|
TERMS OF USE
Welcome to the Web site operated by Atlas Fantasy Sports (“MFS”).
This Web site (the “Atlas Site” or the “Site”) provides services to registered
Atlas users in the
United
States
and also provides general information about Atlas Fantasy Sports.
All users of the Site are subject to the following terms and conditions of use (these
“Terms of Use”).
Please read these Terms of Use carefully before accessing or using any part of this
Site.
By accessing or using this Site, you agree that you have read, understand and agree
to be bound by these Terms of Use, as amended from time to time, as well as the
Atlas Privacy Policy, which is hereby incorporated into
these Terms of Use. If you
do not wish to agree to these Terms of Use, do not access or use any part of this
Site.
Atlas Fantasy Sports may revise and update these Terms of Use at any time by posting
the amended terms to this Site. Your
continued use of the Site means that you accept and agree to the revised Terms of
Use.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Site (including all information, software, text, displays,
images and audio) and the design, selection and arrangement thereof, are proprietary
to Atlas or its licensors and are protected by
United
States
and international laws regarding copyrights, trademarks, trade secrets and other
proprietary rights. You are authorized
only to use the content on the Atlas Site for personal use.
Neither the title nor any intellectual property rights to any information
or material in this Site are transferred to you, but remain with Atlas or the applicable
owner of such content. Except as expressly
authorized by Atlas in writing, you may not reproduce, sell or exploit for any commercial
purposes (a) any part of this Site, (b) access to this Site or (c) use of this Site
or of any services or materials available through this Site.
You may copy a reasonable number of pages of the Atlas Site for your personal
use; provided in each case that you do not alter or remove any copyright or other
proprietary notices included in such materials.
TRADEMARKS
The term “Atlas Fantasy Sports” is a trademark and any Atlas logo and all related
product and service names, designs and slogans are Atlas trademarks.
You may not use such marks without MFS’ prior written permission.
All other names, brands and marks are used for identification purposes only
and may be trademarks or registered trademarks of their respective owners.
NONAFFILIATION
Atlas is not affiliated with the National Football League®,
its franchisees or subsidiaries, or any other professional or amateur sports organization.
USE OF THE Atlas SITE
The services provided through the Atlas Site are solely for the entertainment of its
users. You agree to use the Atlas Site
only for lawful purposes.
(a)
Specifically you agree not to do any of the following:
(1) use the Atlas Site for any form of gambling; (2) upload to or transmit
on the Atlas Site any defamatory, indecent, obscene, harassing, violent or otherwise
objectionable material, or any material that is, or may be, protected by copyright,
without permission from the copyright owner; (3) use the Atlas Site to violate
the legal rights (including the rights of publicity and privacy) of others or to
violate the laws of any jurisdiction; (4) intercept or attempt to intercept
electronic mail not intended for you; (5) misrepresent an affiliation with
any person or organization; (6) upload to or transmit on the Atlas Site any advertisements
or solicitations of business; (7) restrict or inhibit use of the Atlas Site by
others; (8) upload or otherwise transmit files that contain a virus or corrupted
data; (9) collect information about others (including e-mail addresses) without
their consent; (10) download a file or software or include in a message any
software, files or links that you know, or have reason to believe, cannot be distributed
legally over the Atlas Site or that you have a contractual obligation to keep confidential
(notwithstanding its availability on the Atlas Site); (11) post “spam,” transmit
chain letters or engage in other similar activities; or (12) engage in any
other conduct that restricts or inhibits anyone’s use or enjoyment of the Atlas Site,
or which, as determined by MFS, may harm Atlas or users of the Atlas Site or expose
them to liability.
(b)
Any content and/or opinions uploaded, expressed or submitted to a message board,
chatroom or any other publicly available section of the Atlas Site (including password-protected
areas), and all articles and responses to questions, other than the content provided
by MFS, are solely the opinions and responsibility of the person or entity submitting
them and do not necessarily reflect the opinions of MFS.
You understand and acknowledge that you are responsible for whatever content
you submit, and you, not MFS, have full responsibility for such content, including
its legality, reliability and appropriateness.
By uploading or otherwise transmitting material to any area of the Atlas Site,
you warrant that the material is your own or is in the public domain or otherwise
free of proprietary or other restrictions and that you have the right to post it
to the Atlas Site. You grant to Atlas the
right to use all content you upload or otherwise transmit to the Atlas Site in any
manner Atlas chooses, including, but not limited, to copying, displaying, performing
or publishing it in any format whatsoever, modifying it, incorporating it into other
material or making a derivative work based on it.
(c)
Atlas reserves the right, but does not assume any responsibility, to (1) remove
any material posted on the Atlas Site which MFS, in its sole discretion, deems inconsistent
with the foregoing commitments, including any material Atlas has been notified, or
has reason to believe, constitutes a copyright infringement; and (2) terminate
any user’s access to all or part of the Atlas Site.
However, Atlas can neither review all material before it is posted on the MFS
Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Atlas assumes no liability
for any action or inaction regarding transmissions, communications or content provided
by third parties. Atlas reserves the right to take any action it deems necessary to
protect the personal safety of users of this Site and the public; however, Atlas has
no liability or responsibility to anyone for performance or nonperformance of the
activities described in this paragraph.
(d) Your
failure to comply with the provisions of (a) or (b) above may result in the termination
of your access to the Atlas Site and may expose you to civil and/or criminal liability.
DEALINGS WITH MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions
with any merchant found on or through this Site, you acknowledge and agree that
Atlas is not a party to, and will not be responsible for, your interaction with such
merchant, including its treatment of your information and the terms and conditions
applicable to any transaction between you and the merchant.
The terms of your interaction with any merchant are solely between you and
such merchant. You agree that Atlas will
have no responsibility or liability for any loss or damage of any kind that you
may suffer as the result of any such interaction or the presence of such merchants
on this Site.
LIABILITY OF Atlas AND ITS LICENSORS
Atlas does not assume any liability for the materials, information and opinions provided
on, or available through, the Atlas Site (the “Site Content”).
Reliance on the Site Content is solely at your own risk.
Atlas disclaims any liability for injury or damages resulting from the use
of any Site Content.
THE Atlas SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE
THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL
FAULTS. NEITHER Atlas NOR ANY PERSON
ASSOCIATED WITH Atlas MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY,
ACCURACY OR AVAILABILITY OF THE Atlas SITE.
SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER Atlas NOR ANYONE ASSOCIATED
WITH Atlas WARRANTS OR REPRESENTS THAT THE Atlas SITE, THE SITE CONTENT OR THE SERVICES
PROVIDED ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED;
THAT DEFECTS WILL BE CORRECTED; THAT THE Atlas SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE Atlas SITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS. MFS
ASSUMES NO RESPONSIBILITY FOR END USE APPLICATIONS OF ITS PRODUCTS AND SERVICES
AND NO PERFORMANCE WARRANTY IS EXPRESSED OR IMPLIED.
Atlas DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL Atlas OR ITS LICENSORS
OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE Atlas SITE, THE
SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE,
INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING
FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS,
OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE Atlas SITE OR THE SITE CONTENT,
WHETHER OR NOT THERE IS NEGLIGENCE BY Atlas AND WHETHER OR NOT Atlas HAS BEEN ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless Atlas and its officers, directors, employees,
agents, affiliates, third-party information providers, licensors and others involved
in the Atlas Site or the delivery of products, services or information over the MFS
Site, from and against any and all liabilities, expenses, damages and costs, including
reasonable attorney’s fees, arising from any violation by you of this Agreement,
any form of gambling arising out of or based on your use of the Atlas Site or any
other use by you of the Atlas Site or any products, services or information obtained
from this Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
MFS’s use of your personal information and your responsibilities in connection with
protecting your privacy are described in our
Privacy Policy and is incorporated by reference
into these Terms of Use.
COMMENTS AND SUBMISSIONS
Atlas welcomes your comments. All comments,
suggestions or other information sent by you to this Site for internal use by MFS
or its advertisers or business partners or in response to solicitations on this
Site, will become MFS’s property, and you agree that all intellectual property rights
therein are transferred to MFS. You
understand that any postings to publicly available portions of the Atlas Site are
non-confidential for all purposes.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The Atlas Site may contain links to other Web sites on the Internet.
Atlas is not responsible for and does not endorse the content, products or
services of any third-party Web sites, including, without limitation, sites framed
within the Atlas Site or third-party advertisements, and does not make any representations
regarding their quality, content or accuracy.
Your use of third-party Web sites is at your own risk and subject to the
terms and conditions of use for such sites.
Further, a reference on the Site to any products, services, processes, hypertext
links to third-parties or other information by trademark, trade name, manufacturer,
supplier or otherwise does not necessarily constitute or imply MFS’s endorsement,
sponsorship or recommendation. Product
and service information are solely the responsibility of each individual vendor
and Atlas does not make any representations regarding the quality, content or accuracy
of such information or provide any warranties as to such vendors’ products, trademarks,
trade names or trade dress.
COMPLIANCE
The owner of this Site is based in the State of
Illinois
,
USA
. Atlas makes no representation that materials in this Site are appropriate or available
for use in other locations. If you
access this Site from other locations, you are responsible for complying with local
laws.
CONTACT
Please contact us at webmaster@atlasfantasysports.com
if you become aware of any content that may infringe the copyright of a third
party or that you believe to be in violation of these Terms of Use.
MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance
with the laws of the State of
Illinois
,
USA
, without regard to its conflicts of law principles.
These Terms of Use, as they may be amended from time to time, completely
and exclusively state the agreement between you and Atlas with respect to the MFS
Site, and no other terms that may have been communicated to you orally or in any
other manner shall have any force or effect.
Any cause of action you may have with respect to the Atlas Site must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause
of action is barred. Exclusive jurisdiction
over any cause of action arising out of these Terms of Use or your use of the MFS
Site shall be in the state or federal courts located in or near Chicago, Illinois. You agree to submit to the jurisdiction
of such courts.
If any part of these Terms of Use is unenforceable, the unenforceable part shall
be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms
of Use shall remain in full force and effect.
MFS’s failure to insist upon or enforce strict performance of any provision of these
Terms of Use shall not constitute a waiver of the provision.
Neither a course of dealing or conduct between you and Atlas
|