Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Office Football Pool.com ("OFP"), owned and operated by OFP Hosting, Inc. OFP 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.officefootballpool.com/tos.cfm. In addition, when using particular OFP services, you and OFP shall be subject to any posted guidelines or rules applicable to such services which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into the TOS.
In order to participate in the service, you must be thirteen (13) years of age or older at the time of registration.
3. DESCRIPTION OF SERVICE
OFP provides users with a powerful, easy to use, customizable application for hosting private games including fantasy football, basketball, golf, baseball, racing and other pools and prediction games.
OFP provides team statistics and matchups, game scores, expert analysis and other useful information pertaining to fantasy sports and all of this information is for entertainment only and should be considered to be unofficial. While OFP will use reasonable efforts to include accurate and timely information, OFP will not warrant or make any respresentations of any kind with respect to the information provided to you. OFP shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website service, and shall not be responsible or liable for any error or omissions in that information.
OFP will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to OFP from all or part of the internet. OFP will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. OFP will not accept responsibility for any consequences resulting from disruptions in service.
OFP will make every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the internet, and every reasonable effort to ensure these programs are free of defects. OFP will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any users.
4. ENTERTAINMENT AND MARKETING ONLY
OFP is strictly for entertainment or marketing purposes only and may not be used in connection with any form of gambling or wagering or the promotion of gambling or wagering. If you know (or have reason to suspect) that the service is being used for purposes of gambling or any other unlawful activity, you must notify OFP immediately via email@example.com. OFP may pursue legal remedies against such persons.
5. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the service any materials which: (a) Restrict or inhibit any other user from using and enjoying the service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) 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; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact. You represent, warrant and covenant that you will comply with these Terms of Service in connection with your use of the OFP service.
6. RESERVATION OF RIGHTS
OFP expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any OFP service for any reason, including, but not limited to, OFP believes: you have used the service for gambling purposes; you have violated or tried to violate the rights of others; or believes that you have acted inconsistently with the spirit or letter of the TOS. OFP has the right to modify or discontinue service, including terminating any games you have organized or are participating in, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that OFP will not be liable to you or to any third party for any modifications or discontinuance of service, including the termination of any games you organized or are participating in.
7. LICENSE TO USE SOFTWARE
Users have a limited license to access and use the software that comprises the service. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the OFP service functions. No rights of any kind in any of OFP's software, programs or other property shall accrue to any user.
9. YOUR REGISTRATION OBLIGATIONS
To register on OFP you need to enter an email address, log in name and password, and you need to agree to these Terms Of Service. Since we use your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the My Account page. If you use an invalid email address, you may find it difficult to retreive your password and get customer service.
10. LOG IN NAME, PASSWORD AND SECURITY
You will create a log in name and password when registering with OFP. The log in name you pick will be unique to the website and no other user will have the same log in name. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and email accounts. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify OFP of any unauthorized use of your account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. OFP cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
12. APPLICABLE LAW/JURISDICTION
13. INVALIDITY OF SPECIFIC TERMS
If any provision of this TOS or any document incorporated by reference 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 such documents remain in full force and effect.
14. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR OFP 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 OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Notwithstanding the foregoing, OFP 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 OFP herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without OFP's prior written approval.
16. REPORT VIOLATIONS
If you witness any user activity in the service that violates these Terms of Service, please notify us of the activity via firstname.lastname@example.org. OFP cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service an enjoyable experience for all users.