Fantasy Football Collective

Acceptance of Terms

The web pages available at www.ffcollective.com, and all linked pages ("Site"), are owned and operated by FFCollective, Inc. ("Company" or "FFCollective," or "we," "our," or "us"), a California corporation, for your entertainment, and are accessed by you under the Terms of Use described below ("Terms of Use" or "TOU").

We offer you access to our Site and the ability to create unique personal profiles, communicate and compete with other fans.

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) INDICATES THAT YOU AGREE TO BECOME BOUND TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE FOR ANY PURPOSE

Modifications of Terms of Use

The Company reserves the right, in its sole discretion, to modify or replace these Terms of Use at any time without giving you prior notice. The latest Terms of Use agreement will be posted on the Site and you should review these Terms of Use periodically for any additions, revisions, or modifications that we may have made to these TOU. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. If you breach any of these Terms of Use your right to use this Site will terminate automatically.

Description of Service

Subject to full compliance with the Terms of Use, the Company currently provides users with a collection of services and content, as described more fully on the Site ("Services"). Services shall include, but not be limited to, any service or content performed or offered by the Company, such as communication tools, online forums, contests, personalized content and branded programming, as well as the offering of any materials displayed on the Site, including but not limited to text, user comments, predictions, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content." The Company may add to, change, suspend or discontinue the Services including any Content for any reason, at any time. Unless explicitly stated otherwise, any new Services added to the Site are subject to these Terms of Use. The company may also impose limits on certain Services including any content or restrict your access to all or parts of the Services without notice or liability. In order to use the Web Sites, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. The Site is strictly for entertainment purposes and may not be used in connection with any form of gambling. You herby acknowledge that the contests and polls on the Site are determined primarily by skill. Additionally, you herby acknowledge and agree that you have read, understand, and will abide by the contest rules and that the contest rules are fair.

Registration Obligations

As a condition to using the Services, you must register with the Site and select a password and screen name ("Site User ID"). You shall provide the Company with accurate, complete, and updated registration information. Failure to do so constitutes a breach of the Terms of Use, which may result in prompt termination of your account. You may not (a) select or use as a Site User ID a name of another person with the intent to impersonate that person; (b) use as a Site User ID a name subject to any rights of a person other than you without prior authorization from that person; or (c) use as a Site User ID a name that is otherwise offensive, vulgar or obscene. The Company reserves the right to refuse registration of, or cancel a User ID at its discretion. You shall be responsible for keeping your Site password confidential. Services are available only to individuals who are at least 13 years of age, whether acting on their own behalf or as an authorized employee or representative of any business entity. You are unauthorized to use the Services if you do not so qualify.

Online Conduct

The Site is intended for users' personal enjoyment. As a condition of use, you promise not to use the Site or its Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by the Company. You also recognize that the Content might contain errors, omissions, outdated information or other inadequacies and that the Company makes no warranties or representations as to the accuracy, adequacy or reliability of this Content and will not be liable for any lack of the aforementioned.

You also agree and acknowledge that the Site and any community areas, including but not limited to message boards, blogs, etc. ("Community Areas") on the Site are public and not private communications. You recognize that the Site may enable third party users to upload content that may expose you to offensive, indecent or objectionable content which is the sole responsibility of the third party and not the Company. Occasionally, Community Areas may be hosted or moderated by a third party. Any statement, action, or opinion that a third party host or moderator expresses shall be his or her own and does not represent the Company's views or opinions. You agree that the Company shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such Community Areas. You also agree that descriptions of, or references to, products, services or publications within the Site do not imply the Company's endorsement of that product, service of publication.

The Company may allow you to upload information, including but not limited to news items, pictures, images and commentary or other original content ("Upload Content"), and you acknowledge that your Upload Content is your sole responsibility and the company will not be obligated to pre-screen your upload information and will not be liable for any loss or damage incurred by your upload information. In addition, by way of example, and not as a limitation, you agree not to use the Services:

1. For any illegal or unauthorized purpose. You agree to comply with local laws that may apply in your particular jurisdiction including your state or, if you are an international user, the country in which you use the Site;
2. to abuse, harass, threaten, exploit, impersonate or intimidate other Site users.
3. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates local, federal or international laws or the rights of any third party (see "Content Submission" below for more information on copyright abuse);
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information, including but not limited to phone numbers, addresses, last names, and email addresses, from any Site user;
5. to create or submit unwanted email ("Spam") to any other Site users;
6. to submit stories or comments linking to marketing schemes, sites/blogs repurposing existing Content from the Site, affiliate programs or off-topic Content;
7. to access the Site by using any robot, spider, scraper or other automated means for any purpose without the Company's express written permission, RSS feeds withstanding, or to post or transmit, or cause to be posted or transmitted Content of any kind that contains a virus, Trojan horse, worms, spyware or any other Content that inhibits use and enjoyment of the Site.
8. to take any action that may, in our sole discretion, impose an unreasonably large load on the Site's infrastructure or interferes in any other way with the proper workings of the site;
9. to take any action that artificially inflates or alters the voting tallies, including but not limited to tallies of votes on predictions and Content items, including by way of creating separate user accounts to inflate or alter voting tallies, giving or receiving money or other compensation in exchange for votes, or participating in any other organized attempt to artificially manipulate the Company's Services.
10. to solicit or collect personal data about other users

The Company may remove any Content and/or user accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason whatsoever. To report Terms of Use abuse, including abusive online conduct, please email abuse@ffcollective.com .

Privacy Policy

FFCollective's current privacy policy is available at www.ffcollective.com/privacy (the "Privacy Policy"), and the Privacy Policy is incorporated by this reference.

Content Submission

By uploading, submitting or otherwise disclosing or distributing Content of any kind on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/

Links to Other Sites

The Site contains links to other web sites ("Other Sites"). If you use these links to access the Other Sites, you will leave the Company's Site and these Other Sites may have their own Terms of Use and Privacy Policy, as well as their own different practices and requirements that the Company's Site. The Company has no control over Other Sites. You acknowledge and agree that the Company is not responsible for the availability of such Other Sites, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Other Sites. You further acknowledge and agree that the Company 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 Other Site, goods or services available on or through any such Other Site.

Links to the Company's Site

Any web site may link to the Company's Site, provided the site: a) does not frame or create a browser or border environment around any of the Site; b) links to only and does not replicate the Site; c) does not imply that the Company or its Site endorse or sponsor the site, without prior written consent from the Company; d) does not present incorrect information about the Company or its Site; e) does not use any Company trademarks or trade dress without prior written consent from the Company; and f) does not contain content that could be construed as distasteful, controversial or offensive. When linking to any of the Site, you agree to comply with the above requirements. The Company reserves the right to deny permission to link to the Site for any reason, at our sole and absolute discretion.

Promotions

The Site may offer contests, sweepstakes or other promotions, which may be governed by a separate set of rules and may have eligibility requirements. It is your responsibility to read those rules to determine your eligibility and ability to fulfill the sponsor's requirements of you in connection with the contest, sweepstake, or other promotion.

Copyrights

It is the Company's policy to respond expeditiously to claims of copyright and other infringement and the Company will process and investigate notices of alleged infringement and take action as appropriate under the Digital Millenium Copyright Act ("DMCA")

To notify the Company of a possible copyright infringement, you must provide written communication that sets forth the infringement as specified by the DMCA to the attention of "Copyright Infringement Notification Dept." care of abuse@ffcollective.com. Note that you may be liable for damages (such as costs and attorney fees) if you significantly misrepresent that an activity infringes on your copyright.

If the Company removes or disables your Upload Content in response to an infringement notice, we will make a reasonable attempt (as determined in the Company's sole discretion) to contact you. If you feel that your Upload Content does not constitute an infringement, you may provide the Company with a counter notification that sets forth the infringement as specified by the DMCA to the attention of "FFCollective Counter Notification Dept." at abuse@ffcollective.com. Note that you may be liable for damages (such as costs and attorney fees) if you materially misrepresent that an activity is not infringing the copyright of others. You are encouraged to seek the advice of an attorney if you have doubts as to what constitutes an infringement.

Indemnity

By accessing the Site, you indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including attorneys fees and cost) from any claim or demand made by any third party in connection with your access to the Site, use of the Services, violation of the TOU, or the infringement by you or any third party using your account or User ID of any intellectual property or other right of any entity or person.

Warranty

THE SITE AND ALL RELATED SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPORSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You recognize that the Company does not control which users gain access to the Site, what effects the Content and Services may have on you, how you interpret the Content and Services, or what actions you may take in the wake of exposure to the Content and Services, and you acknowledge that the Company is under no obligation to wield such control over the aforementioned and is not liable for the accuracy, legality, copyright compliance or decency of any material contained on or accessed through the Site.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, THE CONTENT, THE SERVICES OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE, THE CONTENT OR THE SERVICES;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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 THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER MALFUNCTION.

YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

BY ACCESSING ANY OF THE WEB SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and the Company.

Governing Law; Venue, Alternative Dispute Resolution.

This TOU will be governed by and construed in accordance with the laws of the State of California without regard to any contrary conflicts of law principles. Any dispute, claim or controversy arising out of or in connection with this TOU the Site or Service will be initiated and maintained in state court in Santa Clara County, California, or in Federal Court in the Northern District of California. You and Company hereby irrevocably consent to such jurisdiction and venue. Notwithstanding the above, any dispute claim or controversy arising out of or in connection with this TOU will be resolved through binding arbitration to be conducted either through the auspices of the Judicial Arbitration and Mediation Services ("JAMS"), or any successor entity, pursuant to its arbitration rules and procedures, except to the extent that the parties agree to modify those rules and procedures. Such arbitration will be conducted in San Francisco, California before a single JAMS arbitrator, or any other arbitrator, selected by agreement of the parties, within 20 days after the dispute is submitted to binding arbitration, or within such longer time as the parties agree. In the absence of agreement by the parties to an arbitrator, an arbitrator will be selected by JAMS in accordance with its then current regulations and rules. The written decision of the arbitrator shall be final and binding on the parties. In any action or proceeding to enforce rights under the TOU, the prevailing party will be entitled to recover costs and attorneys' fees.

Entire Agreement

This TOU, accepted upon use of the Site and further confirmed by creating a Site User ID, contains the entire agreement between you and the Company regarding the use of the Site and/or Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision is invalid, the remainder of the TOU shall continue in full force and effect.

Termination

You understand and agree that the Company will determine your compliance with these TOU at its sole discretion and reserves the right to deny access to all or part of the Site to any person in its sole discretion without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities.