C2K Fantasy Sports, LLC dba UFOCSports.com Terms Of Use And Notices
Ø Agreement Between User And UFOCSports.com
The UFOCSports Web Site is comprised of various Web pages operated by UFOCSports.com. The UFOCSports Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the UFOCSports Web Site constitutes your agreement to all such terms, conditions, and notices.
Ø Modification Of These Terms Of Use
UFOCSports.com, reserves the right to change the terms, conditions, and notices under which the UFOCSports Web Site are offered, including but not limited to the charges associated with the use of the UFOCSports Web Site. You are responsible for regularly reviewing these terms and conditions.
Ø Personal And Non-Commercial Use Limitation
Unless otherwise specified, the UFOCSports Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the UFOCSports Web Site.
Ø Links To Third Party Site
The UFOCSports Web Site may contain links to other Web Sites ("Linked Site"). The Linked Sites are not under the control of UFOCSports.com and UFOCSports.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. UFOCSports.com is not responsible for webcasting or any other form of transmission received from any Linked Site. UFOCSports.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UFOCSports.com of the site or any association with its operators.
Ø No Unlawful Or Prohibited Use
As a condition of your use of the UFOCSports Web Site, you warrant to UFOCSports.com that you will not use the UFOCSports Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the UFOCSports Web Site in any manner which could damage, disable, overburden, or impair the UFOCSports Web Site or interfere with any other party's use and enjoyment of the UFOCSports 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 UFOCSports Web Site. Participation in any UFOCSports offering, either on the UFOCSports Web Site or partner Site, serves as your agreement to abide by our terms and conditions.
Ø Use Of Communication Services
The UFOCSports Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
v Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
v Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
v Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
v Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
v Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
v Conduct or forward surveys, contests, pyramid schemes or chain letters.
v Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
v 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.
v Restrict or inhibit any other user from using and enjoying the Communication Services.
v Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
v Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
v Violate any applicable laws or regulations.
v Post personal information, including but not limited to email address, telephone number, and/or mail address
UFOCSports.com has no obligation to monitor the Communication Services. However, UFOCSports.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The standard penalty cycle for violating these communication rules is the removal of access to the Communication Service(s) for 3 days for the first offense, 14 days for the second offense, 30 days for the third offense and a permanent ban for the fourth offense. In addition, UFOCSports.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
UFOCSports.com 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 UFOCSports.com's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. UFOCSports.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, UFOCSports.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized UFOCSports.com spokespersons, and their views do not necessarily reflect those of UFOCSports.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
Ø Materials Provided To UFOCSports.com
UFOCSports.com does not claim ownership of the materials you provide to UFOCSports.com (including feedback and suggestions) or post, upload, input or submit to any UFOCSports Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting UFOCSports.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. UFOCSports.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in UFOCSports.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Ø Eligibility
Employees of UFOCSports.com, (and their immediate families), its agents, contractors, suppliers, and distributors (and their respective families), as well as employees of any hotel, venue, or prize provider participating in this contest (and their respective families) are not eligible for prizes in games which require a fee for participation. GAMES ARE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS. You must be 18 years or older to participate in games which require a team fee. THIS CONTEST IS VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW.
Any time a developer participates in a Standard UFOC League or a UFOC Extreme League that he works on, the developer must disclose that at the beginning of the season to the other owners within his/her conference or league. If you choose to stay, you are free to ask the developer questions about any of his/her actions during the season.
Profiles will designate all UFOCSports.com, employees as “site staff”.
Ø Refund Policy
After you sign up for a Standard UFOC League or a UFOC Extreme Game, you may receive a full refund of the purchase price/administrative fees until the point the actual Season starts for your league. Once the League Starts, a refund can not be issued.
All other refund requests will be subject to the sole discretion of UFOCSports.
Ø Prizes and Publicity
Certain games (UFOC Extreme), may offer a prizes based on the rules for each respective game. No purchase necessary. Prizes are not transferable and may not be substituted. Winners are responsible for all applicable taxes on prizes received. By participating, you agree that UFOCSports.com, Inc. may use your name, image, likeness and hometown for publicity and advertising purposes without additional compensation, except where prohibited by law. Organizers and sponsors are not responsible for any damages, loss, injury, or expenses not specified herein incurred by an entrant as a result of enrolling, playing, or winning. All prizes must be claimed within 180 days of the completion of game play.
All games and any related benefits such as reward points and/or future purchase credits are offered at the discretion of UFOCSports, and UFOCSports has the right to modify or discontinue, temporarily or permanently, any game, whether in whole or in part for any reason, with or without notice to you. You agree that UFOCSports will not be liable to you or to any third party for any modifications or discontinuance.
Please note that the use of a promotional code for Standard UFOC League teams or UFOC Extreme seasons are at the discretion of UFOCSports.com.
Ø Promo Code Usage
Promotional codes are only valid once per individual. Individuals using promotional codes under multiple usernames will be stripped of any discounts acquired via promotional codes.
Ø General
All dollar amounts specified herein are in U.S. dollars. All fees must be paid in U.S. dollars. Any disputes must be mailed to UFOCSports.com, 8666 W. Harmony Lane, Peoria, AZ 85382. No phone calls regarding disputes will be accepted. All issues or disputes, including but not limited to league business, scoring, infractions of these terms and disputes among team owners, will be reviewed and settled by the UFOCSports.com advisory board, whose decisions shall be final. Any controversy or claim arising out of or relating to this contest, whether asserted in contract, tort, statute, or otherwise (including whether or not such controversies or claims are arbitrable) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. All hearings and proceedings shall take place in Phoenix, Maricopa County, Arizona, using Arizona law (excluding conflict of law rules), and without regard to the Arizona General Arbitration Act or the Federal Arbitration Act. UFOCSports.com shall not be liable for any consequential, punitive or exemplary damages. If any provision of these terms should ever be held to be invalid or unenforceable, such invalid or unenforceable provision(s) shall be revised by UFOCSports.com and shall not affect any other provisions of these terms, and such other provisions shall continue in full force and effect. By participating in or entering any UFOCSports game, you (i) acknowledge acceptance of these terms and agree to adhere to and be bound by them, (ii) release, hold harmless, and waive any rights to recovery against UFOCSports.com and its sponsors, suppliers, contractors, officers, employees, partners, owners, and agents from and against any claims, expenses, damages, and/or liability incurred by you or your representatives in connection with or related to the operation of, or your participation in a UFOCSports game, and (iii) agree to hold UFOCSports.com harmless from all typographical, statistical, transaction, and communication errors or omissions. UFOCSports.com reserves the right to make corrections to simulation engines, scores, and any other material and information to correct such errors or omissions. UFOCSports.com specifically disclaims any and all warranties and representations (whether express or implied) in connection with this contest and/or your participation in it. UFOCSports.com reserves the right to disqualify any entrant for suspected cheating or non-adherence to these Official Terms. Disqualified entrants’ sole remedy shall be limited to a refund of money paid to UFOCSports.com in connection with playing game in question. Prizes awarded in UFOCSports games may be subject to legal restrictions. Entrants agree that in the event the award of prizes to winners of a UFOCSports game is challenged by a legal authority, UFOCSports.com has the sole right to determine whether or not to award such prizes and whether or not to refund previous payments made by the entrant. UFOCSports.com RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME.
Ø Software Available On The UFOCSports Web Site
Software (if any) that is made available to download from the UFOCSports Web Site, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of UFOCSports.com and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, UFOCSports.com Corporation hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular UFOCSports Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by UFOCSports.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
Ø Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE UFOCSPORTS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UFOCSPORTS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE UFOCSPORTS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE UFOCSPORTS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
UFOCSPORTS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE UFOCSPORTS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UFOCSPORTS.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL UFOCSPORTS.COM 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 THE UFOCSPORTS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE UFOCSPORTS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE UFOCSPORTS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE UFOCSPORTS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UFOCSPORTS.COM 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 THE UFOCSPORTS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE UFOCSPORTS WEB SITE.
Ø Service Contact
Ø Termination/Access Restriction
UFOCSports reserves the right to immediately terminate your use of, or access to, this Site at any time if UFOCSports decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that UFOCSports considers to be inappropriate or unacceptable.
Ø Patent, Copyright And Trademark Notices
All contents of the UFOCSports Web Site are: Copyright ©2009 C2K Fantasy Sports, LLC and/or its suppliers. All rights reserved. Any rights not expressly granted herein are reserved. Technology used by UFOCSports.com is patent pending.