FANTASY BASEBALL 101
TERMS OF SERVICE
1. Acceptance of Terms
Welcome to the Web sites of fantasybaseball101.com (“FB101”). FB101 provides information, analysis, and advice
regarding fantasy baseball and baseball in general. FB101 is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of FB101 constitutes your agreement to all
such terms, conditions, and notices. These Terms of Service are hereinafter referred to the “Agreement” or “Terms of
Service”.
2. Description of Services
FB101 provides its users with a wide array of online resources related to fantasy baseball and sports related news. FB101’
s services include, but may not be limited to: news, online forums, personalized content, blogs, articles, advice, text,
materials, analysis, and goods and services (collectively, the “Services”). Third parties may provide some of the Services.
FB101 may change, suspend or discontinue any aspect of its Services at any time without notice or liability. You should be
aware that the Services might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the
Services may be subject to terms and conditions which may be found on the Service or in the documents and policies of
third parties
FB101 makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any
Services and will not be liable for any lack of the foregoing. In addition, your correspondence and business dealings with
advertisers found on or through FB101 including, but not limited to, the payment and delivery of goods and services, and
any terms, conditions, warranties and representations associated with such dealings are solely between you and the
advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of
any such dealings or the offering of such goods, services, and other Services by third parties. Descriptions of, or
references to, products or publications with the Services of on the FB101 Web site do not imply endorsement of that
product or publication. We do not represent or warrant that every action you take on FB101 and on third parties accessed
through FB101 will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in
your jurisdiction and act lawfully at all times when using the Services.
3. No Unlawful or Prohibited Use
As a condition of your use of FB101, you warrant to FB101 that you will not use the FB101 Web site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use the FB101 Web site in any manner which
could damage, disable, overburden, or impair the FB101 Web site or interfere with any other party’s use and enjoyment of
the FB101 Web site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the FB101 Web sites.
You acknowledge that FB101 creates the content of the Services and you may not use, reproduce, resell or distribute,
transmit, or display the Services (or any part of it) for any commercial or non –commercial purpose, such as selling any part
of the materials available through the Services or incorporating them into a similar service, without the written consent of
FB101. You may not create derivative works from, distort, or otherwise modify the content on the Service. The limitations in
this paragraph apply not only to FB101’s Intellectual Property, but also to any non-copyrightable information provided by
FB101.
You agree not to use any obscene, indecent or offensive language or to place on FB101 and its Web sites any material
that is defamatory, abusive, threatening, obscene, harassing or hateful. Further, you may not place on any FB101 Web
sites any viruses, corrupted files, or any material that is encrypted, constitutes junk mail (including, but not limited to, chain
mail, knowingly false information, spam), or advertising (unless expressly authorized by FB101), invades anyone’s privacy,
or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local,
state, national, or international law or regulation. You agree to use FB101 and its Web sites only for lawful purposes, and
you acknowledge that your failure to do so may subject you to civil and criminal liability.
You shall ensure that any material you provide to FB101 and any of its Services, or post on a bulletin board or forum
(including, but not limited to, text, photographs and sound) does infringe upon or misappropriate the patent, copyright,
trademark, service mark or trade secret rights or any other personal (such as a right to publicity), or other proprietary
rights of any third party.
You agree not to disrupt, interrupt, or otherwise interfere with FB101 and its Services, nor to alter or tamper with any
information or materials on or associated with FB101 and its Web sites.
You acknowledge that FB101 has not reviewed the content of all sites linked to or appearing on FB101. FB101 is not
responsible for the content or actions of any other sites linked to or from FB101 and does not endorse them. Your linking
to any service or site is at your own and sole risk.
You may not post any link to any Sub-Web page of fantasybaseball101.com without the written permission of FB101. You
may only post a link to the opening home page of FB101. You may not post any link to the Services or any reference to
FB101 that states or implies that you are affiliated with or sponsored by FB101 without the written consent of FB101.
4. Indemnification
You agree to indemnify, defend and hold harmless FB101, its owners, officers, managers, writers, employees, attorneys,
accountants, agents, licensors, co-branders, and advertisers, from any claim, demand, assertion or lawsuit asserting,
including attorneys’ fees, made by a third-party due to or arising out of Content you submit, post, transmit or make
available through FB101 and its Services, your use of FB101 and its Services, your connection to FB101, your violation of
the Terms of Service, or your violation of any rights of another, including, but not limited to, bulletin board or forum posts
that are libelous, tortuous, or infringes a patent, copyright, trademark, service mark, trade secret or any other personal or
proprietary rights of any third party.
5. Privacy Policy
Your privacy is important to FB101. Your registration data and certain other information about you are subject to our
privacy policy. For more information see our full privacy policy at http:www://fantasybaseball101.com/Privacy_Statement.
html.
6. Submission of Material
We encourage you to draft and submit articles to FB101 for display on any of its Services. We also welcome any user
suggestions for additions, deletions, and modification to FB101’s Services. While we will make an effort to review your
suggestions, we may not be able to adequately respond to your messages. You hereby agree that any idea, data or
creative work you transmit to us (“Submitted Information”) shall become the property of FB101 (if it is not in the public
domain) and has been submitted on a voluntary basis, and therefore, that FB101 will have no liability or responsibility for
providing any credit, compensation, or other consideration for any Submitted Information unless we contract for use of such
Submitted Information.
Your postings to and communications with FB101 are not private. You grant FB101 the unrestricted right to use,
reproduce, modify, translate, transmit and distribute any material you supply or communicate to FB101 in any medium (now
in existence or hereafter developed) and for any purpose, including commercial uses. We will only use information about
you in accordance with FB101’s Privacy Policy.
7. Intellectual Property
All contents of FB101’s Web sites are Intellectual Property of FB101 and copyrighted with all rights reserved. FB101’s
Intellectual Property include the following: logos, trademarks, service marks, photographs and other images, articles and
columns, other text, graphics, illustration, other artwork, audio clips, video clips, unique names for columns, articles, and
strategies. Any rights not expressly granted herein are reserved. You acknowledge and agree that all content on FB101 is
the Intellectual Property of FB101 and you agree not to infringe or otherwise use, or cause others to use, FB101’s
Intellectual Property without FB101’s express permission.
In addition, you may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file that is uploaded.
8. International Use
FB101 is located and operated in the United States. FB101 does not represent that materials and content on FB101’s Web
sites are appropriate or available for use in countries outside the United States. If you choose to access FB101 and use
any Services on FB101 from outside the United States, you are solely responsible for compliance with foreign and local
laws.
9. Disclosure and Modification of Information
FB101 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove any information or materials in whole or in
part, in FB1-1, in FB101’s sole discretion.
10. Disclaimer of Warranty and Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH FB101’S WEB
SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FB101 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN FB101’S
WEB SITES AT ANY TIME. ADVICE RECEIVED VIA FB101’S WEB SITE SHOULD NOT BE RELIED UPON FOR PESONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FB101 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON FB101’S WEB SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FB101 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FB101 AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FB101’S WEB SITES, WITH
THE DELAY OR INABILITY TO USE FB101’S WEB SITES OR RELATED SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FB101’S WEB SITES, OR
OTHERWISE ARISING OUT OF THE USE OF FB101’S WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FB101 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FB101’S WEB SITES, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FB101’S WEBSITES.
11. Entire Agreement
This Agreement is the complete and entire agreement between the parties and supersedes any contemporaneous or prior
agreement or representation, whether written or oral.
12. Governing Law and Jurisdiction
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State
of New York and the United States applicable to contracts to be wholly performed therein. The parties irrevocably submit
and consent to the exclusive jurisdiction and venue of the New York state courts in and for New York County, New York,
and the Federal Courts in and for the Southern District of New York. The parties agree not to raise the defense of forum
non-conveniens. In any litigation in state court, depositions and interrogatory responses may be used in support or
defense of motions for summary judgment. In any litigation arising from or related to this Agreement, the prevailing party
shall be entitled to recover its reasonable legal fees and costs from the non-prevailing party. YOU EXPRESSLY WAIVE ANY
RIGHT TO A JURY TRIAL.
13. Severability
If any term or provision of this Agreement shall be found to be illegal or enforceable, then, notwithstanding, it will be
enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement
will not be affected.
14. Headings
The headings used in this Agreement are for reference purposes only and shall have no legal meaning and not be deemed
part of this Agreement.
15. Modifications
FB101 reserves the right to change the terms, conditions, and notices under which FB101’s Web sites is offered, including
but not limited to the terms and charges associated with the use of FB101’s Web sites. This Agreement was last modified
on March 1, 2008.
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