1. ACCEPTANCE OF TERMS
Welcome to Fantasy Insights. Fantasy
Insights provides its service to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time at: http://www.fantasyinsights.com/tos.html.
In addition, when using particular Fantasy Insights services, you and Fantasy
Insights shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Fantasy Insights currently
provides users with access to a rich collection of navigation and directory
resources, and personalized content through the site (the "Service").
You also understand and agree that the Service may include advertisements and
that these advertisements are necessary for Fantasy Insights to provide the Service.
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new Fantasy Insights services,
shall be subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that Fantasy Insights assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
You are responsible for
obtaining access to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Please be aware that Fantasy
Insights has created certain areas on the Service that contain adult or mature
content. You must be at least 18 years of age to access and view such areas. Fantasy
Insights has the right to limit your access to certain areas if Fantasy
Insights is aware or suspects you are not at least 18 years of age.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration of your use
of the Service, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Fantasy Insights has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Fantasy
Insights has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof). Fantasy
Insights is concerned about the safety and privacy of all its users,
particularly children. For this reason, Fantasy Insights does not allow the
creation of accounts by children under the age of 13. If you are the parent or
guardian of a child of any age, it is your responsibility to determine whether
any of the Services and/or Content (as defined in this TOS) are appropriate for
your child.
4. FANTASY INSIGHTS PRIVACY
POLICY
Registration Data and certain
other information about you is subject to our Privacy Policy. For more
information, see our full privacy policy at http://www.fantasyinsights.com/privacy.html.
5. MEMBER ACCOUNT, PASSWORD
AND SECURITY
You will define or receive a
password and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify Fantasy
Insights of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end
of each session. Fantasy Insights cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all
information, data, text or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not Fantasy
Insights, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Fantasy Insights
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Fantasy Insights be
liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the
Service to:
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a.
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upload, post, email,
transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
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b.
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harm minors in any way;
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c.
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impersonate any person or
entity, including, but not limited to, a Fantasy Insights official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
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d.
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forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
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e.
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upload, post, email,
transmit or otherwise make available any Content that you do not have a right
to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
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f.
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upload, post, email,
transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
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g.
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upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, or any other form of solicitation, except
in those areas (such as Ring Promotions) that are designated for such
purpose;
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h.
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upload, post, email,
transmit or otherwise make available 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 or hardware or
telecommunications equipment;
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j.
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interfere with or disrupt
the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to
the Service;
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k.
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intentionally or
unintentionally violate any applicable local, state, national or
international law.
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l.
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"stalk" or
otherwise harass another; or
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m.
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collect or store personal
data about other users.
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n.
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provide links to or promote
competing ring services without prior permission.
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You acknowledge that Fantasy
Insights does not pre-screen Content, but that Fantasy Insights and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Fantasy Insights and its designees shall have
the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Fantasy Insights or submitted
to Fantasy Insights, including without limitation information in Fantasy Insights
Message Boards, Ring Community Centers, and in all other parts of the Service.
You acknowledge and agree
that Fantasy Insights may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of Fantasy
Insights, its users and the public.
You understand that the
technical processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature
of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE
AVAILABLE FOR INCLUSION ON THE SERVICE
Fantasy Insights does not
claim ownership of Content you submit or make available for inclusion on the
Service. However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service, you grant Fantasy
Insights the following world-wide, royalty free and non-exclusive license(s),
as applicable:
With respect to Content you
submit or make available for inclusion on publicly accessible areas of Fantasy
Insights, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific Fantasy Insights Ring to which
such Content was submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the Service and will
terminate at the time you remove or Fantasy Insights removes such Content from
the Service.
"Publicly
accessible" areas of the Service are those areas of Fantasy Insights that
are intended by Fantasy Insights to be available to the general public.
9. INDEMNITY
You agree to indemnify and
hold Fantasy Insights, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the Service without
the express written permission of Fantasy Insights.
11. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that Fantasy
Insights may establish general practices and limits concerning use of the
Service, including without limitation the maximum number of days that message
board postings or other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space that will
be allotted on Fantasy Insights's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that Fantasy Insights has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that Fantasy Insights reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Fantasy Insights reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
Fantasy Insights reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You
agree that Fantasy Insights shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Fantasy
Insights, in its sole discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation, for lack of use or
if Fantasy Insights believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. In the special situation where
termination affects Ring Management, Fantasy Insights has the right to take
over management of Ring(s) found to violate the TOS in letter or spirit. Fantasy
Insights may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that Fantasy
Insights may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or the Service. Further, you agree that Fantasy Insights shall not be
liable to you or any third-party for any termination of your access to the
Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that Fantasy Insights shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or
third parties may provide, links to other World Wide Web sites or resources.
Because Fantasy Insights has no control over such sites and resources, you
acknowledge and agree that Fantasy Insights is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Fantasy Insights shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. Fantasy Insights's
PROPRIETARY RIGHTS
You acknowledge and agree
that the Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by Fantasy Insights or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
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a.
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YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. Fantasy Insights EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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b.
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Fantasy Insights MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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c.
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ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
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d.
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NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fantasy Insights OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT Fantasy Insights SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Fantasy Insights HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made
via either email or regular mail. The Service may also provide notices of
changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
21. TRADEMARK INFORMATION
Fantasy Insights, the Fantasy
Insights logo, and other Fantasy Insights logos and product and service names
are trademarks of Fantasy Insights Inc. (the "Fantasy Insights
Marks"). Without Fantasy Insights's prior permission, you agree not to
display or use in any manner, the Fantasy Insights Marks.
22. COPYRIGHTS and COPYRIGHT
AGENTS
Fantasy Insights respects the
intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide Fantasy Insights's Copyright Agent the following
information:
- an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
- a description of the
copyrighted work or other intellectual property that you claim has been
infringed;
- a description of where the
material that you claim is infringing is located on the site;
- your address, telephone
number, and email address;
- a statement by you that you
have a good faith belief that the disputed use 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 or intellectual property owner or
authorized to act on the copyright or intellectual property owner's
behalf.
Fantasy Insights's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By
email: wembasterfi@fantasyinsights.com
23. GENERAL INFORMATION
The TOS constitute the entire
agreement between you and Fantasy Insights and govern your use of the Service,
superceding any prior agreements between you and Fantasy Insights. You also may
be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOS and
the relationship between you and Fantasy Insights shall be governed by the laws
of the State of Oregon without regard to its conflict of law provisions. You
and Fantasy Insights agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Jackson, Oregon. The failure of Fantasy
Insights to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS
are for convenience only and have no legal or contractual effect.
24. VIOLATIONS
Please report any violations
of the TOS to our Support group.
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