained by way of your
electronic signature or,
where applicable, via physical
signature and/or voice affirmation.
Once an electronic signature
is submitted, this electronic
order constitutes an electronic
letter of agency. FantasyStreak.com's
reliance upon your electronic
signature was specifically
sanctioned and written into
law when the Uniform Electronic
Transactions Act and the
Electronic Signatures in
Global and National Transactions
Act were enacted in 1999
and 2000, respectively.
Both laws specifically preempt
all state laws that recognize
only paper and handwritten
signatures.
10. Cancellation of Membership.
You may cancel your Membership
at any time if you are not
completely satisfied. To
cancel your Membership,
simply cease using the Site
and applicable FantasyStreak.com
Services. You understand
and agree that cancellation
of your Membership is your
sole right and remedy with
respect to any dispute with
FantasyStreak.com. Upon
any termination and/or cancellation
of your Membership, your
license grant, as set forth
in Section 12 hereinbelow
shall immediately terminate.
You shall not receive any
refund for Fees previously
paid up to the date of cancellation
or termination.
11. License Grant.
As a Member of the Site,
you are granted a non-exclusive,
non-transferable, revocable
and limited license to access
and use the Content, News
Feeds, Site, Feedback, FantasyStreak.com
Services and all other material,
products and/or services
posted or made available
by and through same and/or
the Site (collectively,
“Site Material”) in accordance
with the Agreement. FantasyStreak.com
may terminate this license
at any time for any reason.
Unless otherwise expressly
authorized by FantasyStreak.com,
you may only use the Site
Material for your own personal,
non-commercial use. No part
of the Site Material may
be reproduced in any form
or incorporated into any
information retrieval system,
electronic or mechanical.
You may not use, copy, emulate,
clone, rent, lease, sell,
modify, decompile, disassemble,
reverse engineer or transfer
the Site Material and/or
any portion thereof. You
may not create any “derivative
works” by altering any aspect
of the Site Material. You
may not use the Site Material
in conjunction with any
other third-party content
(e.g., to provide sound
for a film). You may not
exploit any aspect of the
Site Material for any commercial
purposes not expressly permitted
by FantasyStreak.com (including
the bundled sale of such
Site Material). Systematic
retrieval of Site Material
by automated means or any
other form of scraping or
data extraction in order
to create or compile, directly
or indirectly, a collection,
compilation, database or
directory without written
permission from FantasyStreak.com
is strictly prohibited.
You further agree to indemnify
and hold harmless FantasyStreak.com
for your failure to comply
with this Section 12. FantasyStreak.com
reserves any rights not
explicitly granted in the
Agreement.
12. Proprietary Rights.
All Site Material is owned
or licensed by or to FantasyStreak.com,
and is protected under applicable
copyrights, trademarks and
other proprietary (including,
but not limited to, intellectual
property) rights. Except
as expressly provided in
the Agreement, no part of
the Site Material may be
reproduced, recorded, retransmitted,
sold, rented, broadcast,
distributed, published,
uploaded, posted, publicly
displayed, altered to make
new works, performed, digitized,
compiled, translated or
transmitted in any way to
any other computer, website
or other medium or for any
commercial purpose, without
FantasyStreak.com's prior
express written consent.
Except as expressly provided
herein, you are not granted
any rights or license to
patents, copyrights, trade
secrets, rights of publicity
or trademarks with respect
to any of the Site Material.
The posting of information
or material at the Site
by FantasyStreak.com does
not constitute a waiver
of any right in such information
and materials. FantasyStreak.com
reserves all rights not
expressly granted hereunder.
The “FantasyStreak.com”
name and logo are trademarks
of Left Tackle LLC. All
custom graphics, icons and
service names are trademarks
of their rightful owners.
All other trademarks are
the property of their respective
owners. The use of any FantasyStreak.com
trademark without FantasyStreak.com's
express written consent
is strictly prohibited.
13. Bypassing or Disabling
any Portion of the FantasyStreak.com
Services or Site. If
you bypass or disable any
portion of the FantasyStreak.com
Services, Site or associated
software including, without
limitation, the blocking
of cookies or the operation
of any other FantasyStreak.com
systems, or you attempt
to circumvent or tamper
with FantasyStreak.com's
Streaks or billing methods
in any way, you are in violation
of the Agreement and FantasyStreak.com
may suspend or terminate
your FantasyStreak.com Services
Account without notice.
Termination of your FantasyStreak.com
Services Account will not
excuse you from any criminal
or other civil liabilities
that may result from your
actions. If your FantasyStreak.com
Services Account is terminated
for any reason you will,
thereafter, be unable to
access the FantasyStreak.com
Services.
14. Accessing the Site.
You are responsible for
obtaining and maintaining,
at your own cost and expense,
all input/output devices
or equipment (such as modems,
terminal equipment, computer
equipment and software)
and communications services
(including, without limitation,
long distance or local telephone
services) necessary to access
the Site and for ensuring
that such equipment and
services are compatible
with FantasyStreak.com's
requirements.
15. Indemnification.
You agree to indemnify and
hold FantasyStreak.com,
its parents and subsidiaries,
and each of their respective
members, officers, directors,
employees, agents, co-branders,
content licensors and/or
other partners, harmless
from and against any and
all claims, expenses (including
reasonable attorneys’ fees),
damages, suits, costs, demands
and/or judgments whatsoever,
made by any third party
due to or arising out of:
(a) your use of the Site,
FantasyStreak.com Services
in any way, whatsoever;
(b) your breach of the Agreement;
(c) any disputed between
you and any Members, Third
Party Providers, Sources
and/or other third parties;
(d) any claim that FantasyStreak.com
owes any taxes in connection
with your use of the Site,
FantasyStreak.com Services;
and/or (e) your violation
of any rights of another
individual and/or entity.
The provisions of this Section
16 are for the benefit of
FantasyStreak.com, its parents,
subsidiaries and/or affiliates,
and each of their respective
officers, directors, members,
employees, agents, shareholders,
licensors, suppliers and/or
attorneys. Each of these
individuals and entities
shall have the right to
assert and enforce these
provisions directly against
you on its own behalf.
16. Disclaimer of Warranties.
THE SITE, FANTASYSTREAK.COM
SERVICES, FANTASYSTREAK.COM
STREAKS, ANY CONTENT, FEEDBACK,
NEWS FEEDS, OR ANY OTHER
PRODUCTS AND/OR SERVICES
OFFERED THEREIN, ARE PROVIDED
TO YOU ON AN “AS IS” AND
“AS AVAILABLE” BASIS AND
ALL WARRANTIES, EXPRESS
AND IMPLIED, ARE DISCLAIMED
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW
(INCLUDING, BUT NOT LIMITED
TO, THE DISCLAIMER OF ANY
WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY AND/OR FITNESS
FOR A PARTICULAR PURPOSE).
IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, FANTASYSTREAK.COM
MAKES NO WARRANTY THAT THE
SITE, FANTASYSTREAK.COM
SERVICES, FANTASYSTREAK.COM
STREAKS, ANY CONTENT, FEEDBACK,
NEWS FEEDS, OR ANY OTHER
PRODUCTS AND/OR SERVICES
OFFERED THEREIN: (A) WILL
MEET YOUR REQUIREMENTS;
(B) WILL BE UNINTERRUPTED,
TIMELY, SECURE, ERROR-FREE
OR THAT DEFECTS WILL BE
CORRECTED; (C) WILL BE FREE
OF VIRUSES OR OTHER HARMFUL
COMPONENTS; (D) WILL HAVE
SECURITY METHODS EMPLOYED
THAT WILL BE SUFFICIENT
AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF THE SITE,
OR AGAINST INFRINGEMENT;
AND/OR (E) WILL BE ACCURATE
OR RELIABLE. THE SITE, FANTASYSTREAK.COM
SERVICES, FANTASYSTREAK.COM
STREAKS, ANY CONTENT, FEEDBACK,
NEWS FEEDS, OR ANY OTHER
PRODUCTS AND/OR SERVICES
OFFERED THEREIN MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. FANTASYSTREAK.COM
WILL NOT BE LIABLE FOR THE
AVAILABILITY OF THE UNDERLYING
INTERNET CONNECTION ASSOCIATED
WITH THE SITE. NO ADVICE
OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED
BY YOU FROM FANTASYSTREAK.COM,
ANY MEMBERS, THIRD PARTY
PROVIDERS, SOURCES OR OTHERWISE
SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN
THE AGREEMENT.
17. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT FANTASYSTREAK.COM
SHALL NOT BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL AND/OR
EXEMPLARY DAMAGES INCLUDING,
BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF FANTASYSTREAK.COM
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES),
TO THE FULLEST EXTENT PERMISSIBLE
BY LAW FOR: (A) THE USE
OR THE INABILITY TO USE
THE SITE, FANTASYSTREAK.COM
SERVICES, FANTASYSTREAK.COM
STREAKS, ANY CONTENT, FEEDBACK,
NEWS FEEDS, OR ANY OTHER
PRODUCTS AND/OR SERVICES
OFFERED THEREIN; (B) THE
COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION,
CONTENT AND/OR ANY OTHER
PRODUCTS PURCHASED OR OBTAINED
FROM OR THROUGH THE SITE;
(C) THE UNAUTHORIZED ACCESS
TO, OR ALTERATION OF, YOUR
REGISTRATION DATA; AND (D)
ANY OTHER MATTER RELATING
TO THE SITE, FANTASYSTREAK.COM
SERVICES, FANTASYSTREAK.COM
STREAKS, ANY CONTENT, FEEDBACK,
NEWS FEEDS, OR ANY OTHER
PRODUCTS AND/OR SERVICES
OFFERED THEREIN. THIS LIMITATION
APPLIES TO ALL CAUSES OF
ACTION, IN THE AGGREGATE
INCLUDING, BUT NOT LIMITED
TO, BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS
AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE FANTASYSTREAK.COM
FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN
EXCESS OF THE LIMITATIONS
STATED HEREIN. IF APPLICABLE
LAW DOES NOT PERMIT SUCH
LIMITATION, THE MAXIMUM
LIABILITY OF FANTASYSTREAK.COM
TO YOU UNDER ANY AND ALL
CIRCUMSTANCES WILL BE FIVE
HUNDRED DOLLARS ($500.00).
YOU HEREBY RELEASE FANTASYSTREAK.COM
FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN
EXCESS OF THE LIMITATIONS
SET FORTH IN THIS SECTION
18. NO ACTION, REGARDLESS
OF FORM, ARISING OUT OF
YOUR USE OF THE SITE, FANTASYSTREAK.COM
SERVICES, FANTASYSTREAK.COM
STREAKS, ANY CONTENT, FEEDBACK,
NEWS FEEDS, OR ANY OTHER
PRODUCTS AND/OR SERVICES
OFFERED THEREIN MAY BE BROUGHT
BY YOU OR FANTASYSTREAK.COM
MORE THAN ONE (1) YEAR FOLLOWING
THE EVENT WHICH GAVE RISE
TO THE CAUSE OF ACTION.
THE NEGATION OF DAMAGES
SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF
THE BARGAIN BETWEEN YOU
AND FANTASYSTREAK.COM. ACCESS
TO THE SITE, FANTASYSTREAK.COM
SERVICES, FANTASYSTREAK.COM
STREAKS, ANY CONTENT, FEEDBACK,
NEWS FEEDS, OR ANY OTHER
PRODUCTS AND/OR SERVICES
OFFERED THEREIN WOULD NOT
BE PROVIDED TO YOU WITHOUT
SUCH LIMITATIONS. Some jurisdictions
do not allow certain limitations
on liability and, in such
jurisdictions, FantasyStreak.com's
liability shall be limited
to the maximum extent permitted
by law.
18. Third-Party Websites.
The FantasyStreak.com Services
and Site contain links to
other websites on the Internet
that are owned and operated
by third parties. In some
instances these websites
are co-branded and the third
parties are entitled to
use FantasyStreak.com's
name and logo on their third
party websites. FantasyStreak.com
does not control the information,
products or services available
on these third party websites.
The inclusion of any link
does not imply endorsement
by FantasyStreak.com of
the applicable website or
any association with the
website’s operators. Because
FantasyStreak.com has no
control over such websites
and resources, you agree
that FantasyStreak.com is
not responsible or liable
for the availability or
the operation of such external
websites, for any material
located on or available
from any such websites or
for the protection of your
data privacy by third parties.
Any dealings with, or participation
in promotions offered by,
advertisers on the Site,
including the payment and
delivery of related goods
or services, and any other
terms, conditions, warranties
or representations associated
with such dealings or promotions,
are solely between you and
the applicable advertiser
or other third party. You
further agree that FantasyStreak.com
shall not be responsible
or liable, directly or indirectly,
for any loss or damage caused
by the use of or reliance
on any such material available
on or through any such site
or any such dealings or
promotions.
19. User Information.
Except where expressly provided
otherwise by us in the Agreement,
and subject to the FantasyStreak.com
Privacy Policy, all
comments, Feedback, Content,
information, Registration
Data and/or materials that
you submit through or in
association with this Site
shall be considered non-confidential.
For a copy of the FantasyStreak.com
Privacy Policy, please
Click Here. By submitting
such comments, Feedback,
Content, information, Registration
Data or materials to us,
you: (a) represent and warrant
that FantasyStreak.com's
use of your submission does
not and will not breach
any agreement, violate any
law or infringe any third
party’s rights; (b) agree
that FantasyStreak.com is
free to use in any manner
all or part of the content
of any such communications
on an unrestricted basis
without the obligation to
notify, identify or compensate
you or anyone else; and
(c) grant FantasyStreak.com
all necessary rights, including
a waiver of all copyright,
trademark, privacy and moral
rights, to use all comments,
Feedback, Content, information,
Registration Data and/or
materials, in whole or in
part, or as a derivative
work, without any duty by
FantasyStreak.com to anyone
whatsoever. FantasyStreak.com
does not accept unsolicited
ideas, works or other materials
and you acknowledge that
you are responsible for,
and bear all risk as to
the use or distribution
of, any such ideas, works
and/or materials.
20. Dispute Resolution
Provisions. The Agreement
shall be treated as though
it were executed and performed
in Philadelphia, PA and
shall be governed by and
construed in accordance
with the laws of the State
of Pennsylvania (without
regard to conflict of law
principles). Should a dispute
arise concerning the Agreement,
FantasyStreak.com Services
and/or Site, the parties
agree to submit their dispute
for resolution by arbitration
before the American Arbitration
Association in Philadelphia,
in accordance with the then
current Commercial Arbitration
Rules of the American Arbitration
Association. Any award rendered
shall be final and conclusive
to the parties and a judgment
thereon may be entered in
any court of competent jurisdiction.
Nothing herein shall be
construed to preclude any
party from seeking injunctive
relief in order to protect
its rights pending an outcome
in arbitration. To the extent
permitted by law, you agree
that you will not bring,
join or participate in any
class action lawsuit as
to any claim, dispute or
controversy that you may
have against FantasyStreak.com
and its employees, officers,
directors, shareholders,
members, representatives
and assigns. You agree to
the entry of injunctive
relief to stop such a lawsuit
or to remove you as a participant
in the suit. You agree to
pay the attorney's fees
and court costs that FantasyStreak.com
incurs in seeking such relief.
This provision preventing
you from bringing, joining
or participating in class
action lawsuits: (a) does
not constitute a waiver
of any of your rights and
remedies to pursue a claim
individually and not as
a class action in binding
arbitration as provided
above; and (b) is an independent
agreement.
21. Miscellaneous.
Should any part of the Agreement
be held invalid or unenforceable,
that portion shall be construed
consistent with applicable
law and the remaining portions
shall remain in full force
and effect. The Agreement
is personal between you
and FantasyStreak.com and
it governs your use of the
FantasyStreak.com Services
and Site. FantasyStreak.com's
failure to enforce any provision
of the Agreement shall not
be deemed a waiver of such
provision nor of the right
to enforce such provision.
The parties do not intend
that any agency or partnership
relationship be created
through operation of the
Agreement. FantasyStreak.com
reserves the right to cancel
an account at anytime for
anything it deems to be
"Suspicious Activity." Any
remaining funds in a canceled
account will be refunded
to the user by check to
the mailing address on file.
22. Referrals. If
FantasyStreak.com suspects
that a user has referred
themselves, they reserve
the right to remove that
account without notification.
23. How to Contact Us.
We read, as applicable,
every message sent to us
and endeavor to reply promptly
to each one. This information
is used to respond directly
to your questions or comments.
If you have any questions
about the Agreement or the
practices of FantasyStreak.com,
please feel free to email
us at
info@fantasystreak.com. |
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