(a) “RSO Web Site” means the RealitySportsOnline.com web site located at the domain “www.realitysportsonline.com” or other domains as determined in the sole and exclusive discretion of RSO.
(b) “RSO Content” shall mean any and all proprietary images, technology, applications, artwork, copy, information, trademarks, service marks, data, or knowledge or other materials made available to you as part of the 2016 RSO Fantasy Platform.
(c) “Registered User” means a person who has successfully completed the registration form and has obtained a User Identification (“ID”) and associated password (“Password”) on the RSO Web Site.
2. Term, Termination and Survival.
This RSOTOU is effective as of the Effective Date and shall remain in full force and effect for the period the 2016 RSO Fantasy Platform is available on the RSO Web Site, unless earlier terminated as provided herein (the “Term”). For the avoidance of doubt, RSO reserves the right to terminate at any time a users 2016 RSO Fantasy Platform account or league if RSO deems the Registered User to be in violation of this RSOTOU. Sections 7 through 12 of this RSOTOU and other provisions that are set to survive the Term herein shall survive the termination of this RSOTOU.
In order to participate in the 2016 RSO Fantasy Platform, you must be a Registered User and thirteen (13) years of age or older at the time of registration for the 2016 RSO Fantasy Platform.
4. 2016 RSO Fantasy Platform.
(a) Sign Up for the 2016 RSO Fantasy Platform. Your registration/hosting fee for the 2016 RSO Fantasy Platform gives you access to the features of the 2016 RSO Fantasy Platform from the time you register through the remainder of the Term. The PayPal account or credit card that you provide as part of your registration data will be billed for the 2016 RSO Fantasy Platform. You acknowledge and agree that you are solely responsible for providing accurate and up to date credit card or PayPal account information in connection with your registration for the 2016 RSO Fantasy Platform and your failure to provide accurate and up to date information which permits us to bill your credit card or charge your PayPal account will result in denial of your use of the 2016 RSO Fantasy Platform. All currency references are in U.S. dollars. Please note that your payment for the 2016 RSO Fantasy Platform, except as otherwise provided for herein, is non-refundable, and you may not cancel your 2016 RSO Fantasy Platform before the end of the Term.
(b) Refund Policy. It is RSO’s intention to provide an optimal fantasy sports league management service, and we want to earn your business and keep it. If for any reason you are unsatisfied with your 2016 RSO Fantasy Platform, RSO will refund the fee paid for the 2016 RSO Fantasy Platform, subject to the following conditions: (i) you request a refund any time by no later than 11:59 p.m. Eastern Standard Time on Monday, October 3, 2016; (ii) you and your league are in compliance with this RSOTOU; (iii) your refund will be credited to your credit card or PayPal account used to pay for your registration fee; (iv) your refund will be processed as soon as the refund is authenticated by RSO, and when it is processed, your league access will be discontinued and will no longer be accessible to you. To request a refund, please contact us at firstname.lastname@example.org and mention the word “Refund” in the title of your email.
(c) No Internet Connection Equipment Provided. RSO shall not be obligated to, and you acknowledge that RSO will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You shall be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can access the 2016 RSO Fantasy Platform and the RSO Content.
(d) Revision of the 2016 RSO Fantasy Platform. RSO may modify, suspend or discontinue any aspect of the 2016 RSO Fantasy Platform at any time, including, without limitation, the availability of any RSO Content. RSO may also impose limits on certain features and services or restrict your access to parts or all of the 2016 RSO Fantasy Platform and/or the RSO Content without notice or liability of any kind.
(e) No Resale of the 2016 RSO Fantasy Platform. You agree that this RSOTOU is personal to you and that you may not resell, lease, license, assign, redistribute or otherwise transfer any portion of the 2016 RSO Fantasy Platform, including, without limitation, the RSO Content.
(f) Accuracy of RSO Content. The RSO Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Multiple third parties provide some of the RSO Content. You should be aware that the RSO Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the RSO Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any RSO Content and will not be liable for any lack of the foregoing.
(g) No Warranty of Lawfulness of the 2016 RSO Fantasy Platform. RSO does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2016 RSO Fantasy Platform, including, without limitation, the RSO Content, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the 2016 RSO Fantasy Platform, including, without limitation, the RSO Content.
(h) Entertainment Purposes Only. The 2016 RSO Fantasy Platform is for entertainment purposes only and may not be used in connection with any form of illegal gambling or wagering.
(j) Statistics Corrections. Following the completion of each week’s games, all statistics and point totals are verified, and corrections are made where necessary. However, all statistics and point totals for the week are considered FINAL as of 1:00 AM ET on Tuesday following the Monday Night Football game of that week. If a stat correction is announced for the previous weekend’s games after 1:00 AM ET on Tuesday, the statistic will not be included in our statistics and your official Fantasy scoring will be based on the original statistic. It is up to the Registered Users in a league to make any adjustments to their scoring manually based on the change in the statistic. RSO will not be responsible for making such change.
(k) Suspension and/or Termination of Your 2016 RSO Fantasy Platform Account. RSO expressly reserves the right to immediately modify, suspend or terminate your 2016 RSO Fantasy Platform account without refund and refuse current or future use of the 2016 RSO Fantasy Platform, if RSO, in its sole and exclusive discretion believes that you have acted inconsistently with the spirit or letter of this RSOTOU.
(l) Suspension and/or Termination of the 2016 RSO Fantasy Platform. The 2016 RSO Fantasy Platform and its related benefits are offered at the discretion of RSO and RSO has the right to modify or discontinue, temporarily or permanently, the 2016 RSO Fantasy Platform, in whole or in part for any reason, with or without notice to you. You agree that RSO will not be liable to you or to any third party for any modifications or discontinuance of the 2016 RSO Fantasy Platform.
5. License and Proprietary Rights.
(a) 2016 RSO Fantasy Platform License. During the Term, RSO hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view and use the 2016 RSO Fantasy Platform, including the RSO Content (where applicable, in executable, object code form only). Nothing herein shall be interpreted to mean, and RSO does not grant you any right or license in any RSO materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.
(b) No Sublicense. Nothing herein shall be interpreted to mean, and RSO does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the 2016 RSO Fantasy Platform, including, without limitation, the RSO Content.
(c) Copyright Notices. The 2016 RSO Fantasy Platform, including without limitation, the RSO Content, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by RSO. You will abide by any and all additional copyright notices, information, or restrictions contained in the 2016 RSO Fantasy Platform, including, without limitation, the RSO Content or as RSO otherwise may impose from time to time.
(d) No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, the 2016 RSO Fantasy Platform, including, without limitation, the RSO Content.
(e) No Contest of Rights. You acknowledge and agree that both during and after the Term, you shall not directly or indirectly contest or aid in contesting the validity or ownership of the 2016 RSO Fantasy Platform, including without limitation, the RSO Content or take any action whatsoever in derogation of RSO’s rights therein or in breach of any terms and conditions contained in this RSOTOU.
(f) Reservation of Rights. Any and all rights to use the 2016 RSO Fantasy Platform, including, without limitation, any RSO Content not expressly granted to you under this RSOTOU are hereby reserved for RSO. Nothing contained in this RSOTOU shall affect, impair, or limit in any way RSO‘s rights to exploit fully the 2016 RSO Fantasy Platform, including, without limitation, any RSO Content.
(g) Proprietary Rights. You acknowledge and agree that RSO owns and shall retain all rights, title and interest in and to the 2016 RSO Fantasy Platform, including, without limitation, the RSO Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.
(h) No License to RSO Trademarks. Nothing herein shall be interpreted to mean, and RSO does not grant you any right or license in any RSO trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with RSO.
6. Representations and Warranties.
You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the 2016 RSO Fantasy Platform any materials which: (i) Restrict or inhibit any other user from using and enjoying the 2016 RSO Fantasy Platform; (ii) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (iv) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (v) Contain a virus or other harmful or potentially harmful component; (vi) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (vii) Constitute or contain false or misleading indications of origin or statements of fact.
7. Disclaimer of Warranties.
THE 2016 RSO FANTASY PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL RSO CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE RSO SERVICE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RSO MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE 2016 RSO FANTASY PLATFORM; (B) THE RSO CONTENT MADE AVAILABLE TO YOU THROUGH THE 2016 RSO FANTASY PLATFORM; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2016 RSO FANTASY PLATFORM; (D) THE ABILITY OF THE 2016 RSO FANTASY PLATFORM TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2016 RSO FANTASY PLATFORM. RSO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2016 RSO FANTASY PLATFORM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2016 RSO FANTASY PLATFORM OR THE SERVERS THAT MAKE THE 2016 RSO FANTASY PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RSO DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2016 RSO FANTASY PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 2016 RSO FANTASY PLATFORM, INCLUDING, WITHOUT LIMITATION, THE RSO CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE 2016 RSO FANTASY PLATFORM, INCLUDING, WITHOUT LIMITATION, THE RSO CONTENT. FURTHER, RSO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
RSO SHALL NOT BE LIABLE FOR THE USE OF THE 2016 RSO FANTASY PLATFORM INCLUDING, WITHOUT LIMITATION, THE RSO CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS RSOTOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL RSO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE 2016 RSO FANTASY PLATFORM, EVEN IF FORESEEABLE OR RSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RSO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE 2016 RSO FANTASY PLATFORM.
You agree to defend, indemnify and hold harmless RSO with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this RSOTOU, including, without limitation, your use of the 2016 RSO Fantasy Platform, including, without limitation, the RSO Content. Notwithstanding the foregoing, RSO retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against RSO herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without RSO’s prior written approval.
You waive all rights to trial in any action or proceeding instituted in connection with these RSOTOU and/or the 2016 RSO Fantasy Platform. Any controversy or claim arising out of or relating to these RSOTOU and/or the 2016 RSO Fantasy Platform shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Commonwealth of Pennsylvania.
11. Governing Law and Jurisdiction.
THIS RSOTOU AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these RSOTOU and/or in connection with the entering of any judgment on an arbitration award in connection with these RSOTOU and/or the 2016 RSO Fantasy Platform, you irrevocably submit and consent to the exclusive and personal jurisdiction of the courts located in the Commonwealth of Pennsylvania.
This RSOTOU contains the sole and entire agreement between the parties with respect to the use of the 2016 RSO Fantasy Platform and supersedes any and all other prior written or oral agreements between them. Captions contained in this RSOTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this RSOTOU or the intent of any provision of this RSOTOU. It is the intent of the Parties that neither this RSOTOU, nor any covenant in this RSOTOU, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this RSOTOU. If any provision of this RSOTOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this RSOTOU.
13. Report Violations
If you witness any user activity in the 2016 RSO Fantasy Platform that violates this RSOTOU, please notify us of the activity via email at email@example.com. RSO cannot guarantee that any action will be taken as a result of your e-mail, but we appreciate your help in making the 2016 RSO Fantasy Platform an enjoyable experience for everyone.