FRONT OFFICE MEDIA LLC - TERMS AND CONDITIONS
FRONT OFFICE MEDIA LLC, an Ohio limited liability company, operates and owns the rights to Dynasty Owner, this Web site, and all of its contents. Dynasty Owner is a unique and patented fantasy football game. We ask that you pay close attention to these terms and conditions (referred to as the “Agreement”), as they will constitute a binding legal contract once you agree to participate in Dynasty Owner. If you choose not to accept any term of this Agreement, then you are ineligible to participate and we ask that you take no further action with this Web site. FRONT OFFICE MEDIA LLC may change the terms of this Agreement from time to time. We will you inform you of changes. Your continued participation will be considered an acceptance of any of the new or altered terms.
To participate in Dynasty Owner, you must be at least eighteen (18) years old, or have the permission or a parent or guardian to participate. If local laws stipulate an age of majority higher than 18 years of age, the participant must have reached that age of majority to participate. Dynasty Owner is void where prohibited by law. Regretfully, participants from the following states, territories, and provinces are not permitted to participate due to local laws: Arizona, Iowa, Louisiana, Montana, Washington, Vermont, Quebec, and Puerto Rico. Although this Web site may be accessible worldwide, we make no representation that materials on this Web site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
A. All currency references are in U.S. dollars. Payments are non-refundable unless otherwise provided in this Agreement. Your credit card will be automatically billed upon your registration. Once you have signed up for one year, there is no obligation to continue playing in the following seasons. We do not provide price protection or refunds in the event of a price drop or promotional offering. In any season in which you participate, you are required to, at all times, maintain a minimum account balance in Dynasty Dollars of one week’s team payroll (the “Minimum Balance”). In the event your account balance falls below the Minimum Balance, you authorize FRONT OFFICE MEDIA LLC to automatically charge your credit card to replenish your account to reach the Minimum Balance – with or without notice to you.
B. The early reservation deposit of $50.00 will be refundable up to July 1, 2013, afterwards you will lose your deposit if you choose not to compete in the league.
FRONT OFFICE MEDIA LLC reserves the right, in its sole discretion, to terminate your Service at any time for any reason, without notice to you, and to suspend your access to the Web site and its data. These reasons include, but are not limited to: (a) Your credit card is invalidated or payment is refused for any reason, (b) You charge back to your credit card the fees due, (c) FRONT OFFICE MEDIA LLC comes to believe in its sole judgment that you have provided false registration information, or (d) FRONT OFFICE MEDIA LLC otherwise believes in its sole judgment you have acted in a manner inconsistent with the spirit or the letter of this Agreement.
The scoring and other rules of Dynasty Owner are provided in the League Rules, which are posted on the Web site. These rules are incorporated in this Agreement as if they were fully written herein. FRONT OFFICE MEDIA LLC reserves the right to change the League Rules from time to time in its sole discretion. FRONT OFFICE MEDIA LLC will be the sole and final judge in all matters and disputes relating to Dynasty Owner. As you know, fantasy football is a game where users must meet important deadlines. Your failure to meet deadlines or participate in certain events within Dynasty Owner may hinder your chances to succeed, and you assume all such responsibility. FRONT OFFICE MEDIA LLC may refuse teams with names that it believes to be inappropriate or offensive.
VI. Transfers of Teams and Dynasty Dollars Dynasty Dollars are only transferrable as provided in the League Rules. Dynasty Dollars have no established cash surrender value, and you have no right to demand from FRONT OFFICE MEDIA LLC the right to any consideration in exchange for Dynasty Dollars.
A. Only one Dynasty Owner team is available per person, e-mail address, and credit card number. Each individual is permitted to control only one team per account. You agree not to circumvent this important policy by using an alias, colluding with another owner or team, or otherwise. FRONT OFFICE MEDIA LLC will not tolerate cheating or collusion. If FRONT OFFICE MEDIA LLC determines in its sole discretion that you are or were involved in cheating in any way, or practicing collusion, all involved parties will be removed from the competition, and will forfeit their fees and prizes. This includes, but is not limited to, the manipulation or attempt to manipulate the Web site in any way, shape, or form. Any attempt to deliberately damage the Web site or to undermine the legitimate operation of the competition is a violation of criminal and civil law. Should such an attempt be made, FRONT OFFICE MEDIA LLC reserves the right to seek damages and any other remedies available to the fullest extent of the law.
B. If you witness any user violating this Agreement, you agree to promptly notify FRONT OFFICE MEDIA LLC via e-mail here. FRONT OFFICE MEDIA LLC does not guarantee that any action will be taken as a result of your e-mail.
C. Dynasty Owner is intended to be a fun, safe, and sportsmanlike game for football fans. You assume all liability and will indemnify hold FRONT OFFICE MEDIA LLC harmless from all material made available under your account, including liability for claims of infringement, libel, and slander. We will terminate your account if you post: (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, (iii) any viruses, worms, malware, Trojan horses, or other harmful or destructive content, (iv) any unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, (v) impersonation of any person or entity, including any of our employees or representatives, or (vi) without the express prior written consent of FRONT OFFICE MEDIA LLC, any advertising or any solicitation with respect to products or services. FRONT OFFICE MEDIA LLC will not monitor message boards or other communications forums, but FRONT OFFICE MEDIA LLC reserves the right to remove any objectionable content upon being made aware of its presence.
D. Any site users or entrants found to be attempting or suspected of attempting to hack into any servers or systems run by FRONT OFFICE MEDIA LLC will be immediately removed from Dynasty Owner without refund. FRONT OFFICE MEDIA LLC reserves the right to report the matter to the relevant authorities.
VIII. Notices and Disclaimers
A. FRONT OFFICE MEDIA LLC is not endorsed by or affiliated in any way with the National Football League or the National Football League Players Association.
B. The statistics listed through Dynasty Owner are provided by third-party providers. FRONT OFFICE MEDIA LLC will use reasonable efforts to ensure that statistics provided through Dynasty Owner are accurate. However, FRONT OFFICE MEDIA LLC is not liable for the accuracy, usefulness, or availability of any information transmitted or made available through Dynasty Owner. FRONT OFFICE MEDIA LLC is allowed to change the statistics at any time.
C. You are responsible for maintaining the confidentiality of your login name and password and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should immediately contact us here. We will not be responsible for any loss or damage resulting from your failure to promptly notify us of unauthorized use.
D. Dynasty Owner uses terms such as “revenue sharing” and other terms to make the game more realistic. However, FRONT OFFICE MEDIA LLC is not offering to you or providing you with any membership units, right to purchase membership units, or share of revenues of FRONT OFFICE MEDIA LLC. You agree that no joint venture, partnership, employment, shareholder or membership status, or agency relationship exists between you and FRONT OFFICE MEDIA LLC as a result of this Agreement or your use of Dynasty Owner.
E. FRONT OFFICE MEDIA LLC provides Dynasty Owner as a unique way for football fans to enjoy the game and show off their knowledge, perhaps gaining some bragging rights in the process. You agree that Dynasty Owner is provided solely for entertainment purposes. FRONT OFFICE MEDIA LLC does not condone nor permit any use of Dynasty Owner in connection with gambling or wagering. These activities may be illegal in your state or country. Irrespective, gambling is strictly prohibited here, and may be cause for termination. Further, you acknowledge that Dynasty Owner is a game of skill. You acknowledge that the outcomes are clearly based on your skills and abilities, including skills in such areas as (i) the prediction of the future performance of athletes over a significantly extended time period and not just a single game or a single performance; (ii) the skill in drafting such athletes; (iii) the skill and ability in creating a balanced team from such individual athletes; and (iv) the skills and strategies surrounding the appropriate understanding and use of the League Rules. You further acknowledge that all prizes are established in advance, and their value is not dependent on the amount of participants or fees paid.
F. This Web site may contain links to other Web sites, but these linked Web sites are neither owned by nor under the control of FRONT OFFICE MEDIA LLC, and FRONT OFFICE MEDIA LLC is not responsible for their contents. The fact that we have linked to the Web site does not imply that FRONT OFFICE MEDIA LLC endorses the site or associates with its operators.
G. If you receive a cash payment from FRONT OFFICE MEDIA LLC, then you agree to provide FRONT OFFICE MEDIA LLC with your social security number for tax purposes. If you fail to do provide your social security number, then FRONT OFFICE MEDIA LLC will treat your payment as that to a “foreign national” and will withhold thirty percent (30%) of payouts for tax purposes. Otherwise, FRONT OFFICE MEDIA LLC will not prepay any taxes on the winnings. You will be responsible to notify the IRS of your winnings and proceed to pay all appropriate taxes. We will provide certain winners with an IRS 1099 form. The only prizes receiving a cash payment will be the Most Efficient Grand Prize Winner of $20,000, The League Champion Initial Prize of $2250 and the Runner Up Initial Prize of $750. The rest will be given as Dynasty Dollar payments in their respective seasons.
H. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. FRONT OFFICE MEDIA LLC disclaims any responsibility for any harm resulting from the use of content posted on this Web site.
I. If you are a user from California, then please read this paragraph: As required by California Code Section 1789.3, this notice is to advise you of the following: a) Dynasty Owner is provided by FRONT OFFICE MEDIA LLC with a physical address of 3377 East Galloway Drive, Richfield, OH 44286 and telephone number of 1-216-916-7713. b) The fees and charges for Dynasty Owner vary depending on the features and games in which you choose to participate. FRONT OFFICE MEDIA LLC reserves the right to change the amount of any fee or charge and to institute new fees or charges. c) If you have a complaint regarding Dynasty Owner or desire further information on use of Dynasty Owner, contact us here. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
J. Through your use of the Web site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between you and the buyer or seller of such merchandize and services. We make no warranty regarding any transactions executed through, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates, as we disclaim the same.
K. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through this Web site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. Without limiting the foregoing, if the NFL season is canceled or abridged due to labor problems, FRONT OFFICE MEDIA LLC will decide at that time how the labor problems will affect the Dynasty Owner season, and make changes as necessary, including the cancelation of the season if FRONT OFFICE MEDIA LLC deems it prudent in its sole discretion.
L. FRONT OFFICE MEDIA LLC reserves the right to halt play in the Dynasty Owner at any time in order to maintain fairness. FRONT OFFICE MEDIA LLC may also halt, modify, or discontinue play if caused to do so by a legal or regulatory body. FRONT OFFICE MEDIA LLC may disqualify any participants from a geographic area affected by a current or newly enacted legal stipulation preventing them from participation, without refund to these participants.
IX. Intellectual Property
A. You may not use, copy, or distribute the information, designs, or data found on this Web site, except for personal or noncommercial purposes. You are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of FRONT OFFICE MEDIA LLC, and FRONT OFFICE MEDIA retains all such rights.
B. You may not use another user’s information for business or commercial purposes.
C. In accepting this Agreement, you authorize FRONT OFFICE MEDIA LLC to use for any purpose any information you have provided. Any communication or material that you transmit to this Web site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
D. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: Michael R. Rasor Cavitch, Familo & Durkin Co. ,L.P.A. 1300 East Ninth Street Twentieth Floor Cleveland, OH 44114 216-621-7860 firstname.lastname@example.org E. Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Web site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
X. Indemnification and Waivers of Liability
A. You agree to indemnify and hold harmless FRONT OFFICE MEDIA LLC, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your participation in Dynasty Owner, your violation of this Agreement, or your actions that harm the rights of another person or entity.
B. All information on this Web site is provided “as is,” without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you. However, in no event will FRONT OFFICE MEDIA LLC be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data as a result of claims, whether brought in contract or tort, arising out of or connected with Dynasty Owner or this Web site.
C. This Web site may not be available at all times. You agree that FRONT OFFICE MEDIA LLC will not be held liable if the Web site is unavailable at any time. FRONT OFFICE MEDIA LLC does not accept liability for technical, hardware, or software failures of any kind or lost or unavailable network conditions which may limit or prohibit your opportunity to participate in any way. You assume all responsibility and risk for the use of this server and the Internet generally. In the event of a server failure, the last lineup that was submitted will be the official lineup for the week or other timeframe. Being as such, we advise that you submit a lineup as soon as you feel comfortable doing so.
A. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, FRONT OFFICE MEDIA LLC and you agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. B. If there is a lawsuit relating to this Agreement or Dynasty Owner, you agree to submit to the personal and exclusive jurisdiction of the courts located within Cuyahoga County, Ohio, USA. The terms of this Agreement and the relationship between you and FRONT OFFICE MEDIA LLC will be governed by Ohio law, without regard to conflicts of state law.
C. You hereby acknowledge a breach of this Agreement would cause irreparable harm and significant injury to FRONT OFFICE MEDIA LLC that may be difficult to ascertain and that a remedy at law would be inadequate. You agree that, notwithstanding anything to the contrary, FRONT OFFICE MEDIA LLC shall have the right to seek and obtain immediate injunctive relief in any court of competent jurisdiction, without the posting of a bond, to enforce the obligations under this Agreement in addition to any other rights and remedies it may have.
D. FRONT OFFICE MEDIA LLC will provide notice to you, when necessary, at the e-mail address you provide. It is your responsibility to notify us of any change in e-mail address and to ensure that our notices are not deposited into a “junk” or “spam” folder. Notice to FRONT OFFICE MEDIA LLC may be provided via e-mail here.
E. This Agreement and the League Rules constitute the entire and only agreement between you and FRONT OFFICE MEDIA LLC with respect to Dynasty Owner, and supersede all other communications and agreements with respect to the subject matter addressed in this Agreement. You may not reasonably rely on any other statement or representation made by FRONT OFFICE MEDIA LLC or a third party.
F. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. By accepting this Agreement, you waive the right to a jury trial and agree to arbitration in resolving any and all disagreements.
G. The section headings used herein are for convenience only and shall not be given any legal import.