TERMS & CONDITIONS OF SERVICE
Your Agreement with Imagine Sports
Welcome to the Imagine Sports Website,
which is comprised of various web pages operated by Imagine Sports (“Imagine
Sports”). Please read these terms and conditions of use
(the “Terms of Service” or “User Agreement”)
carefully before using the Imagine Sports Website.
By using the Imagine Sports Website, you signify your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of the Imagine Sports Website constitutes your agreement to
all such terms, conditions, and notices.
Changes to These Terms of Service
Imagine Sports reserves the right to
change the terms, conditions, and notices under which the Imagine Sports
Website is offered, including but not limited to the charges associated
with the use of the Imagine Sports Website. You are responsible for
regularly reviewing these terms and conditions.
Personal and Non-Commercial Use
Unless otherwise specified, the Imagine Sports Website
is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any information, software,
products or services obtained from the Imagine Sports Website.
Use of the Imagine Sports website is
limited to individuals who are not employees, consultants, advisers of or affiliated with certain companies.
By accepting this User Agreement, you warrant that you are not an employee, consultant, shareholder or affiliate
of Stats LLC, Whatifsports.com, News Corporation, Strat-O-Matic, or The Sporting News.
Links To Third Party Sites
The Imagine Sports Website contains links
to other Websites (“Linked Sites”). The Linked Sites are not under
the control of Imagine Sports and Imagine Sports is not responsible
for the contents of any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or updates to a Linked
Site. Imagine Sports is not responsible for webcasting or any other
form of transmission received from any Linked Site. Imagine Sports is
providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Imagine Sports of the Linked
Site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Imagine Sports Website,
you warrant to Imagine Sports that you will not use the Imagine Sports Website for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
Imagine Sports makes no representation that the
contents of the Imagine Sports Website are appropriate or legally available for use in any particular location.
Those who access the Imagine Sports Website do so of their own volition and are responsible for compliance with local laws, if any, applicable to that activity.
You may not use the Imagine Sports Website
in any manner which could damage, disable, overburden, or impair the Imagine Sports Website or interfere
with any other party's use and enjoyment of the Imagine Sports Website. You may not access or obtain
or attempt to access or obtain any materials or information from or through the
Imagine Sports Website by any means not intentionally made available or provided for through the Imagine Sports Website.
You represent that you are an adult in your country of residence. You agree to these Terms of Service on behalf of
yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create.
The Imagine Sports Website may contain message boards, chat areas, news groups, forums, communities, personal
web pages, blogs, calendars, and/or other message or communication facilities designed to enable you to
communicate with other users of the website and/or the general public (collectively, “Communication Services”).
You are solely responsible for the content of any communication posted by you to any Communication Service.
You agree to use the Communication Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, bigoted, hateful, racially offensive or unlawful topic, name, material or information.
Encourage or advocate illegal activity or the discussion of illegal activity.
Impersonate any person or entity or misrepresent your identity or association with any person or entity.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services, whether or not for profit, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Engage in such antisocial, disruptive or destructive acts as
“spamming”, “flooding”, “trolling”,
“flaming” and “griefing” as those terms are
commonly understood and used on the internet.
Otherwise violate any applicable laws or regulations.
Imagine Sports has no obligation to monitor the Communication Services. However,
Imagine Sports reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Imagine Sports reserves the
right to terminate your access to any or all of the Communication Services and or the Imagine Sports Website at any time without notice for any reason whatsoever.
Imagine Sports reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Imagine Sports' sole discretion.
Imagine Sports urges that you always use caution when giving out any
personally identifying information about yourself or your children in any Communication Service. Imagine Sports does not control
or endorse the content, messages or information found in any Communication Service and, therefore, Imagine Sports specifically
disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Imagine Sports spokespersons, and their views do not necessarily reflect those of Imagine Sports.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Imagine Sports reserves the right to disqualify any entrant
for suspected cheating or non-adherence to game or league rules or to these Terms of Service. A disqualified entrant’s sole remedy shall be limited to a
refund of money paid to Imagine Sports by the disqualified entrant in connection with playing the specific game in question.
For information on our use of personal
Submissions to Imagine Sports
Imagine Sports does not claim ownership of materials you provide to Imagine Sports
(including feedback and suggestions) or post, upload, input or submit to the Imagine Sports Website
(collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Imagine Sports, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their
internet businesses including, without limitation, the rights to copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission
and to publish your name in connection with your Submission. No compensation will be paid
with respect to any such use of your Submission. Imagine Sports is under no obligation to
post or use any Submission you may provide and may remove any Submission at any time in Imagine Sports' sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or otherwise control all of the rights
to your Submission as described herein including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
Employees of Imagine Sports (and their immediate families)
and its agents, contractors, suppliers, and distributors (and their respective families), are not eligible for prizes in games
which require a fee for participation. Any time an Imagine Sports employee participates in a league or game on the Imagine Sports Website they will be identified. If you choose to remain in the league or
game, you are free to ask the employee questions about any of their actions during the season or game.
Prizes and Publicity
Certain games may offer prizes based on the rules for
each respective game. You must be 18 years or older to participate in games which require a team fee.
Games are subject to all federal, state, and local laws.
ANY PRIZE OFFER IS VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. Entrants agree that in the event the award of
prizes to winners of an Imagine Sports game is challenged by a legal authority,
Imagine Sports has the sole right to determine whether or not to award such prizes and whether or not to refund previous payments made by the entrant.
Prizes are not transferable and may not be substituted. Winners are responsible
for all applicable taxes on prizes received. By participating, you agree that Imagine Sports may use your
name, image, likeness and hometown for publicity and advertising purposes without additional compensation to you, except
where prohibited by law. Organizers and sponsors are not responsible for any damages, loss, injury,
or expenses not specified herein incurred by an entrant as a result of enrolling, playing, or winning.
Governing Law; Venue and Jurisdiction
By visiting or using the Imagine Sports Website,
you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these
Terms of Service and any dispute of any sort that might arise between you and Imagine Sports or any of our affiliates.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or
prosecute any action in connection therewith other than in the state and federal courts in Los Angeles, California, and you hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts in Los Angeles, California.
Informal Negotiations. To expedite resolution
and control the cost of any dispute, controversy or claim related to
this User Agreement ("Dispute"), you and Imagine Sports agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating
any arbitration or court proceeding. Such informal negotiations commence
upon written notice from one person to the other. Imagine Sports will
send its notice to your billing address and email you a copy to the
email address you have provided to us. You will send your notice by
e-mail to Imagine Sports at: firstname.lastname@example.org.
If you and Imagine Sports are unable to resolve a Dispute through informal negotiations,
YOU AND IMAGINE SPORTS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF
THESE TERMS OF SERVICE, AND/OR THE IMAGINE SPORTS WEBSITE (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE) SHALL BE FINAL AND BINDING ARBITRATION,
except that: to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent,
copyright, trademark or trade secret rights, or you have otherwise violated any of the Communication Services rules set forth above,
then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this User Agreement
shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and,
in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules")
(collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall
be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes).
If such costs are determined to be excessive in a consumer dispute, Imagine Sports will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is
deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE IMAGINE SPORTS
WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to
Imagine Sports Website (including your visit to or use of the Website) be instituted more than one (1) year after the cause of action arose.
Imagine Sports shall not be deemed to have waived any breach
of these terms and conditions of use by virtue of not having taken action with respect to any previous breach(es).
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Software Available on the Imagine Sports Website
Software (if any) that is made available
to download from the Imagine Sports Website, excluding software that
may be made available by end-users through a Communication Service,
("Software") is the copyrighted work of Imagine Sports and/or
its suppliers. Your use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). You may not install
or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms. For any Software
not accompanied by a license agreement, Imagine Sports hereby grants
to you, the user, a personal, non-transferable license to use the Software
for viewing and otherwise using the particular Imagine Sports Website
in accordance with these terms and conditions of use, and for no other
purpose, provided that you keep intact all copyright and other proprietary
notices. All Software is owned by Imagine Sports and/or its suppliers
and is protected by copyright laws and international treaty provisions.
Any reproduction or redistribution of the Software is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software,
and any accompanying documentation and/or technical information, is
subject to applicable export control laws and regulations of the USA.
You agree not to export or re-export the Software, directly or indirectly,
to any countries that are subject to USA export restrictions.
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IMAGINE SPORTS WEBSITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. IMAGINE SPORTS AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE IMAGINE SPORTS
WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE IMAGINE SPORTS WEBSITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
IMAGINE SPORTS AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE IMAGINE SPORTS
WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. IMAGINE SPORTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL IMAGINE SPORTS AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IMAGINE
SPORTS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE IMAGINE SPORTS
WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE IMAGINE SPORTS WEBSITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE IMAGINE SPORTS WEBSITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IMAGINE SPORTS
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
IMAGINE SPORTS WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IMAGINE SPORTS
You are entirely responsible for maintaining
the confidentiality of your user name(s), password(s) and account(s),
as well as all activities that occur thereunder. You hereby agree to
indemnify, defend and hold Imagine Sports, its affiliates, suppliers,
licensors and licensees, and their respective officers, directors, employees,
owners, agents, contractors, licensors and licensees (collectively the
“Indemnified Parties”) harmless from and against any and all liabilities
and costs (including reasonable attorneys fees) incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you
of these terms and conditions of use or claims arising from in or in
connection your user name(s), password(s) and account(s). You shall
use your best efforts to cooperate with us in the defense of any such
claims. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
Imagine Sports reserves the right, in
its sole discretion, to terminate your access to the Imagine Sports
Website and the related services or any portion thereof at any time,
Except as otherwise provided herein,
Imagine Sports does not provide refunds for purchases.
All purchases are final.
If you decide for any reason that you are unhappy with your first Imagine
Sports purchase within 30 days of your purchase,
then we will promptly provide you with a refund of
the amount received by Imagine Sports. This policy applies only
to first-time purchasers who notify us in writing
within 30 days of their first purchase. No refunds
for any other purchases will be made.
Patent, Copyright And Trademark
The Imagine Sports Website contains materials
that are protected by national and international copyright and trademark
laws. None of the materials (including but not limited to the text,
images, audio and/or video) and none of the software (including but
not limited to any images or files incorporated in or generated by the
software or data accompanying such software) (the "Materials")
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way or decompiled, reverse engineered or disassembled.
Use or distribution of the Materials without the express written consent
of Imagine Sports is strictly prohibited.
All contents of the Imagine Sports Website are: Copyright ©2005-2016 Imagine Sports and/or its suppliers.
All rights reserved. Any rights not expressly granted herein are reserved. Technology used by Imagine Sports is patent pending.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING USER AGREEMENT AND AGREE THAT MY USE OF THE IMAGINE SPORTS WEBSITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THIS USER AGREEMENT.