Welcome to the FantasyPros Contributor Network. Here are some things you should know before getting started:
ACCEPTANCE OF TERMS; DESCRIPTION OF SERVICES
The FantasyPros Contributor Network (“FPCN”) is a part of Marzen Media LLC (“MMLLC”). These Terms of Service (“TOS”) between you and MMLLC govern your access to and use of the services and MMLLC websites which may be accessed via various existing or future media or devices (the “FPCN Services”).
By accessing or using the FPCN Services, you agree to be bound by this TOS. This TOS incorporates by reference the FantasyPros Privacy Policy and FantasyPros Terms of Use.
CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials whether publicly displayed or privately transmitted on the FPCN Services (“Content”) are the sole responsibility of the person or entity from whom such Content originated. The Content is intended for your personal, noncommercial use. All materials posted on or through the FPCN Services are protected by copyright and are owned or controlled by MMLLC or the party credited as the provider of the Content. You must abide by all copyright notices and any other terms restricting your use of any Content.
The FPCN Services, including any Content, are protected by copyright under U.S. and international copyright laws. You may not publish, reproduce (except as permitted in the next sentence), transmit, participate in the sale or transfer of, create new works from, distribute, perform, display, or in any way exploit any of the FPCN Services, including Content, in whole or in part. You may copy or download Content for personal, noncommercial use only, provided that you maintain all copyright notices and other restrictive notices contained on such Content. Copying or storing any Content for any non-personal use is expressly prohibited without prior written permission from MMLLC.
Content is owned by or licensed to MMLLC. MMLLC does not guarantee the accuracy, integrity, or quality of Content, including that originating from its licensors, and you understand that by using the FPCN Services that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. MMLLC will not, under any circumstances, be liable for any Content, including Content errors or omissions, or any loss or damage of any kind, including financial or trading losses, resulting from the use of any Content made available via the FPCN Services.
USER-GENERATED CONTENT
You acknowledge and agree that any content that you upload, post, email, transmit, or otherwise make available to the FPCN Services including comments, forum or board messages, reviews, shared activities, and updates (“User-Generated Content” or “UGC”) may be edited, modified, removed, published, transmitted, or displayed by MMLLC and that you hereby waive any rights you may have regarding your UGC being altered or manipulated in any way that may be objectionable to you. You further agree that by submitting UGC that you consent to its display on the FPCN Services, and for any related promotional use, whether on the FPCN Services or on other websites or in other media. You also understand and agree that UGC includes content submitted by you that is transmitted to MMLLC via your MMLLC updates from other MMLLC-owned and -operated sites, and that UGC may be shared via the FPCN Services via RSS feeds or other API-enabled feeds or updates.
Subject to the terms and conditions of this TOS, you hereby grant MMLLC a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the UGC, including without limitation the right for MMLLC or any third party MMLLC designates, to: use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future, any UGC submitted by you on or via the FPCN Services or any other website owned or operated by MMLLC.
You may not upload, post, email, transmit, or otherwise make available any UGC that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harms minors in any way;
- impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the FPCN Service;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party.
- You also may not upload, post, email, transmit, or otherwise make available:
- any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- 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;
You also many not:
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the FPCN Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- interfere with or disrupt the FPCN Services or servers or networks connected to the FPCN Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the FPCN Services, including using any device, software, or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above; or
- circumvent, or attempt to circumvent, by any means, any CAPTCHA controls or other identity-verification controls implemented by MMLLC.
You are solely responsible for your UGC, and while MMLLC does not and cannot review all UGC and is not responsible for such UGC, MMLLC reserves the right to delete, move, or edit UGC that it, in MMLLC’s sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
UNSOLICITED SUGGESTIONS TO FPCN
Notwithstanding the terms of Section 3, by submitting ideas, suggestions, documents, or proposals (“Unsolicited Suggestions”) to MMLLC through FPCN’s suggestion or feedback pages, you acknowledge and agree that: (a) your Unsolicited Suggestions do not contain confidential or proprietary information; (b) MMLLC is not under any obligation of confidentiality, express or implied, with respect to the Unsolicited Suggestions; (c) MMLLC shall be entitled to use or disclose (or choose not to use or disclose) such Unsolicited Suggestions for any purpose, in any way, in any media worldwide; (d) MMLLC may have something similar to the Unsolicited Suggestions already under consideration or in development; (e) your Unsolicited Suggestions automatically become the property of MMLLC without any obligation of MMLLC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from MMLLC under any circumstances.
FPCN CONTRIBUTORS; NO GUARANTEE OF COMPENSATION; YOUR REGISTRATION OBLIGATIONS
FPCN Contributors. “FPCN Contributors” are individuals who wish to submit original articles to MMLLC for publication on the FPCN Services. Once you register successfully as a FPCN Contributor, content that you submit via the submission process that may include any technology, designs, articles, written expressions, materials, content, graphics, data, information, images, photographs, art, illustrations, animations, video, audio, or audio/visual work, music, text, and/or any works of authorship that you provide to MMLLC hereunder, whether or not eligible for patent, copyright, trademark, trade secret, or other legal protection (“Submissions”) is subject to the terms of the FantasyPros Privacy Policy and the FantasyPros Terms of Use.
No Guarantee of Compensation; No Employment Relationship. You understand and agree that if you register successfully as a FPCN Contributor and subsequently submit Submissions to MMLLC which are later published that there is no guarantee that you will receive any compensation of any kind, regardless of whether such Submission was the result of a promotion, assignment announcement or other statement from or on behalf of MMLLC. You further understand and agree that your submitting Submissions to MMLLC will not, under any circumstances, create an employment relationship between you and MMLLC.
Registration Data: To register as a FPCN Contributor and in consideration of your use of the FPCN Services, you represent that you can form a binding contract and are not a person barred from receiving the FPCN Services under the laws of the United States or other applicable jurisdiction. You also agree that during the FPCN registration process and thereafter that you will provide and maintain true, accurate, current, and complete information about yourself (the “Registration Data”). You may not create a member ID with the intent to impersonate another person, nor may your member ID contain offensive language. If MMLLC, in its sole discretion, believes that you have not complied with the terms of this paragraph, then MMLLC may suspend or terminate your account and refuse any and all current or future use of any part or all the FPCN Services by you.
Your Account and Password; Security
When you register, you will select a password for your FPCN account. You are solely responsible for maintaining the confidentiality of your password and account. You must notify FPCN immediately of any suspected unauthorized use of your password or account or any other breach of security. You are also fully responsible for all activities that occur under your password or account, and any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account and you may be referred to law enforcement agencies, at MMLLC ‘s sole discretion. MMLLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Conduct; DRM
You acknowledge, consent and agree that MMLLC may access, preserve, and disclose your Registration Data and related account information, and your UGC or Submissions, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any UGC or Submissions violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of MMLLC, its users, and the public.
You understand that the FPCN Services and software embodied within the FPCN Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by MMLLC and/or content providers who provide content to the FPCN Services. You may not attempt to override or circumvent any of the usage rules embedded into the FPCN Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the FPCN Services, in whole or in part, is strictly prohibited.
FEATURED CONTRIBUTOR PROGRAM
You may be selected by FPCN, at FPCN’s sole discretion, to participate in the Featured Contributor Program (the “Featured Contributor Program”). You agree to comply with any guidelines that are posted on the FPCN Services or otherwise made available to you. You further agree and acknowledge that your participation in the Featured Contributor Program is voluntary, without compensation of any kind, and will not create any employment relationship between you and MMLLC. You may terminate your participation in the Featured Contributor Program at any time, and MMLLC may, without notice to you, terminate your participation in the Featured Contributor Program at any time. You understand that FPCN may from time to time change the Featured Contributor Program guidelines or terminate the Featured Contributor Program in its entirety at any time in its sole discretion.
INTERSTATE NATURE OF COMMUNICATIONS ON FPCN NETWORK
By using the FPCN Services to send electronic communications, you will cause communications to be sent through MMLLC’s computer networks, portions of which are located across the U.S. in various states and in locations in other countries. As a result, communications that may appear to be intrastate in nature may result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that your use of the FPCN Services results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Use of the FPCN Services and transfer, posting, and uploading of software, technology, and other data via the FPCN Services may be subject to the export and import laws of the United States and other countries. You hereby (a) agree to comply with all applicable export and import laws and regulations and any applicable local rules regarding online content; (b) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the FPCN Services to parties identified on such lists; (c) agree not to use the FPCN Services for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; and (d) agree not to transfer, upload, or post via the FPCN Services any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.
INDEMNITY
You agree to indemnify and hold MMLLC and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your UGC, your Submissions, your use of the FPCN Services, your connection to the FPCN Services, your violation of the TOS, or any other agreement incorporated therein, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FPCN may establish general practices and limits concerning use of the FPCN Services, including the maximum number of days that uploaded Content will be retained by the FPCN Services and the maximum number of times (and the maximum duration for which) that you may access the FPCN Services. FPCN has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the FPCN Services. FPCN may log off accounts that are inactive for an extended period of time. FPCN reserves the right to modify these general practices and limits from time to time. Your agreement to this TOS constitutes your consent to allow FPCN to store these communications on its servers.
TERMINATION
MMLLC may, without prior notice and in its sole discretion, immediately terminate, limit your access to, or suspend your FPCN Contributor account and access to the FPCN Services, for no reason or for cause which may include your breach of the TOS. MMLLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the FPCN Services.
Termination of your FPCN Contributor account includes any or all of the following: (a) removal of access to all or part of the offerings within the FPCN Services, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the FPCN Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FPCN Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that MMLLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the FPCN Services.
When promoting your Submission, you must clearly disclose as applicable the type and extent of your connection to any product manufacturer or promoter, and such disclosure must also comply with any terms set forth by MMLLC.
LINKS
The FPCN Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that FPCN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FPCN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
FPCN’S PROPRIETARY RIGHTS
You acknowledge and agree that the FPCN Services and any necessary software used in connection with the FPCN Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the FPCN Services or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by MMLLC or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on the FPCN Services, such Content or the Software, in whole or in part.
MMLLC grants you a personal, nontransferable and nonexclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the FPCN Services. You agree not to access the FPCN Services by any means other than through the interface that is provided by MMLLC for use in accessing the FPCN Services.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE FPCN SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE FPCN SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MMLLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
MMLLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE FPCN SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE FPCN SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FPCN SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FPCN SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FPCN SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MMLLC OR THROUGH OR FROM THE FPCN SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE FPCN SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE FPCN SERVICES. IMMEDIATELY DISCONTINUE USE OF THE FPCN SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE FPCN SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MMLLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MMLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE FPCN SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FPCN SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE FPCN SERVICES.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE
MMLLC may provide you with written notices to the email or mailing address provided by you in your Registration Data. MMLLC is not responsible for damage or losses that may be incurred by you as a result of your failure to receive such notices due to inaccurate or incomplete Registration Data, spam filters, or your lack of internet access.
TRADEMARK INFORMATION
You agree that all of MMLLC’s trademarks, trade names, service marks, and other FPCN logos and brand features and product and service names are trademarks and the property of MMLLC (the “FPCN Marks”). You agree not to display or use in any manner the FPCN Marks without MMLLC’s prior written permission.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MMLLC respects the intellectual property of others, and we ask our users to do the same. MMLLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
GENERAL INFORMATION
Entire Agreement. This TOS, which incorporates by reference the the FantasyPros Privacy Policy, the FantasyPros Terms of Use and any applicable guidelines, constitutes the entire agreement between you and MMLLC and governs your use of the FPCN Services, superseding any prior version of this TOS between you and FPCN or MMLLC with respect to the FPCN Services.
Choice of Law and Forum. You and MMLLC each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and MMLLC, shall be brought exclusively in the courts located in Clark County, Nevada, or the U.S. District Court for Southern Nevada. You and MMLLC agree to submit to the personal jurisdiction of the courts located within Clark County, Nevada, or the Southern District of Nevada, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of MMLLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Nontransferability. You agree that your FPCN account is nontransferable and any rights to your FPCN ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate or as otherwise permitted per the terms of this TOS, your account may be terminated and all associated Content or UGC may be permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the FPCN Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to info@fantasypros.com
