Terms of Use - GENERAL INFORMATION

1.1 Terms and Conditions Binding
Registering for and/or participating in any fantasy league offered on FantasyGemz.com signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. FantasyGemz.com may modify these Terms and Conditions at any time. Your continued use of FantasyGemz.com following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.

1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance with the laws of the State of New York, irrespective of any principles of conflicts of law.

By registering for and/or participating in any fantasy league offered on FantasyGemz.com, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in Queens in the State of New York, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on FantasyGemz.com, constitute the entire agreement between you and FantasyGemz.com and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with FantasyGemz.com. Nothing in this subsection will prevent FantasyGemz.com from modifying the terms of these Terms and Conditions and posting such modifications on FantasyGemz.com.

1.4 Severability
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

SECTION TWO - CONDITIONS AND OBLIGATIONS

2.1a Eligibility (United States)
To open an account and/or participate in any fantasy league offered on FantasyGemz.com, you must:

a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on the date of your registration;

b) be a U.S. citizen or resident alien with a U.S. address;

c) be physically located within the U.S.; and

d) be physically located in a U.S. state in which participation in the fantasy leagues offered on FantasyGemz.com is unrestricted by law.

The rules governing contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, FantasyGemz.com CANNOT offer fee-based tournaments with prizes to residents of the following states: Arizona, Connecticut, Florida, Louisiana, Montana & Vermont. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2.1b Eligibility (Non-U.S.)

a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on the date of your registration. If you are a U.S. resident, make sure you are not from one of the restricted states. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2.2 Additional Persons Not Eligible
Notwithstanding Section 2.1, the following persons are ineligible to receive any prize offered on FantasyGemz.com: employees, officers, and directors (and their immediate family members) of FantasyGemz.com, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any fantasy leagues offered on FantasyGemz.com. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with such employee, officer, or director.

2.3 Legality and Taxes
You are subject to all laws of the state, province and/or country in which you reside and from which you access FantasyGemz.com and are solely responsible for obeying those laws. You agree FantasyGemz.com cannot be held liable if laws applicable to you restrict or prohibit your participation. FantasyGemz.com makes no representations or warranties, implicit or explicit, as to your legal right to participate in any fantasy league offered on FantasyGemz.com nor shall any person affiliated, or claiming affiliation, with FantasyGemz.com have authority to make any such representations or warranties.

FantasyGemz.com reserves the right to monitor the location from which you access FantasyGemz.com and to block access from any jurisdiction other than the U.S., or any jurisdiction in which participation is illegal or restricted. FantasyGemz.com may require any participant receiving any prize to provide FantasyGemz.com with proof that he or she is eligible to participate according to Sections 2.1 and 2.2 above.

It is the policy of FantasyGemz.com, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on FantasyGemz.com in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

2.4 Acknowledgment of Proprietary Rights
By registering for and/or participating in any fantasy league offered on FantasyGemz.com, you acknowledge that all information contained on FantasyGemz.com may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by FantasyGemz.com. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. FantasyGemz.com neither warrants nor represents that your use of materials displayed on FantasyGemz.com will not infringe rights of third parties. While FantasyGemz.com uses reasonable efforts to include accurate and up-to-date information, FantasyGemz.com makes no warranties or representations as to its accuracy. FantasyGemz.com assumes no liability or responsibility for any errors or omissions in the content of FantasyGemz.com.

Any communication or material you transmit to FantasyGemz.com by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by FantasyGemz.com or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, FantasyGemz.com is free to use any ideas, concepts, know-how or techniques contained in any communication you send to FantasyGemz.com for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

The trademarks, logos, and service marks (“Trademarks”) displayed on FantasyGemz.com, including the names of all leagues and playoffs, are registered and unregistered Trademarks of FantasyGemz.com and/or others. Nothing contained on FantasyGemz.com should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on FantasyGemz.com without the written permission of Fantasy Gemz Fantasy Gamez or such third party that owns the Trademark displayed on FantasyGemz.com. Your misuse of any Trademark displayed on FantasyGemz.com, or any other content on FantasyGemz.com, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that FantasyGemz.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.

2.5 Promotional Activities
By registering for an account, you agree that FantasyGemz.com may display your user name and team records. By accepting any prize from FantasyGemz.com, you agree to allow FantasyGemz.com to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation.

2.6 Submissions
If you send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to FantasyGemz.com, such submissions shall become, and shall remain, the sole property of FantasyGemz.com. No submission shall be subject to any obligation of confidence on the part of FantasyGemz.com. FantasyGemz.com shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to you.

2.7 Information Required (U.S. players only)
At registration, you are required to submit the following information: an alias that will be your user name and your e-mail address. FantasyGemz.com reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases. Upon registration you are required to submit the following information: full name, permanent residential address, phone number and other payment information. In addition, if your total winnings on FantasyGemz.com in any given year reach $600, FantasyGemz.com will request that you submit your social security number in order to send you a Form 1099, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time will result in FantasyGemz.com being unable to credit your account for any winnings in excess of $600.

2.8 Accuracy of Information
You represent and warrant that all information you supply to FantasyGemz.com is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

2.9 Privacy Policy
FantasyGemz.com will not intentionally disclose any personally identifying information about you (including your social security number, your e-mail address, information obtained by FantasyGemz.com from cookies, and information regarding your IP address) to third parties without your consent except where FantasyGemz.com, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of FantasyGemz.com. Your acceptance of any prize from the Site constitutes consent for FantasyGemz.com's disclosure of personal information as described in Section 2.5. FantasyGemz.com reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. Fantasy Gemz Fantasy Gamez utilizes e-mails to notify you when you win a cash prize, and to let you know of special promotions, events and policy changes.

2.10 Chat & Message Board Policy
Rules of Conduct:

• FantasyGemz.com reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas.
• FantasyGemz.com reserves the right to remove any posts for any reason.
• You must be at least 18 years old to participate in any part on FantasyGemz.com.
• Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.
• Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.
• FantasyGemz.com owner names will be displayed as ‘Your Name’; impersonating other owners is not allowed.
• Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.
• Advertising or promotion of other companies or URLs is not allowed.
• Please limit posting to the subject of FantasyGemz.com’s games, message board or site.
• Do not share personal information (your name, phone number, home address, password) with others on the site.
• No advertising of any kind is allowed in messages.
• No copyrighted materials are allowed in messages.
• Information disclosed in FantasyGemz.com chat rooms or message boards becomes property of the Site and is revealed to the public. FantasyGemz.com is not responsible for any information you choose to disclose to others.
• Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.

2.11 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as “Spam”. Users who are reported and whose claims of “Spam” are validated by FantasyGemz.com, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of FantasyGemz.com. FantasyGemz.com defines “Spam” as:

• Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient;
• Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume;
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system (such as ICQ);

FantasyGemz.com may undertake, at its sole discretion and with or without prior notice, the following enforcement actions described in detail below:

• Account Suspension: Upon the receipt of a credible and validated complaint, FantasyGemz.com may also elect to immediately suspend the membership of the user implicated in the abuse. Suspension serves as a “Final” warning and will prevent the abuser from continuing their abusive “Spamming” behavior. FantasyGemz.com will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion. FantasyGemz.com reserves the right to lift the suspension of a user at any time, at its sole discretion.
• Account Termination: Upon the receipt of a credible and validated complaint, FantasyGemz.com may immediately terminate the membership of the individual user implicated in the abuse. Termination results in the immediate closure of the referral account, the loss of all referrals, the forfeiture of any unpaid referral money on account, a prohibition against any future membership, and the user will lose the right to compete in any playoff competition.

ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: support@FantasyGemz.com !

2.12 Limitations on Participation
You may establish only one owner account per person to participate in the activities offered on FantasyGemz.com. FantasyGemz.com reserves the right to monitor any effort to establish multiple accounts; in the event FantasyGemz.com discovers that you have opened more than one owner account per person, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. FantasyGemz.com also reserves the right to deny access to anyone, including, but not limited to those players who use proxy servers and/or IP addresses residing in certain geographical areas outside of the U.S.

2.13 Abuse
Anyone who displays behavior consistent with the use of unfair methods on FantasyGemz.com, including but not limited to the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage, the deliberate transfer of money between accounts (i.e. "money laundering"), harassment of other participants, posting of objectionable material, any breach of the terms of the agreement between you and FantasyGemz.com, or any breach of the security of your account or FantasyGemz.com ("Abuse"), shall be subject to immediate sanction (as determined by FantasyGemz.com in its sole discretion), up to and including account termination and blocking of FantasyGemz.com access and, in the case of money laundering, disclosure to the FBI in accordance with the terms of certain recently passed federal legislation. Additionally, all winnings (if any) may be voided at the sole discretion of FantasyGemz.com.

2.14 Account Maintenance Fee
For any account that has been inactive for three consecutive weeks, FantasyGemz.com reserves the right to deem such account as abandoned. Abandoned accounts will forfeit all games that have been played and all remaining scheduled games. Players on abandoned accounts will be placed in the free agent pool. An inactive account is any account in which the user has not logged in, set starting lineups, and/or made any transactions (trades, etc.) in three consecutive weeks.

SECTION THREE - DISCLOSURES

3.1 Odds and Prizes
The results of all league play offered on FantasyGemz.com depend on the number and skill level of the owners participating in such leagues; precise odds of winning are therefore unavailable. Prizes are cash amounts which are paid league winners by company check.

3.2 League Winners
League winners will be posted on FantasyGemz.com immediately following each playoff, except in the case of exclusive Winner Takes All leagues with substantial cash prizes, where lists may be delayed for up to five business days while verification of the results takes place in order to help prevent potential abuse.

3.3 Game Rules
Rules for each specific league offered on FantasyGemz.com can be found by clicking on the following link: Official Fantasy Gemz Rulebook

SECTION FOUR - LIMITATION ON LIABILITY

4.1 General Disclaimer
BY REGISTERING AND/OR PARTICIPATING IN ANY FANTASY LEAGUE OFFERED ON FANTASYGEMZ.COM, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF FANTASYGEMZ.COM. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM FANTASYGEMZ.COM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT FANTASYGEMZ.COM IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.

FantasyGemz.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in FantasyGemz.com or your downloading of any materials, data, text, images, video or audio from FantasyGemz.com.

In case of a malfunction or disruption of service for which FantasyGemz.com is responsible that prevents you from completing a season in which you have begun to participate, FantasyGemz.com will, upon receipt of a refund request, refund the entry fee charged for that unfinished season only. FantasyGemz.com reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. FantasyGemz.com also reserves the right to limit your league play or terminate your account should FantasyGemz.com determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. FantasyGemz.com is not liable for any potential winnings from any unfinished season.

4.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON FANTASYGEMZ.COM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH FANTASYGEMZ.COM HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

4.3 Credit Card Use
You agree that FantasyGemz.com is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with FantasyGemz.com.

Any attempt to defraud FantasyGemz.com through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your account, forfeiture of any prizes to which you are otherwise entitled, and civil and/or criminal prosecution.

4.4 Hacking, Tampering, or Unauthorized Access
By registering for and/or participating in any fantasy league offered on FantasyGemz.com, you agree that FantasyGemz.com is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of FantasyGemz.com or your account.

Any attempt to gain unauthorized access to FantasyGemz.com’s systems or any account, interfere with procedures or performance of FantasyGemz.com, or deliberately damage or undermine FantasyGemz.com is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled.

Any attempt to participate in any league offered on FantasyGemz.com by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to FantasyGemz.com, will result in civil and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which your are otherwise entitled.

4.5 Accounts for Individual Use Only
You, as the holder of your account, are solely responsible for all obligations and (assuming compliance with all other Terms and Conditions of FantasyGemz.com) entitled to all benefits accruing thereto. You may not allow any other person to access your account, access FantasyGemz.com, accept any winnings, or participate in any league using your account information. Your account is not transferable to any other person. By registering and/or participating in any league offered on FantasyGemz.com, you agree to indemnify, defend, and hold FantasyGemz.com harmless from or for any claims, liability, damages, and/or costs (including attorneys fees) arising from any use of your account by any person.

4.6 Account Termination
FantasyGemz.com reserves the right to terminate your account, limit or prohibit your participation in any game, league or playoff, or modify your scores for any reason, including but not limited to any Abuse (see Section 2.13) by you.

By registering for and/or participating in any league offered on FantasyGemz.com, you consent to allow FantasyGemz.com to access your account information to investigate complaints or other allegations of abuse.

If applicable, all charged monies (entry fees), will be returned to the player. All winnings (if any) may be voided at the sole discretion of FantasyGemz.com.