FANTASY GEMZ FANTASY FOOTBALL USER AGREEMENT
Fantasy Gemz Fantasy Gamez, LLC. (the "Company") owns and operates Fantasy
Gemz.com ("FantasyGemz.com") on the Internet. By becoming a
subscriber on FantasyGemz.com and using its services, I agree to abide by all
FantasyGemz.com policies, whether explicitly written, or unwritten but
established by common practice, and the terms and conditions set forth
in this User Agreement, which may be revised by the Company from time to
time.
Use of FantasyGemz.com Playing Site
1) I will not give my password to anyone. I will not share my account.
I am the only person allowed to use my account. Specifically, I
will not allow other people to use my account for chatting,
observing events, playing games, or for any other purpose.
2) I will not use software, analysis software or fantasy
engines while playing games on FantasyGemz.com on the Company's computer
list. I acknowledge and agree that the Company has the right to monitor
such activity and further agree to indemnify, defend and hold the
Company harmless from and against any and all liabilities, claims,
causes of action or damages (including attorney's fees) arising from the
Company's exercise of its rights herein.
3) I will behave decently toward other players, as described in the Terms
of Use.
4) I will not copy, or in anyway display, reproduce, distribute, modify,
or transmit the contents of FantasyGemz.com without prior written
permission of the Company.
5) I will not use FantasyGemz.com for commercial purposes. I will not use
FantasyGemz.com for advertising of any sort without prior written
permission of the Company.
Services
If a representative of the Company has reason to believe I will or
have violated FantasyGemz.com policies or any term or condition of this
User Agreement, I acknowledge and agree that such representative has
the right to take appropriate actions in his/her sole discretion,
including without limitation, suspension of certain chat features,
temporary suspension of services, or in extreme cases, a permanent
loss of my membership of FantasyGemz.com without any refund.
THIS FANTASYGEMZ.COM SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, THE WARRANTY OF
NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE
WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT THIS SITE AND
SERVICE ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF USE
OF THIS SITE OR ITS CONTENT RESULTS IN THE NEED FOR REPLACING OR
SERVICING MY COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, THE
COMPANY IS NOT RESPONSIBLE FOR THESE COSTS. If at any time I am not
satisfied with the services that the Company is providing, my
exclusive remedy is to request a refund for the unused remaining paid
time.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE AND ITS
MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
The Company will use commercially reasonable efforts to keep the
services offered on FantasyGemz.com available at all times. I
understand that from time to time, routine maintenance and
installation of new features may be necessary, and will result in
short periods that the services may be unavailable (down-time).
The Company is not responsible for general failure of the
Internet, routers, or member's computer systems beyond its control.
I agree to defend, indemnity, and hold harmless the Company, its
officers and directors, employees and agents, from and against any and
all liabilities, claims, actions or demands, including without
limitation reasonable legal and accounting fees, arising or resulting
from my use or inability to use of materials on FantasyGemz.com site, or
my breach of this User Agreement.
Intellectual Property
The Company has the exclusive right, title and interest to the
contents of the FantasyGemz.com site, including without limitation, the
Company's trademark, service marks, copyrights and other intellectual
property (the "Proprietary Rights"), unless otherwise specified
therein. Except as provided herein, I acknowledge that I am not
granted by implication, estoppel or other means any license or right
to use the FantasyGemz.com site without prior written consent of the
Company. All rights not expressly granted herein are reserved by the
Company. All contents of the FantasyGemz.com site are: Copyright 2005
Fantasy Gemz Fantasy Gamez, LLC. All rights reserved.
Communication
FantasyGemz.com makes a reasonable effort to create and preserve an
enjoyable atmosphere and to enforce the policies. The opinions expressed
by team owners and guests are not necessarily those of the Company.
The Company is not responsible for any communications posted by team owners
and guests. Any communication or material that I transmit to
FantasyGemz.com by e-mail or otherwise, will be treated as,
non-confidential and non-proprietary. By posting communication and playing
games on FantasyGemz.com, I automatically grant the Company a perpetual,
irrevocable, non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform and display the communication alone
or as part of other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such rights.
Furthermore, the Company is free to use any ideas, concepts, know-how,
or techniques contained in any communication that I send to FantasyGemz.com
for any purpose whatsoever including, but not limited to, developing,
manufacturing and marketing products using such information.
Privacy
FantasyGemz.com makes every commercially reasonable effort to protect
our members' credit card information. No FantasyGemz.com
representative will ever ask me for my credit card number on-line. If
anybody asks me on-line for my credit card number, I will notify an
administrator immediately. More details of FantasyGemz.com's privacy
policy can be found in "Privacy Policy".
General
The Company reserves the right to amend this User Agreement and its
policies anytime without notice. I agree to abide by this User
Agreement and all FantasyGemz.com policies as long as I remain a
subscriber of FantasyGemz.com. The Company reserves the right to
refuse services to anybody in its own discretion. If any provision of
this User Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this agreement,
which shall remain in full force and effect. No waiver of any term of
this agreement shall be deemed a further or continuing waiver of such
term or any other term. Unless otherwise specified herein, this User
Agreement constitutes the entire agreement between the parties with
respect to the FantasyGemz.com site and it supersedes any and all prior
and contemporaneous communications between the parties, oral or
written, with respect to the FantasyGemz.com site. By my browsing in and
use of FantasyGemz.com, I agree that this User Agreement shall be
interpreted and enforced under the laws of the State of New York without
regard to the conflicts of law principal. I irrevocably consent to the
exclusive jurisdiction of the courts of the State of New York and the
federal courts situated in the State of New York, Queens County.
Notices and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512 (c)(2),
notifications of claimed copyright infringement should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.