Fantasy Congress - Terms of Service

FantasyCongress.com Terms of Service

Welcome to FantasyCongress.com ("FantasyCongress"), owned and operated by FantasyCongress LLC ("FC"). FC offers the FantasyCongress service to you subject to these Terms of Service ("TOS"). We reserve the right to make additions, revisions, and modifications to these terms at any time, but will notify you of changes and keep an archive of our previous terms of service. It is therefore important for you to periodically refer to http://www.fantasycongress.com/public/TermsOfService.jsp for the most current version of our TOS. ANY PARTICIPATION IN FANTASYCONGRESS WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE TOS (BELOW), PLEASE DO NOT PARTICIPATE IN FANTASYCONGRESS.

DESCRIPTION OF SERVICE

FC offers a web-based league management system for you to use in order to manage a fantasy franchise made up of sitting U.S. Representatives and U.S. Senators on the World Wide Web of the Internet at http://www.fantasycongress.com (the "Site", "FantasyCongress"). In addition to the core features offered by FC, this Service may include information and features from third-party partners of Fantasy Congress. You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.

ACCURACY OF INFORMATION

ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH FANTASY CONGRESS ARE UNOFFICIAL. FantasyCongress and its components are offered for informational, educational, and/or entertainment purposes only. While FC and the third parties try to use reasonable efforts to include accurate and up-to-date information, FC does not warrant or make any representations of any kind with respect to the information provided to you through FantasyCongress. FC shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via FantasyCongress, and shall not be responsible or liable for any error or omissions in that information. FC will try to make a good-faith effort to correct or change any inaccurate information as is reasonably possible for our resources. We intend to improve the accuracy of our information as that increases the quality of our product.

All information, content, software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements displayed on, transmitted through, or used in connection with site, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of FC or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. FC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. In accepting these TOS, you agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of FC. You may not distribute any Material to others, whether or not for payment or other consideration, and you may not modify, copy, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Material. You may not screen scrape or otherwise copy our Material without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Site, and not to use any data mining, data gathering or extraction method. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Data submitted for registration and use of the Service are subject to our privacy policy. Please see http://www.fantasycongress.com/public/PrivacyPolicy.jsp for details on our complete privacy policy.

OUTBOUND LINKS

When you are on FantasyCongress, you could be directed to other web sites that are beyond our control as there are links to other sites from FantasyCongress pages that take you outside of our service. For example, if you click on a Member of Congress's official website link on their profile you will be taken to a non-FantasyCongress site. This may include links to partners, affiliates, and content providers that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves FantasyCongress, the site you will land on is not controlled by FC and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that FC is not responsible for those sites. FC also reserves the right to disable links from third-party sites to any FantasyCongress page, although we are under no obligation to do so. In addition, the Service allows customers to add outbound links to other sites on the Internet. As FC has no control over such sites and resources, you acknowledge and agree that FC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

CUSTOMER CONTENT

FC permits you to upload information, advice, text, data, software, messages and other materials to the Site ("Customer Content"). Customer Content is your sole responsibility. This means that you, and not FC, are entirely responsible for all of Customer Content that you upload, post, e-mail, transmit or otherwise make available via the Service. FC cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Customer Content including, but not limited to, any errors or omissions in Customer Content, or for any loss or damage of any kind incurred as a result of the use of any of Customer Content made available via the Service. FC does not claim ownership of Customer Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Customer Content and to incorporate Customer Content in other works in any form, media, or technology now known or later developed. You acknowledge that we do not pre-screen Customer Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Customer Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Customer Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Customer Content. You acknowledge and agree that FC may archive Customer Content and may also disclose Customer Content at any time and for any reason. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.

You are solely responsible for your interactions with other FantasyCongress Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

SUBMISSIONS

Any material (e.g., email, posting to our support boards) you send us, solicited or unsolicited, including, but not limited to creative suggestions, ideas, notes, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

INDEMNIFICATION

You agree to indemnify and hold FC, its affiliates, partners, contractors, vendors, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.

DISCLAIMERS AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FC, IT'S CONTENT PROVIDERS, PARTNERS, AND VENDORS AND ANY OF THEIR EMPLOYEES SHALL NOT BE HELD RESPONSIBLE FOR ERROR OR OMISSIONS PERTAINING TO THE ACCURACY AND RELIABILITY OF ANY OF THE INFORMATION RELATED TO THE SERVICE. FC RESERVES THE RIGHT TO TAKE DOWN THE SITE FOR PERIODIC MAINTENANCE AND UPGRADES, AND DEPENDING ON CIRCUMSTANCES MAY NOT INFORM CUSTOMERS IN ADVANCE OF ANY SUCH DOWNTIME. FC ALSO RESERVES THE RIGHT TO REMOVE ANY HISTORICAL LEAGUE INFORMATION INCLUDING, BUT NOT LIMITED TO, POLLS, ARTICLES, AND MESSAGE BOARD POSTS AT IT'S SOLE DISCRETION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 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 FC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE PURCHASE PRICE OF THE PRODUCT.

JURSIDICTION AND GOVERNING LAW

This agreement, and the application or interpretation of this agreement, shall be governed exclusively by its terms and in accordance with the laws of the State of Colorado without regard to its conflict of law provisions. You and FC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Westminster, Colorado.

TERMINATION

FC at any time may terminate this Agreement with our without cause. You may terminate this agreement by submitting a written request to FC. Regardless of which party terminates the Agreement, the Service may be immediately suspended or disabled, without notice. In the event of either a suspension or termination of the Service to you, FC shall not be held responsible for any consequences pertaining to lack of access to the Service.

MISCELLANEOUS

The Terms of Use, together with the Privacy Policy and any other policies of FC posted by us on FantasyCongress, constitute the entire agreement between you and FC regarding the use of the FantasyCongress and/or the Service, superseding any prior agreements between you and FC relating to your use of FantasyCongress. The failure of FC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

WHAT TO DO IF YOU WITNESS A VIOLATION

If you witness any user activity in FantasyCongress that violates the Terms of Service, please notify us of such activity. FC cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service a fun place for everyone.

Thanks for participating in Fantasy Congress, and enjoy playing politics!