1. Acceptance of Terms
Welcome to the Internet sites of FanStar, its affiliates and licensors ("FanStar", "we", “our” or "us"). We provide the service (as defined herein) to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without prior notice to you. You can review the most current version of the TOS at any time at: http://www.fanstar.com/ and accessing the link “Terms of Service” at the bottom of any web page on our site. In addition, when using FanStar owned or operated services, you and FanStar shall be subject to the guidelines or rules applicable to such service. All such guidelines or rules are hereby incorporated by reference into the TOS. We may also offer other services that are governed by different TOS.
2. Service Description
FanStar currently provides users with access to a rich collection of online resources, including, fantasy sports games, sports related news, contests, sweepstakes, online forums, personalized content , branded programming, and other content owned or licensed by us, and merchandise and services offered by our independent merchants through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new FanStar properties, shall be subject to these TOS. We may change, suspend or discontinue any aspect of the Service at any time. We may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. You understand and agree that the Service is provided "AS-IS" and that FanStar assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that these TOS are personal to you and that you may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. FanStar also may offer other services from time to time, which are governed by different terms of service.
3. Member Registration
Registration may be required for the use of certain portions of the Service. Your registration shall not impose any duty on us to provide any particular service to you. If the terms of any FanStar registration agreement conflict with the terms of this TOS, the registration agreement shall control. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When you register you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration forms (such information being the "Registration Data ") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FanStar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. Member Account, and Security
When you register you will receive a User ID upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the assigned User ID, the Password you entered, and you are fully responsible for all activities that occur under your User ID and password (“Your Account”). You agree to (a) immediately notify us of any unauthorized use of Your Account or any other breach of security, and (b) logoff or close your browser at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Copyright; Trademark
The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on the Service are protected by copyright and are owned or controlled by FanStar or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from us or the copyright holder as identified on the Service. FanStar and all other service marks, trademarks and logos displayed on the Service (collectively, the “FanStar Trademarks”) are the property of FanStar, its affiliates, or its licensors. You agree not to display or use the FanStar Trademarks in any manner. Elements of the Service including, but not limited to, the "look and feel," are protected by tradedress, trademark, copyright, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Service may be copied or retransmitted unless expressly permitted by FanStar.
The Service contains hyperlinks to other World Wide Web sites which are not included as part of the Service ("Other Site(s)"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. We may not have reviewed the content of any Other Site, and we do not warrant or make any representation regarding any Other Site's accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by FanStar of any Other Site(s) resources or their content. We only provide these links to you as a convenience, and the inclusion of any link does not imply endorsement by us of the Other Site. Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, FanStar content; (c) shall not imply that FanStar is endorsing or sponsoring it or its products; (d) shall not present false information about FanStar or its products or services; (e) shall not use Trademarks without the prior written permission from FanStar; and (f) shall not contain content that could be construed as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.
8. Representations and Warranties
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) restrict any other user from using and enjoying the Service; (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) contain a virus or other harmful or potentially harmful component; (f) contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) constitute or contain false or misleading indications of origin or statements of fact. You acknowledge that we may or may not pre-screen Content, but that FanStar and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service at any time. Without limiting the foregoing, FanStar and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of FanStar, its management, employees, customers, vendors, and the general public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
9. Service Content and Information
The Service contains information, advice, text, materials, and goods and services (collectively, the "Materials") that are provided for your convenience and enjoyment. Third parties, including but not limited to our licensors, provide some of the Materials. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on the Service or in the documents and policies of third parties. FanStar makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing. Third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service 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 Materials by third parties on the Service. Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication. We do not represent or warrant that every action you take with regard to your account and related activities on the Service 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 Service.
10. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. Content Submitted or Made Available for Inclusion on the Service
FanStar does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free and non-exclusive perpetual license(s), as applicable: With respect to Content you submit or make available in connection with your use of the Service or for inclusion on publicly accessible areas of FanStar Bulletin Boards or for diplay in other public forums (collectively “Forums”), the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content (in whole or in part) on the Service. "Publicly accessible" areas of the Service are those areas of the FanStar network of properties that are intended by FanStar to be available to the general public. By way of example, publicly accessible areas of the Service would include Bulletin Boards, Forums, and Message Boards that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of our Services that are restricted to individual users.
You agree to indemnify and hold FanStar, and its subsidiaries, affiliates, owners, officers, managers, employees, attorneys, accountants, agents, licensors, co-branders, and advertisers,harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
13. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FANSTAR AND ITS LICENSORS,SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. FANSTAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FanStar DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, FanStar AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FANSTAR BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR FanStar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR TORT. IN NO EVENT SHALL FANSTAR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT THAT YOU HAVE PAID US TO USE ANY PART OF THE SERVICE. FURTHER, YOU AGREE THAT IN NO EVENT SHALL ANY LEGAL ACTION BE BROUGHT BY YOU AGAINST US MORE THAN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUED.
15. Governing Law
THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
16. Jurisdiction and Venue=
The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Arizona state courts in and for Maricopa County, Arizona and the Federal Courts in and for the Arizona district. The parties agree not to raise the defense of forum non-conveniens.
Whenever, under the provisions of this TOS, you are required or permitted to give notice to FanStar, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to FanStar at the following address:
3350 W Twain Ct
Anthem, AZ 85086
ATTN: President of Parent Company, FANSTAR, LLC.
Whenever, under the provisions of this TOS, we are required or permitted to give notice to you, we may send an e-mail to the address provided by you when you registered with the Service. If you have not provided an accurate e-mail address or if you have not registered with the Service, we may, but are not obligated to, send a notice to you in any reasonable way.
Any item contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. Each provision of this TOS shall be considered severable and if for any reason any provision or provisions hereof are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this TOS that are valid.