We reserve the right to remove or edit content from any Forum at any
time and for any reason.
By uploading materials to any Forum or submitting any materials to us,
you automatically grant (or warrant that the owner of such materials
expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
publicly perform and display, create derivative works from and distribute
such materials or incorporate such materials into any form, medium, or
technology now known or later developed anywhere. In addition, you warrant
that all so-called moral rights in those materials have been waived.
When participating in a Forum, never assume that people are who the
say they are, know what they say they know, or are affiliated with whom
they say they are affiliated with in any chat room, message board, or
other user generated content area. Information obtained in a Forum may
not be reliable. We cannot be responsible for the content or accuracy
of any information, and shall not be responsible for any decisions made
based on such information.
Please keep in mind that whenever you give out personal information
online --- for example, via message boards or chat --- that information
can be collected and used by people you dont know. While Sports Fiends,
Inc. strives to protect your personal information and privacy, we cannot
guarantee the security of any information you disclose online; you make
such disclosures at your own risk.
CONTENT LINKED TO or FROM ANY SPORTS FIENDS,
INC. SITE:
Please exercise discretion while browsing the Internet
using any Sports Fiends, Inc. site. You should be aware that when
you are
on a Sports Fiends, Inc. site, you could be directed
to other sites that are beyond our control. There are links to
other sites from Sports
Fiends, Inc. pages that take you outside of our service.
For example, if you click on a banner advertisement or a search
result, the click
may take you off the Sports Fiends, Inc. site. This
includes links from advertisers, sponsors, and content partners
that may use our logo(s)
as part of a co-branding agreement. These other sites
may send their own cookies to users, collect data, solicit personal
information, or
contain information that you may find inappropriate
or offensive. In addition, advertisers on Sports Fiends, Inc. sites
may send cookies
to users that we do not control.
We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from any
Sports Fiends, Inc. site. We cannot ensure that you will be satisfied
with any products or services that you purchase from a third-party site
that links to or from any Sports Fiends, Inc. site or third-party content
on our sites. We have not taken any steps to confirm the accuracy or
reliability of any of the information contained in such third-party sites
or content. We do not make any representations or warranties as to the
security of any information (including, without limitation, credit card
and other personal information) you might be requested to give any third-party,
and you hereby irrevocably waive any claim against us with respect to
such sites and third-party content. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
We reserve the right to disable links from third-party sites to any
Sports Fiends, Inc. site.
DISCLAIMER:
THE MATERIALS IN THIS SPORTS FIENDS, INC. SITE ARE PROVIDED
AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
ON ANY SPORTS FIENDS, INC. SITE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SPORTS FIENDS, INC. SITE
SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON ANY SPORTS FIENDS, INC. SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
CREDIT CARDS:
Sports Fiends, Inc. takes the issue of your privacy seriously,
including the security of your credit card information. For
more information, please read our Privacy Policy.
SUBSCRIPTIONS/BILLING:
If you open a subscription based account with any of our
sites, you hereby agree to pay all charges to your account, including
applicable taxes, in accordance with billing terms in effect at the
time the charge becomes payable. We reserve the right to change the
amount of, or basis for determining, any fees or charges for services
we provide, and to institute new fees, charges or terms effective upon
prior notice to customers. We reserve the right to terminate any account
at any time for any reason.
Please Note: Your Subscription will be automatically renewed and your
credit card account will be charged each Month for Monthly Subscriptions,
or upon each one (1) year anniversary for Annual Subscriptions, unless
you cancel the subscription prior to the renewal date.
The renewal charge shall be equal to the original signup price, unless
otherwise notified in advance. When you request termination, there is
no refund for any unused portion of the current subscription. You acknowledge
and agree that the authorization to charge your credit card for services
shall automatically transfer to any successors or assigns of Sports Fiends,
Inc. for substantially similar services at the same or similar website.
You may not assign or transfer your subscription to any other person
or entity.
Access to and use of the Subscription service is through a combination
of an ID and a password. You must keep your password strictly confidential.
You may access your account personally from multiple computers, but sharing
of account passwords with other persons is a violation of this agreement
and may result in account termination.
Your right to use the Service is subject to any limits established by
Sports Fiends, Inc. or by Customers credit card issuer. If payment cannot
be charged to your credit card or the charge is returned for any reason,
including chargeback, Sports Fiends, Inc. may suspend or terminate your
access and account, thereby terminating this Agreement and all obligations
of Sports Fiends, Inc. hereunder.
If you have reason to believe that your account
is no longer secure (for example, in the event of a
loss, theft or unauthorized disclosure
or use of your ID, password, or any credit, debit or
charge card number stored on the SportsFiends.com)
you should notify Sports Fiends, Inc.
immediately of the problem to avoid possible liability
for any unauthorized charges to your account.
INDEMNIFICATION:
You are entirely responsible for maintaining the confidentiality
of your password and account and for all activities that occur under
your account. You hereby indemnify, defend and hold us and our affiliates
and our officers, directors, owners, agents, information providers,
affiliates, 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 this
Agreement or claims arising from your account. You shall use your best
efforts to cooperate with us in the defense of any claim. We reserve
the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, ANY SPORTSFIENDS.COM SITE OR MATERIALS OR FUNCTIONS ON ANY
SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SPORTSFIENDS.COM
SITE.
RESTRICTIONS ON USE OF MATERIALS:
All site-specific materials, trademarks, service marks, and
trade names contained in any Sports Fiends, Inc. site are the copyrighted
property of that site, or its subsidiaries or affiliated companies
and/or third party licensors. All other materials, trademarks, service
marks, and trade names are proprietary to Sports Fiends, Inc. or its
affiliates. No material from any Sports Fiends, Inc. site or any Internet
site owned, operated, licensed, or controlled by us or our affiliates
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of
the materials for your personal, non-commercial use only, provided
that (i) you keep intact all copyright and other proprietary notices,
(ii) you make no modifications to the materials, (iii) you do not use
the materials in a manner that suggests an association with any of
our products, services, or brands, and (iv) you do not download quantities
of materials to a database that can be used to avoid future downloads
from any Sports Fiends, Inc. site. For purposes of these terms, the
use of any such material on any other Web site or computer environment
is prohibited.
TERMINATION:
These terms are effective until terminated by either party.
You may terminate these terms at any time by discontinuing use of all
Sports Fiends, Inc. sites and destroying all materials obtained from
any and all such sites and all related documentation and all copies
and installations thereof, whether made under the terms of these terms
or otherwise. Your access to any and all Sports Fiends, Inc. sites
may be terminated immediately without notice from us if in our sole
discretion you fail to comply with any term or provision of these terms.
