PLEASE REVIEW THIS AGREEMENT AND THE TERMS OF SERVICE FOR THE SITE CAREFULLY. YOUR USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS AGREEMENT AND TERMS OF SERVICE HEREOF.
This Agreement was last updated on March 7, 2009.
We may alter and modify this Agreement and these conditions of use from time to time in our absolute discretion without prior notice to you and upon such alteration or modification the Agreement shall automatically be deemed modified without any further action needed by us.
We reserve the right in our absolute discretion to terminate any account, registration or any other relationship you may have with us without notice you. We also reserve the right, without notice to you or any 3rd party, to modify, change or alter any information or content posted, displayed or otherwise shown on the Site by you or by any 3rd party. We also reserve the right, without notice to you or any 3rd party, to modify, change, alter, terminate, discontinue, extinguish, or effective end the Site or our services at any time.
Definitions. For purposes of this Agreement, “you” shall mean the Person accessing or subscribing to this Site and/or the Person using the services of or on this Site and/or the Person benefiting from or utilizing any content related to this Site; provided, however, that if you are accepting on behalf of your employer or business entity or 3rd party, then “you” means that employer or entity or 3rd party and each of their respective affiliates. For purposes of this Agreement, “we” or “our” or “us” means “NovaFantasySports” or the operator of the Site or any of their respective successors or assigns.
No Representations or Warranties. THE SITE AND INFORMATION DISPLAYED ON THE SITE AND ANY AND ALL PRODUCTS AND SERVICES PURCHASED ON THE SITE ARE PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS” AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NOVAFANTASYSPORTS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IS ACCURATE OR WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT NOVAFANTASYSPORTS) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. NOVAFANTASYSPORTS MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, NECESSARY CONSENTS, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR OTHERWISE) NOVAFANTASYSPORTS MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. Limitation of Warranties and Liability IN NO EVENT SHALL NOVAFANTASYSPORTS OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR ANY OF THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, MEMBERS, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY ACTUAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE USE OF THIS SITE OR ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT OR THE SITE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF NOVAFANTASYSPORTS UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO NOVAFANTASYSPORTS UNDER THIS AGREEMENT IN RESPECT OF THE PRODUCT OR SERVICES PURCHASED AND/OR USE OF THE RELEVANT CONTENT OR OTHERWISE. IN NO EVENT WILL NOVAFANTASYSPORTS BE LIABLE FOR ANY COSTS, CLAIMS, DEMANDS, EXPENSES OR DAMAGES ARISING OUT OF OR IN ANY WAY (DIRECTLY OR INDIRECTLY)RELATED TO THE INFORMATION DISPLAYED AND/OR PROVIDED BY US, THE SERVICES RENDERED ON THE SITE AND THE CONTENT AND INTELLECTUAL PROPERTY ON THE SITE , INCLUDING BUT NOT LIMITED TO ANY COSTS, CLAIMS, DEMANDS, EXPENSES OR DAMAGES ARISING OUT OF OR IN ANY WAY (DIRECTLY OR INDIRECTLY)RELATED TO (I) YOU OR ANYONE ACTING UNDER OR ON BEHALF OF YOU WHO GETS, OBTAINS OR OTHERWISE DEVELOPS A VIRUS, MALWARE, ADWARE OR SIMILAR COMPUTER PROGRAM AFFECTING A COMPUTER. (II) THE SITE NOT WORKING, MALFUNCTIONING, CRASHING, “GOING DOWN” OR OTHERWISE NOT BEING ACCESSIBLE TO YOU OR ANY USERS THEREOF; (III) 3RD PARTY CLAIMS OR CLAIMS BY YOU RELATED TO INTELLECTUAL PROPERTY AND/OR INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO CONTENT PUBLISHED, DISPLAYED OR OTHERWISE SHOWN ON THE SITE; (IV) 3RD PARTY CLAIMS OR CLAIMS BY YOU RELATED TO CONTENT PUBLISHED, DISPLAYED OR OTHERWISE SHOWN ON THE SITE WHICH SAID 3RD PARTY WOULD LIKE REMOVED FROM THE SITE; (V) 3RD PARTY CLAIMS OR CLAIMS BY YOU RELATED TO THE BUSINESS TRANSACTION OR THE PRICING OR PAYMENT OF SUCH CONTENT PUBLISHED, DISPLAYED OR OTHERWISE SHOWN ON THE SITE; (VI) 3RD PARTY CLAIMS OR CLAIMS BY YOU RELATED TO SITE CONTENT BEING MODIFIED SUBSEQUENT TO THE PURCHASE OF SUCH CONTENT BY SUCH 3RD PARTY; (VII) 3RD PARTY CLAIMS OR CLAIMS BY YOU RELATED TO THE INABILITY OF YOU OR SUCH 3RD PARTY BEING ABLE TO MODIFY SITE CONTENT PRIOR TO SUCH CONTENT BEING DISPLAYED ON THE SITE; (VIII) YOU OR ANY 3RD PARTY EXPRESSING THE DESIRE TO NOT BE COMMUNICATED TO ANYMORE THROUGH THE SITE; (IX) 3RD PARTY CLAIMS OR CLAIMS MADE BY YOU RELATING TO INAPPROPRIATE CONTENT POSTED ON THE SITE; AND/OR (X) 3RD PARTY CLAIMS OR CLAIMS MADE BY YOU RELATING TO HARASSMENT BY OTHERS ON OR RELATED TO THE SITE;
Notwithstanding anything set forth to the contrary herein or in any applicable statute of limitations or similar statute or laws, we shall have no liability to you or any 3rd party by reason of a breach or default of this Agreement unless you or such 3rd party shall have given to us written notice (“Warranty Notice”) of such breach or default within fifteen (15) days of the date of the alleged breach or default and shall have given to us an opportunity to cure any such breach or default within a reasonable period of time (but in any event not less than ninety (90) days) after your Warranty Notice. All such notices shall be sent and shall only be deemed effective and valid if sent certified mail, return receipt requested to: NovaFantasySports, PO BOX 862, Marlton NJ 08053. In no event shall the aggregate liability of us to you or any 3rd party by reason of a breach or default of this Agreement exceed the aggregate sum of the actual fees paid to us by you for products or services providing on the Site or under this Agreement. The liability of us shall be limited to actual damages and shall not include consequential damages. Any litigation brought against us and/or any joinder of us to any litigation brought against you must be commenced within the earlier of thirty (30) days from the date of the Warranty Notice and if not commenced within such time period, you shall be deemed to have waived your rights to same and your claims for such breach or default.
Personal Data: “Personal Data” is any information that can be used to identify a specific individual, such as, without limitation, your name, email address, home address, phone number and credit card and billing information. This Site collects Personal Data when you interact with the Site for example when you subscribe for newsletters; register for membership services such as chat rooms or message boards; participate in chat rooms, blogs or other user forums; respond to polls or surveys; purchase products, draft kits or other merchandise via the Site; register for sweepstakes, contests and other promotional opportunities such as one of our expert fantasy leagues; or seek help from our customer service departments. We also may collect information when you purchase products or services offline, or register for wireless services, email services or text messages via your cell phone or other wireless devices (collectively,”Other Services”). Because providing detailed information regarding our Agreement when you register or provide information in connection with these Other Services often proves impractical, you may instead be provided with a short notice that reminds you to refer to this Agreement and other relevant information from us. We may also obtain Personal Data from reputable third parties, such as credit agencies.
In addition, we may use a service that collects data remotely by using so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) embedded in the Site’s content. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. This information is Other Data.
Personal Data: We will use your Personal Data for the purposes for which it was provided. For example, if you provide Personal Data to register for a newsletter or a text messaging service, to enter a contest or a sweepstake such as one of our expert fantasy leagues, or to purchase goods or services, we will use it to register you for or provide you with those goods or services. We may also use your Personal Data to provide you with information about features, services and other offerings that may be of interest to you. We also may send information or offers to selected groups of Site users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example if you win a contest) we may post your Personal Data on the Site. We will notify you of this possibility when you provide the Personal Data and, if possible, when the Personal Data is posted. Cookies and similar tools may be used to relate your use of the Site and Other Data to Personal Data obtained from you. If any Other Data is linked with Personal Data, the linked Other Data will then be treated as Personal Data.
Any user of the website that provides their email address to become a registered user of the website will automatically become opted into our email newsletter subscriber base. In each newsletter are instructions for removal from our email newsletter.
Other Data: We may also use Personal Data in aggregate form for purposes of research or analysis. In order to better understand and serve the users of the Site and Other Services, NovaFantasySports often conducts research on its customer demographics, interests and behavior based on Personal Data we gather. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. NovaFantasySports may share this type of Other Data with a variety of third parties, including its affiliates, agents, and current and prospective business partners.
We may use Other Data collected from the Site for site administration, advertising and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes. For example, IP addresses are used for the purposes of system administration and to provide Other Data to advertisers about the volume of use on the Site, and Clickstream Data and demographic Other Data may be shared with our advertisers and business partners. We may also enter into agreements with outside companies that possess technology that allows the Site to customize the advertising and marketing messages you receive on the Site. This data (including Clickstream Data about your activities on our Site) may be shared with these companies for this purpose.
Disclosure to Affiliates. We reserve the right to share Personal Data with our affiliates. If you do not want us to share your Personal Data with our affiliated companies for their marketing purposes, you may opt-out of such sharing by contacting us using our contact us form (see “Your Choices” below).
Disclosure to Third Parties: NovaFantasySports, like many businesses, sometimes hires other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site, maintaining databases, administering contests, providing wireless services, mailing information and processing payments. When we employ a third party to perform these functions, that third party will only be provided with the particular Personal Data it needs to perform its function, and is required to protect the Personal Data. For third-party sponsored sweepstakes, contests or promotions, we may request Personal Data from you that may be shared with the sponsor upon request.
Disclosure to Others: In addition, we may disclose Personal Data without providing you with a choice under the following limited circumstances to: (1) protect the legal rights, privacy or safety of NovaFantasySports, or its subsidiaries, affiliates or its or their employees, agents and contractors; (2) protect the safety and security of visitors to our web sites or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from public authorities; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Terms of Service; or (7) comply with the law or legal process.
If NovaFantasySports sells all or part of this Site or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign your Personal Data to a third party as part of or in connection with that transaction. Upon such transfer, the Agreement of the acquiring entity may govern the further use of your Personal Data.
Please note that this Site contains links to other sites that will not follow the same Agreement as our Site. For instance, clicking on an advertisement or on links or other elements on the Site may take you to an entirely different site. Links to other sites may use our Site logo or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. Once you've left this Site, this Agreement will no longer apply to Personal Data or any other data collected from or provided by you. You should check the applicable Agreement to determine how that site will handle such data.
You can use the Site and certain Other Services without providing any Personal Data, but if you decline to provide Personal Data, you may not be able to use certain services or features. If you have previously provided Personal Data to the Site and have subscribed to one or more email newsletters or are receiving emails or other communications from the Site and you do not want to receive such emails, you may discontinue your subscriptions by contacting us through our contact us form. If you ask that we stop using your Personal Data, we will honor that request. However we will retain records of your Personal Data as needed in order to comply with applicable federal, state, or local law.
If you would like to review, correct or change the Personal Data that you have previously provided us, please follow the appropriate instructions or contact us using our contact us form. We will take reasonable steps to update or correct Personal Data in our possession.
We encourage parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. At various places on the Site or Other Services, we may ask users for their age. By using the Site or Other Services you agree to respond truthfully and accurately about your age. Children under the age of 13 years of age are expressly prohibited from submitting or posting any Personal Data on the Site or Other Services.
Please remember that information posted to message boards, chat rooms, blogs and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings might become public.
NovaFantasySports takes reasonable security precautions to secure the Personal Data that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of NovaFantasySports to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us using our contact us form.
This Agreement shall not apply to any unsolicited information you provide to us on or through this Site or Other Services. All such Unsolicited Information shall be deemed to be non-confidential, and NovaFantasySports shall be free to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. For the purposes of any suit, action or proceeding involving this Agreement, Purchaser and Seller hereby expressly:
submit to the jurisdiction of all federal and state courts sitting in the State of New Jersey;
agree that any order, process, notice of motion or other application to or by any such court or a judge thereof may be served within or without such court’s jurisdiction by registered mail or by personal service, provided that a reasonable time for appearance is allowed;
agree that such courts shall have the exclusive jurisdiction over any such suit, action or proceeding commenced by any party;
agree upon the request of the other party to discontinue (or agree to the discontinuance of) any such suit, action or proceeding pending in any other jurisdiction;
waive any objection to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any federal or state court sitting in the State of New Jersey; and,
waive any claim that any suit, action or proceeding brought in any federal or state court sitting in the State of New Jersey has been brought in an inconvenient forum.
From time to time, we may revise this Agreement to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. If we make revisions to the way we collect or use Personal Data, we may provide notice of those changes by either: (1) announcing the change on the home page of the Site or (2) taking such other action as we deem appropriate under the circumstances, including without limitation, posting the revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to this policy will become effective upon posting of the revised Agreement on the Internet, accessible through the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Agreement, as it may be amended from time to time, in whole or in part, please do not continue using this Site.
If you have any questions about this Agreement, Personal Data gathered by this Site or Other Services, or about the operation of this Site or Other Services, or if you wish to unsubscribe from the Site, please contact us using our contact us page to email us.
You, and if applicable your officers and directors, agree to protect, indemnify, hold harmless and defend (with counsel chosen by NOVAFANTASYSPORTS) NOVAFANTASYSPORTS and its affiliates and its Content providers and each of their respective affiliates, owners, partners, shareholders, members, directors, officers, subcontractors, agents and employees, successors and assigns (collectively, the “NOVAFANTASYSPORTS Parties”) from and against:
any and all claims, liabilities, losses, costs, damages, and/or expenses as incurred (including but not limited to reasonable attorneys' fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any Person or Persons which arises out of, or is occasioned by or is in any way (directly or indirectly) related or attributable to (a) the use of this Site by you or any Person acting on behalf of you; (b) the acts or omissions of you or any Person acting on behalf of you; (c) in connection with any breach and/or default and/or non-compliance by you, or anyone acting on your behalf, of this Agreement and/or of the terms, representations or warranties of this Agreement; and (d) a breach, default, violation and/or noncompliance by you of any applicable Intellectual Property Rights and/or applicable Laws or Consents.
You agree that you shall not be permitted to join us in any action or legal proceeding instituted against you or by you.
No Representations. We have not made, and you are not relying upon, any warranties, or representations, promises or statements made by us or any agent of us, except as expressly set forth herein.
Successors. Except as expressly provided herein, this Agreement and the obligations of you hereunder shall bind and benefit the successors and assigns of you
Survival of Obligations. Any representations, warranties and obligations of you hereunder shall survive this Agreement and the termination of this Agreement, and you shall promptly perform all such obligations whether or not this Agreement has expired and whether or not you are still an active or current user of the Site.
Severability. In the event any provision of this Agreement is found to be unenforceable, the remainder of this Agreement shall not be affected, and any provision found to be invalid shall be enforceable to the extent permitted by Law. You agree that in the event two different interpretations may be given to any provision hereunder, one of which will render the provision unenforceable, and one of which will render the provision enforceable, the interpretation rendering the provision enforceable shall be adopted. Captions. All captions, headings, titles, numerical references and computer highlighting are for convenience only and shall have no effect on the interpretation of this Agreement.
Interpretation. You acknowledge that you have read and reviewed this Agreement and that it has had the opportunity to confer with counsel respecting of this Agreement. Accordingly, this Agreement shall not be construed against us, but shall be given a fair and reasonable interpretation in accordance with the meaning of its terms and the intent of the parties.
Independent Covenants. Each covenant, agreement, obligation or other provision of this Agreement to be performed by you are separate and independent covenants of you, and not dependent on any other provision of the Agreement.
Joint and Several Liability. If you comprise of more than one Person or entity, all such persons shall be jointly and severally liable for the performance of your obligations hereunder.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.