Revised Date: March 11, 2012
Welcome to Fantasy Postseason, LLC's fantasy sports web site located at www.fantasypostseason.com
The following Terms
of Service is a legal contract between you and Fantasy Postseason, LLC regarding
your use of our web site. Use and
participation of our web site is contingent upon your acceptance of the
following terms and rules; by using the FantasyPostseason.com
web site, you accept these terms. If at any period you do not agree to these terms, please
immediately terminate your use of this site.
Fantasy Postseason, LLC reserves the right, at our discretion, to change, modify, add, or remove portions
of these Terms at any time. Please
check these Terms periodically for changes; your continued use of the site
after the posting of changes constitutes your binding acceptance of such
3) LICENSES AND REPRESENTATIONS
The site is owned and operated by Fantasy Postseason, LLC. The visual interfaces, graphics,
design, compilation, information, computer code (source or object), are the
property of Fantasy Postseason, LLC.
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.
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 you are the
creator/owner of or have the necessary licenses, rights, consents, and
permissions to use it. By
posting messages, uploading files, inputting data, or engaging in any other
form of communication through the FantasyPostseason.com web site, you hereby
waive any and all rights to any concepts, ideas, opinions, and any other
creative materials posted on our web site. You authorize Fantasy Postseason, LLC
to utilize, royalty-free, in any manner it sees fit and for eternity, the
materials posted on the site, which shall become our property and shall include
the right to exploit any proprietary rights in such communication, including,
but not limited to, rights under copyright, trademark, service mark, or patent
laws under any relevant jurisdiction.
4) STATISTICAL DATA
Certain sports content herein has been supplied by SPORTSDATA LLC.
Any commercial use or distribution without the express written consent of
SPORTSDATA LLC is strictly prohibited.
Certain sports content herein has been supplied by XML Team Solutions, Inc.
(XML Team). All right, title, and interest in all XML Team-supplied
materials and data distributed by and displayed herein (the "XML
Team Materials") are either owned by or licensed to XML Team. XML Team
and its licensors retain all proprietary rights to the XML Team Materials.
Except for downloading one copy of the XML Team Materials on any single
computer for your personal, non-commercial home use, you are not authorized
to and may not reproduce, copy, transmit, alter, frame, distribute, perform,
prepare derivative works based upon, or display the XML Team Materials in
whole or in part without first obtaining the prior written permission of
FANTASY POSTSEASON, LLC DISCLAIMS ALL WARRANTIES. THE CONTENT OF OUR SITE IS INTENDED
FOR ENTERTAINMENT PURPOSES ONLY. NO ADVICE OR INFORMATION OBTAINED BY YOU
FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED WITHIN. THE
SITE MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS.
GIVEN THE INTERACTIVE NATURE
OF OUR SITE, WE CANNOT ENDORSE, GUARANTEE, OR BE RESPONSIBLE FOR THE
ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT GENERATED BY OUR USERS.
AND "AS AVAILABLE" AND "WITH ALL FAULTS". YOU EXPRESSLY
AGREE THAT USE OF THE FANTASYPOSTSEASON.COM SITE IS AT YOUR SOLE RISK. THE SITE AND ANY DATA ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES
OR REPRESENTATIONS OF ANY KIND. FANTASY POSTSEASON, LLC
DOES NOT WARRANT OR MAKE REPRESENTATIONS OF ANY KIND REGARDING THE USE OR
RESULTS OF THE SITE, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR
Site Operation and
Content. Fantasy Postseason, LLC does not
warrant that the data, content, functions, or any other information on the site
or reference sites will be uninterrupted, or free of errors, viruses, or other
harmful components, and do not warrant that any will be corrected. You agree that any use of the site will
be 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 of such material.
Products and Services. The FantasyPostseason.com
web site may include links or references to other web sites or services solely
as a convenience to users. Fantasy Postseason, LLC
does not endorse any such Third-Party Sites or the information, materials,
products, or services contained therein. 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 is solely at your own risk. You hereby irrevocably waive any claim against us with
respect to content and any content you provide to third party sites.
No Affiliation. You
acknowledge that Fantasy Postseason, LLC is not in any way affiliated with or
endorsed by Major League Baseball, the National Basketball Association, the
National Football League, the National Hockey League, the National Collegiate
Athletic Association, or any other professional sports or collegiate
Gambling/Wagering. FANTASYPOSTSEASON.COM IS NOT A GAMBLING WEBSITE. Fantasy Postseason, LLC
does not participate in any gambling activities whatsoever. All material and information provided on our website is
for entertainment and informational purposes only, and shall not be construed as a placement, acceptance, or
recommendation to place or accept any wagers or bets. Further, the use of FantasyPostseason.com for any form of
illegal gambling will result in the termination of user access, and could possibly result in the referral to the
Privacy. Although your privacy is of extreme
importance to us, Fantasy Postseason, LLC will fully cooperate with any law
enforcement authorities or court order requesting us to disclose any information including, without limitations, the identity
of anyone engaging in any suspected fraudulent,
abusive, illegal activity or otherwise.
Some services on the FantasyPostseason.com
web site permit or require you to create an account to participate or to secure
additional benefits. You agree to provide, maintain and update true, accurate,
current and complete information about yourself as prompted by our registration
processes, and acknowledge that you are 13 years of age or older. You shall not impersonate any person or entity or misrepresent your
identity or affiliation with any person or entity, including using another
person's username, password, name, likeness, voice, image or photograph.
You also agree to promptly notify us at
firstname.lastname@example.org of any unauthorized use of your username, password, other account
information, or any other breach of security that you become aware of involving
or relating to the FantasyPostseason.com web site. You shall be liable for the losses
incurred by Fantasy Postseason, LLC or others due to any unauthorized use of your
7) RULES OF CONDUCT
The following Rules of Conduct apply to the FantasyPostseason.com
web site. By using our site, you
agree that you will not distribute any of the following:
Submission that is abusive, bigoted, defamatory, harmful, profane,
racial, sexual, threatening, or vulgar. This includes attempts to circumvent our
profanity filters in any way.
Submission that is fraudelent, libelous, or slanderous.
Submission that is pornographic or obscene.
Submission that is illegal or one that encourages/advocates illegal activity.
Submission that contains any material protected by copyright, trademark or
other proprietary right (without the express permission of the owner of such
copyright, trademark or other proprietary interest). This includes copies of articles in their entirety
from other sources.
A Submission that invades another person's right to privacy (without their
express permission to infringe on those rights).
A Submission that contains your personal information (addresses, phone numbers, passwords or any other private
information). Any information you provide is at your own risk.
Submission that is commercial or business-related, that advertises or attempts
to sell any products/services, or solicits others for contributions or
A Submission that contains
a virus or other harmful component, or otherwise tampers with, impairs or
damages the FantasyPostseason.com web site or any connected network.
Fantasy Postseason, LLC cannot and does not assure
that other users are or will be complying with the foregoing Rules of Conduct
of harm or injury resulting from any such lack of compliance.
Fantasy Postseason, LLC is under no obligation to moderate or police
any of the content on its site (forums, message boards, or any other forms of communication).
Non-enforcement or failure of strict enforcement outlined in these Terms should not be construed as a waiver of our rights; we will
moderate only when deemed necessary and at our sole discretion.
Violators of these Rules of Conduct may
be subject to criminal and civil liability; we reserve all rights and remedies
against any users who violate these terms.
You agree that Fantasy Postseason, LLC,
in its sole discretion, for any or no reason and without penalty, may terminate
any account you may have with us, and remove and discard all or any part of
your account, user profile, and content, at any time.
Fantasy Postseason, LLC
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), may be effected
without prior notice, and you agree that Fantasy Postseason, LLC will not be
liable to you or any third party for any such termination.
You agree to
indemnify, save, and hold Fantasy Postseason, LLC, 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/misuse of our web site, any
violation by you of these Terms, or any breach of the representations,
warranties, and covenants made by you herein.
10) LIMITATION OF LIABILITY / DAMAGES
Under no circumstances, including
negligence, shall Fantasy Postseason, LLC, its affiliated
companies, contractors, employees, agents and its third-party suppliers,
licensors, and partners, be liable
to you or any other person or entity for any direct, indirect, incidental,
special, or consequential damages including lost profits, personal injury, and
property damage of any nature whatsoever that result from the use of, or the
inability to use, the FantasyPostseason.com web site or content.
In no event shall our total
liability to you for all damages, losses, and causes of action whether in
contract, tort, or otherwise exceed the amount paid by you, if any, or $100
(whichever is less) for accessing or participating in any activity related to
the FantasyPostseason.com web site.
The limitations, exclusions, and
disclaimers in this section and elsewhere in these Terms of Service apply to
the maximum extent permitted by law.
Your only remedy with respect to any
dissatisfaction with the FantasyPostseason.com web site, any aspect of this
Terms of Service, any policy or practice of the operation of this site, or 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.
12) GENERAL PROVISIONS
You agree that any cause of action you
may have arising out of or related to these Terms of Service or the FantasyPostseason.com
web site must commence within one year after the cause of action accrues;
otherwise such cause of action shall be permanently barred.
These Terms will be governed by and construed in
accordance with the laws of the State of North Carolina, without
giving effect to any principles of conflicts of law.
YOU AGREE THAT ANY ACTION
AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR FANTASY POSTSEASON, LLC
WILL BE FILED ONLY IN THE STATE OR FEDERAL COURTS IN AND FOR NORTH CAROLINA,
AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF
SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION.