FantasySharks.com -- Terms of Use
Last revised: July 27, 2002


PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES. FantasySharks.com ("we," "us") provides the FantasySharks.com, FootballSharks.com and BaseballSharks.com web publications, as well as other products and services (collectively, "FS Products"), subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement and the Terms of Use Agreements for the particular FS Product(s) you use. By using any FS Products, or becoming a member of FantasySharks.com, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use any FS Products.

You must be at least 18 years of age to use any FS Products. If you are not at least 18 years old, please do not access or use any FS Products.

This Agreement is made between FantasySharks.com, Inc. and you, the user of any FS Products ("you"). We reserve the right at any time to:

  • Change the terms and conditions of this Agreement;
  • Change any FS Products, including eliminating or discontinuing any content or feature of any of the FS Products; or
  • Change any fees or charges for use of any FS Products.

Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on our web sites or via electronic mail. Your use of any FS Products after such notice will be deemed acceptance of such changes. Our business changes constantly. These Terms of Use, as well as our Privacy Policy may change also. You should check our web sites frequently to see recent changes.

Legal Disclaimer

You understand that the material provided in FS Products is for informational purposes only.

You understand that any FS Product may contain opinions from time to time and that those opinions may be different from those obtained by using another FS Product (such as news).

You understand that data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made in marketing materials to prior articles and opinions that have been published on our website. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current.  Previously published information and data may not be current and should not be relied upon.

Privacy Policy
Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Code of Conduct
While using any FS Product, you agree not to:

  • Restrict or inhibit any other visitor or member from using any FS Product, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of FantasySharks.com's web sites;
  • Use any FS Product for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, harrassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of FantasySharks.com's web sites;
  • Remove any copyright, trademark, or other proprietary rights notices contained in FantasySharks.com's web sites;
  • "Frame" or "mirror" any part of FantasySharks.com's web sites without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any FS Product or its contents;
  • Harvest or collect information about visitors to or members of FantasySharks.com without their express consent.

While using FS Products you agree to comply with all applicable laws, rules and regulations.

Membership and Subscription

  • Registration
    Currently, we do not require users to become members of FantasySharks.com in order to have access to free commentary, analysis and news, but if you'd like to receive one or more of our free email newsletters, we require you to register here to become a member.  You agree that the information you provide will be accurate and complete and that you will update us if it changes.  If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement.

 

  • Termination
    This Agreement shall remain effective until terminated in accordance with its terms. FantasySharks.com, Inc. may terminate this Agreement, and/or your access to and use of any FS Products, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, to terminate this Agreement without cause.

Other Web Site Features

  • Submissions and Postings
    Please note that, because we occasionally host forums on our web sites and therefore redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), or by posting such Materials to any area of our web sites, you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in any forum on our web sites shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

     

  • Chats
    Chats are intended to serve as a discussion center for members of FantasySharks.com. Information provided in Chats may be provided by our staff, our outside contributors, or by contributors or users not connected with FantasySharks.com, Inc., some of whom may use anonymous screen names. People may post messages or make statements in Chats that are inaccurate, misleading, or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed in Chats by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in messages. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained in Chats.

    The opinions expressed in the Chats are solely the opinions of the participants, and do not reflect the opinions of the FantasySharks.com, Inc. or any of its subsidiaries or affiliates. We have no obligation to monitor Chats, or any other materials that you or other third parties transmit or post on or to our web sites or Chats. However, you acknowledge and agree that we have the right (but not the obligation) to monitor our web sites and the Chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Chat); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate our web sites properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests.

     

  • Services and Tools
    Your use of certain services on our web sites may be governed by additional rules, which are available on our web sites or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between FantasySharks.com, Inc. and the third party is terminated. You expressly acknowledge and agree that your use of all services is solely at your risk.

     

  • Sweepstakes, Contests, and Games
    Any sweepstakes, contests, and games that are accessible through our web sites are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules.

Other Legal Matters

 

  • Claims of Copyright Infringement
    The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by FantasySharks.com, Inc. or one of its subsidiaries infringe your copyright (for example, materials posted to a Message Board), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices should be sent to: notices@FantasySharks.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

     

  • Ownership and Restrictions on Use
    1996-2002 FantasySharks.com, Inc. All rights reserved. Our web sites are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials provided in FS Products, and download and/or print out only one copy of any such materials, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from our web sites in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using any FS Products.

    "FantasySharks.com," the FS Logo, and other marks are trademarks and/or service marks of FantasySharks.com, Inc. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.

     

  • Jurisdictional Issues
    Our products and services are directed solely to individuals residing in the United States. We make no representation that materials provided in FS Products are appropriate or available for use in other locations. Those who choose to access any FS Products from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of FS Products and/or the provision of any service or product described therein to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

     

  • Links to Other Websites
    Our products and services may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

     

  • Disclaimer of Warranties
    OUR PRODUCTS AND SERVICES, THE MATERIALS ON OUR WEB SITES, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH OUR WEB SITES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FantasySharks.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR WEB SITES. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. FantasySharks.com AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF ANY FS PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ALL FS PRODUCTS OR THE SERVER(S) ON WHICH OUR WEB SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF FS PRODUCTS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF FantasySharks.com OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF FS PRODUCTS, THE MATERIALS ON OUR WEB SITES AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITES ARE ENTIRELY AT YOUR OWN RISK.

    A possibility exists that FS Products could include inaccuracies or errors, or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our web sites. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to our the completeness or correctness of any FS Product. In the event that such a situation arises, please contact us at notices@FantasySharks.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.

     

  • Limitation of Liability
    NNEITHER FantasySharks.com, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY FS PRODUCTS AND/OR CONTENT CONTAINED IN ANY FS PRODUCTS, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH OUR WEB SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY FS PRODUCTS IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY FS PRODUCTS.

     

  • Indemnification
    You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any FS Products.

     

  • Miscellaneous
    This Agreement is governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Massachusetts, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all FS policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. We reserve the right to require you to sign a non-electronic version of this Agreement.