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Acceptance of Terms
Welcome to FantasyGemz Fantasy Gamez. The FantasyGemz.com web site FantasyGemz service are owned and operated by Fantasy Gemz Fantasy Gamez, Inc. (hereinafter referred to as " FantasyGemz ", "we" or "us").
FantasyGemz provides its services to you subject to the following Terms of Use, which may be updated occasionally, at our sole discretion, with or without notice to you. The most current version of these Terms of Use will always be on this page and will supersede all previous versions. There will always be a link to the most current Terms of Use on the www.fantasygemz.com home page. By using, visiting, or browsing the FantasyGemz.com web site, you accept and agree to be bound by these terms.
These Terms of Use set forth the entire agreement regarding all the subjects we discuss herein. If any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.
We reserve the right, in our sole and absolute discretion, to make changes from time to time (with or without notice) in how we operate our service.
Privacy
Any information you submit to us, or any information we collect, is subject to the FantasyGemz Privacy Notice.
Your Account
If you use the FantasyGemz.com Web site or the FantasyGemz service, you represent and warrant that all information you supply to FantasyGemz is complete and accurate. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You also agree not to impersonate any other person while using the FantasyGemz.com Web site. By using the FantasyGemz.com Web site, you agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility (at all times) to provide and maintain an accurate and working e-mail address, delivery address, telephone number, and billing information. We reserve the right to place any account on hold at anytime (with or without notification to the member) in order to protect us from what we believe to be fraudulent activity.
Fees
FantasyGemz uses PayPal (TM) to process transactions. PayPals\’ industry leading reputation, experience and technological capabilities provides excellent assurance that your personal and financial information is kept safe, secure and private. The fee will appear on statements as FantasyGemz Fantasy Gamez.
FantasyGemz is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. WE DO NOT GIVE PRO-RATED REFUNDS IF CANCELLATION IS INITIATED DURING THE MIDDLE OF A BILLING CYCLE. We also reserve the right to change our fees, but we will notify you in advance if we do so.
Safe Shopping
Federal law limits your liability for unauthorized charges to your account. The Fair Credit Billing Act (FCBA) states that your credit card company (creditor) cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your account. FantasyGemz will pay up to $50 of your liability if your credit card is used fraudulently at FantasyGemz.com.
We will cover this liability only if the unauthorized use of your credit card resulted through purchases made at FantasyGemz.com while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with the FCBA reporting rules and procedures.
Limitations on Liability
THE CONTENTS OF THE FANTASYGEMZ.COM WEB SITE, AND THE FANTASY SPORTS GAMES WE DELIVER ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT THEIR ACCURACY OR FUNCTIONALITY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE FANTASYGEMZ.COM WEB SITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE FANTASYGEMZ.COM WEB SITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE FANTASYGEMZ.COM WEB SITE, OR FOR ANY CONDUCT BY USERS OF THE FANTASYGEMZ.COM WEB SITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, FANTASYGEMZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE FANTASY SPORTS GAMES WE OFFER. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE, OR CURRENT.
IN NO EVENT SHALL FANTASYGEMZ.COM, ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY FANTASY SPORTS GAMES OR THE INFORMATION ON OUR WEBSITE.
Intellectual Property
All content and data included on the FantasyGemz.com web site, including but not limited to graphics, text, logos, button icons, and software, is the property of FantasyGemz Fantasy Gamez, or its suppliers and is protected by United States and international copyright laws. No content may be reproduced or used without express written permission from FantasyGemz Fantasy Gamez, Inc. and any other copyright holder.
You agree not to decompile, reverse engineer or disassemble any software, products or processes accessible through FantasyGemz.com, not to insert any code or manipulate any content and not to use data mining, data gathering or any other extraction methods. FantasyGemz does not condone infringing activities.
FantasyGemz is a registered trademark of FantasyGemz Fantasy Gamez, Inc. FantasyGemz 's trademarks may not be used in connection with any product or service that is not FantasyGemz 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FantasyGemz. All other trademarks not owned by FantasyGemz that appear on the FantasyGemz.com site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FantasyGemz. Any images of persons or personalities contained on the FantasyGemz.com Web site or in games shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Web Site Content
Under no circumstances shall FantasyGemz Fantasy Gamez, Inc. or its officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the FantasyGemz.com Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the FantasyGemz.com Web site.
Some hyperlinks on FantasyGemz.com may lead to other Web sites that are not owned or controlled by FantasyGemz Fantasy Gamez, Inc. FantasyGemz has not reviewed these sites and has no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. FantasyGemz makes no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses or otherwise impact your computer.
Electronic Communications
By using the FantasyGemz service, you agree to receive electronic communications from FantasyGemz. These communications may include information about your account, like confirmation e-mails, or information related to the FantasyGemz service and features. These communications are part of your membership to FantasyGemz, and you are entitled to receive them as a FantasyGemz member. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically do satisfy any legal requirements regarding communications, including the requirement that such communications be in writing.
Copyright Complaints
If you believe that material on the FantasyGemz.com web site is infringing your rights under U.S. copyright law, you may file a complaint of such claimed infringement with FantasyGemz 's designated copyright agent:
By E-mail: copyright@fantasygemz.com
For your complaint to be valid under the Digital Millennium Copyright Act, you must provide the following information when providing notice of the claimed copyright infringement:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* Identification of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the site;
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
* A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
Your Conduct on the FantasyGemz.com Web Site
By using the FantasyGemz.com Web site, you agree not to upload, post, e-mail, or otherwise send or transmit 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, hardware, equipment, or site content associated with the FantasyGemz.com Web site. You also agree not to interfere in any way with the servers or networks connected to the FantasyGemz.com Web site, or to violate any of the procedures, policies, or regulations of networks connected to the FantasyGemz.com Web site, the terms of which are incorporated herein. You also agree not to conduct yourself in an offensive manner while using our service and/or our Web site, impersonate any other person while using the FantasyGemz.com site, or use the FantasyGemz.com Web site for any unlawful purpose.
User Reviews and Other Content
Visitors may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other content. FantasyGemz reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant FantasyGemz and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FantasyGemz and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FantasyGemz or its affiliates for all claims resulting from content you supply. FantasyGemz has the right but not the obligation to monitor and edit or remove any activity or content. FantasyGemz takes no responsibility and assumes no liability for any content posted by you or any third party.
Limitations on Use
You must be 18 years of age or older and reside in one of the 50 United States or the District of Columbia to subscribe to the FantasyGemz service. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN. The fantasy sports games we offer and the content on the FantasyGemz.com Web site are strictly for personal and non-commercial use. We agree to provide fantasy sports games to our members and grant you a license to access the FantasyGemz.com Web site for that limited purpose only. Any unauthorized use of the FantasyGemz.com Web site will terminate your membership and the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your membership, or the use of our service or any portion thereof, without notice, for any reason whatsoever, or for no reason.
To Contact FantasyGemz
If you have a question or concern about these Terms of Use, please contact support@fantasygemz.com |
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