Welcome to Fireleague’s fantasy web site located at www.Fireleague.com (”Site”) that allows you to play fantasy football against others with the chance to win prizes (”Contest”) and to access professional sports-related news and information. The Site is hosted and managed by FMF, LLC (”Fireleague”).
The following Rules and General Terms of Service for the Site is a legal contract between you, an individual customer, member, or user (”You” or, collectively, “Users”), and Fireleague regarding your use of the Site.
PLEASE READ CAREFULLY THE FOLLOWING RULES AND 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 RULES, TERMS OF SERVICE 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.
THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY FIRELEAGUE. By clicking the “I Agree” button or by otherwise downloading, installing, or using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site.
Entrants who do not comply with any of the requirements of these Rules or any other applicable Terms are not eligible to participate or win a prize. Certain prizes may require the participant to be at least 21 years of age.
Fireleague Fantasy Account. When you use certain Site features, you will be asked to log-in to a Fireleague fantasy 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 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 Customer Service. You shall be liable for the losses incurred by Fireleague or others due to any unauthorized use of your Site account.
Disclaimer and Limit of Liability
FIRELEAGUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PRIZE OR AN ENTRANT’S PARTICIPATION IN ANY CONTEST. FIRELEAGUE 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. FIRELEAGUE 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.
BY ENTERING INTO ANY CONTEST(S), EACH ENTRANT AND EACH OF ITS HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS AND AGENTS RELEASES AND AGREES TO HOLD HARMLESS FIRELEAGUE, 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) THE CONTEST(S).
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”). Fireleague 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 AND FIRELEAGUE SHALL NOT HAVE ANY LIABILITY IN CONNECTION THEREWITH.
User Posted Content
License Grant to Fireleague for Content. By posting content on any portion of the Site, you hereby grant to Fireleague 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 Fireleague to use and distribute your content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Fireleague 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. VIOLATIONS BY YOU OF ANY THIRD-PARTY RIGHTS MAY SUBJECT YOU TO CRIMINAL AND CIVIL LIABILITY. FIRELEAGUE RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USERS WHO VIOLATE THE TERMS.
Content Disclaimer. You understand that when using the Site you may be exposed to content posted by other Users, and that Fireleague 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 Fireleague with respect thereto. Fireleague does not endorse any User-posted content or any opinion, recommendation or advice expressed therein, and Fireleague 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, Fireleague 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.
Digital Millennium Copyright Act. It is Fireleague’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Fireleague will promptly terminate without notice any User’s access to the Site if that User is determined by Fireleague to be a “repeat infringer.” A repeat infringer is a User who has been notified by Fireleague of infringing activity violations more than twice and/or who has had any content removed from the Site more than twice.
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.
Termination; Violation of These Terms
Fireleague. You agree that Fireleague, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) 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. Fireleague 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 Fireleague 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 Fireleague may have at law or in equity.
Remedy. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any Term, (iii) any policy or practice of Fireleague 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 Fireleague. 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 Fireleague (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 Fireleague or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Fireleague or its affiliates and/or third-party licensors. Except as expressly authorized by Fireleague, 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. Fireleague reserves all rights not expressly granted in these Terms.
Indemnification. You agree to indemnify, save, and hold Fireleague, 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. Fireleague reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Fireleague, and you agree to cooperate with Fireleague’s defense of these claims. Fireleague 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, FIRELEAGUE, 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 FIRELEAGUE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS PARAGRAPH, THE TERM “FIRELEAGUE” INCLUDES ITS 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. FIRELEAGUE 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. FIRELEAGUE 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 FIRELEAGUE OR ANY OF 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 FIRELEAGUE, EVEN IF FIRELEAGUE OR AN 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, FIRELEAGUE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages. IN NO EVENT WILL FIRELEAGUE OR ANY OF 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 FIRELEAGUE 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.
Your Privacy. Your privacy is important to Fireleague. Fireleague’s Privacy Policies are hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to the collection, use, and disclosure of your personal information.
No Affiliation. You acknowledge that Fireleague is not in any way affiliated with or endorsed by the National Football 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. Fireleague reserves the right, at its 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.
Currency. All dollar amounts specified herein are United States Dollars.
Notice. Fireleague may provide you with notices, including those regarding changes to Fireleague’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 Fireleague 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 Fireleague 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 Fireleague.
Governing Law. These Terms, along with any Contest and the rights and obligations of Fireleague 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 any Contest.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms, the Site, or any contest against Fireleague 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 Fireleague 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.
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 Fireleague relating to the subject matter herein and will not be modified except in writing, signed by all affected parties, or by a change to these Terms or Guidelines made as set forth herein.
Claims. YOU AND FIRELEAGUE 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.