Fantasy Baseball Manager of the Year, LLC (“MOTY”) is the owner and operator of this Website. By using this Website, subscribing to the service (“Service”) provided by MOTY, or ordering any other products or Services from MOTY, or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this Website and do not click “I agree.” Please check this Agreement periodically for changes as MOTY reserves the right to revise this Agreement and Your continued use of this Website following the posting of any changes to the Agreement constitutes acceptance of such changes. MOTY reserves the right to terminate a User’s use of this Website at any time without notice and may do so for any breach of this Agreement or the instructions on this Website by a User. This Agreement applies to licensors and advertisers as well.
This Agreement must be completed, understood and agreed to by a person over 18 years of age. If a parent or guardian wishes to permit a person younger than 18, and under his or her supervision, to use this Website, he or she should email MOTY with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this Website from any country where material on this Website is prohibited or illegal, please leave now as you do not have permission to access this Website.
Upon your agreement to this Agreement, MOTY hereby grants you a non-exclusive, non-transferable limited license to use this Website in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Website. You may be required to provide MOTY with certain registration information. You agree and represent that all such information provided by You is accurate and up to date, that You have made no false or fraudulent statements in your use of or to gain access to this Website.
You may use the Service only during the term of your subscription to it (the “Term”). You may use the Service for Your personal use only; specifically, as the information provided on the Website assists You in Your participation in fantasy baseball leagues and/or enhances Your enjoyment of professional baseball.
You acknowledge and agree that all content and services available on this Website are property of MOTY and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by MOTY, its advertisers and licensors.
You understand that MOTY may charge You Fees (such fees, charges and taxes shall collectively be referred to as “Fees”) for access to portions of the Service or for the Service as a whole. You agree to pay any and all Fees and charges, including applicable taxes, incurred through Your account at the rates in effect for the billing period in which such Fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by MOTY or by any third-party vendor or provider. MOTY reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to You.
You shall pay all federal, state, or local taxes imposed on the Service and the transaction under which you subscribe to the Service. You shall pay all such taxes without deducting from the amounts due to MOTY under this Agreement. If any taxes arise that are not collected and paid by MOTY, You remain responsible for them. MOTY shall pay any taxes imposed on its income.
If You submit Your credit card or other financial information to MOTY upon registration, You give MOTY permission to charge all Fees incurred through Your account to the credit card You designate and agree not to challenge any such charges. Any additional Fees (other than Renewal Fees) will be charged at the time they are incurred. If payment cannot be charged to Your credit card or Your payment is returned to MOTY for any reason, including chargeback, MOTY may either suspend or terminate Your account and all its obligations under this Agreement.
If You breach this Agreement, or any rules posted at various points in the Service, MOTY may suspend or terminate Your access to the Service, without notice, and MOTY may obtain all other remedies available to MOTY under law. You agree to pay for all collections and/or attorneys fees resulting from any non-payment.
MOTY’s decision of whether to terminate or suspend will be made by MOTY in its sole discretion.
All programming, pricing, terms and conditions of Services are subject to availability and change.
MOTY is the owner and/or licensee of all content displayed on this Website. You acknowledge that MOTY creates the content of the Service through extensive work, and that, financially, MOTY can provide the Service only if all Users of this content pay to be subscribers of the Service. You agree, that material from the Website may only be copied or printed for your own personal use as it relates to your participation in a Fantasy Baseball Game or your purchase of a service or product offered on the Website. Except as may be explicitly permitted through this Website, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this Website. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MOTY is prohibited. The limitations in this paragraph apply not only to MOTY’s Intellectual Property, which includes all of the trademarks, service marks, trade secrets, logos and other identifying marks used and displayed on the MOTY Website, owned by MOTY or by others with whom MOTY has a licensing agreement, but also to any non-copyrightable information provided by the Service. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. The MOTY Website is copyright protected. You agree not to disrupt or interfere with the Service. You may not defeat or circumvent MOTY’s security features, or attempt to do so.
You agree that if you are issued a Username and Password by MOTY, you shall use your best efforts to prevent access to this Website through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying MOTY immediately if you discover loss or access to such information by another party not under your control and supervision (for example, in the event of a loss, theft or unauthorized disclosure or use of Your ID, password or any credit, debit or charge card number stored on the Service), and by using a Username and Password not easily guessed by a third party. You are solely responsible for maintaining the confidentiality of Your password. You are solely responsible for all usage or activity on Your account. You may not authorize others to use the Service without the written consent of MOTY. Any attempt to do so will be void and a material breach of this Agreement.
You agree that you shall not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received through this Website. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that MOTY shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
In an effort to confirm delivery of products and services, and/or to detect unauthorized usage of the Website,
MOTY may monitor use of the Service through the use of technologies intended for such purposes.
Accessing this Website, and services, products or contents available on this Website, except as expressly allowed through instructions and truthful statements by the User in regard to use of this Website, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this Website from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this Website may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this Website, you agree that you are not a citizen of or a resident in any of these countries.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Website, or materials or services received through this Website, and, in particular, you shall not export or re-export anything on or received through this Website in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This Website, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
Except with regard to personal information, You agree that all information (if it is not in the public domain) which you post on this Website or communicate to MOTY through this Website (collectively “Submissions”) shall forever be the property of MOTY and that MOTY will have no liability or responsibility for providing any credit, compensation or other consideration for any Submission unless we contract for use of it.
Submissions include, but are not limited to, all remarks, suggestions, ideas, concepts, data, creative work, designs, and graphics, which are furnished at any time by a User or visitor to the MOTY Website
You agree to the Website Submission Rules found here as part of this Agreement if provided on the Website by MOTY. MOTY shall not treat any Submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, MOTY shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere.
Your acknowledge that postings to and communications with the Service, including, but not limited to, Bulletin Board Messages, Chat Room Messages or Screen Names, are not private and that they may be read, intercepted by others and widely accessible on the World Wide Web. By transmitting any Message or Screen Name, You grant MOTY a perpetual, royalty-free, non-exclusive, and irrevocable right and license to the unrestricted right to use, reproduce, modify, translate, transmit and distribute any material You supply or communicate to the Service in any medium (now in existence or hereafter developed) and for any purpose, including commercial uses. You acknowledge that you are fully responsible for the Message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party. You shall ensure that any material You provide to the Service or post on a Bulletin Board or forum (including, but not limited to, text, photographs and sound) does not infringe upon or misappropriate the patent, copyright, trademark, service mark or trade secret rights or any other personal (such as a right to publicity) or other proprietary rights of any third party.
You shall indemnify, defend and hold harmless MOTY from any claim, demand, assertion or lawsuit asserting that any material You provide to the Service or post on a bulletin board or forum infringes a patent, copyright, trademark, service mark, trade secret or any other personal or proprietary rights of any third party. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and MOTY and its vendors other than as expressly set forth in this Agreement.
In situations in which You can post material on or via this Service, You agree that MOTY is merely a “service provider” as defined by the federal Digital Millennium Copyright Act (“DMCA”). As mandated by the safe harbor provisions of the DMCA, MOTY’s policy is to terminate the accounts of subscribers that are repeat infringers of copyright rights of third parties. While MOTY does not intend to take affirmative action to watch for infringement of the copyright rights of third parties conducted by use of the Service, MOTY may terminate this Agreement if it receives appropriate notice of infringement and the party committing infringement does not cease its infringement.
The MOTY Website and the Service it provides contains material that is the copyright, trademark, service mark and trade dress property of MOTY or of third parties who have licensed material to MOTY (collectively, “MOTY’s Intellectual Property”). MOTY’s Intellectual Property includes, but is not limited to, the following: trade secrets, logos, trademarks, service marks, photographs and other images, articles and columns, other text, graphics and illustrations, other artwork, unique names for statistical categories, formulas used for creating unique statistical categories, opinions expressed as to the meaning of statistical performance levels (e.g. benchmark analytical levels), the selection of statistics and information included within the Service (and the structure and sequence of it), and software.
You may be transferred to online merchants or other third party Websites through links or frames from this Website. You are cautioned to read such Websites’ Terms and Conditions and/or Privacy Policies before using such Websites in order to be aware of the terms and conditions of your use of such Websites. These Websites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other Websites are not under the control of MOTY, are not monitored or reviewed by MOTY, and MOTY is not aware of the contents of such Websites and does not endorse them. You acknowledge that MOTY is not responsible for the accuracy, copyright compliance, legality, decency, availability of these third party resources, or any other aspect of the contents or any transmissions received through such Websites. The inclusion of such a link or frame does not imply endorsement of this Website by MOTY, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that MOTY and its licensors have no liability whatsoever from such third party Websites and your usage of them.
MOTY warrants that it will use commercially reasonable means to keep the Website and Service available to You during your agreed Term of subscription. However, You acknowledge that some failures or poor performance may occur from time to time, and MOTY shall not be responsible for occasional failures of the Service, such as temporary unavailability of the Website comprising the Service. You also understand that the Website may be down, or the Service unavailable, from time to time due to MOTY performing maintenance.
Neither MOTY nor any of our third-party service providers shall be liable to You or any third party for any delay or its failure to perform any obligation under this Agreement, such as providing the Service, if such delay or failure is caused by the occurrence of any event beyond MOTY’s, or any of our third-party service providers’, reasonable control, including, but not limited to, acts or failures to act by You; failures of the Internet not caused by MOTY; failures of hardware, software, browser, communications equipment, network failure, network congestion or network malfunction (unless caused by MOTY); acts of God; weather; acts of public authority; war; terrorism; riot; government acts, new laws or regulations; or failures or delays of utilities, suppliers, or carriers.
You acknowledge that MOTY is not obligated to provide technical support in regards to Your personal hardware and software used to access the Service. MOTY assumes no liability for any damages resulting from failure of computer hardware, software, communications system, including, but not limited to, viruses or vendor-provided services used to access the Service.
Should MOTY breach this limited warranty, you shall notify MOTY and MOTY shall have 30 days to cure such breach. Your sole remedy shall be for MOTY to restore the Service to the warranted level within 30 days, thus constituting a cure, or to refund to You a prorated amount of your Service Fee equal to the proportionate amount of time left on your subscription measured from the time of breach. MOTY alone shall determine whether to provide a cure or partial refund.
MOTY, ITS THIRD-PARTY SERVICE PROVIDERS, ADVERTISERS AND/OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS WEBSITE. ALL INFORMATION AND USE OF THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MOTY, ITS THIRD-PARTY SERVICE PROVIDERS, ADVERTISERS AND/OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS WEBSITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS WEBSITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS WEBSITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MOTY, ITS THIRD-PARTY SERVICE PROVIDERS, ADVERTISERS AND/OR LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL MOTY, ITS THIRD-PARTY SERVICE PROVIDERS, ADVERTISERS AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS WEBSITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOTY, ITS THIRD-PARTY SERVICE PROVIDERS, ADVERTISERS AND/OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE MONETARY LIABILITY OF MOTY EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO MOTY. THE DAMAGES LIMITATIONS STATED IN THIS PARAGRAPH APPLY REGARDLESS OF THE FAILURE OF ANY WARRANTY OR REMEDY PROVIDED TO YOU BY THIS AGREEMENT.BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MOTY, ADVERTISERS AND/OR ITS LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless MOTY, its third-party service providers, advertisers and/or licensors, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this Website, or any services, information or products from this Website; from your infringement or misappropriation of MOTY’s Intellectual Property; from your infringement or misappropriation of any patent, copyright, trademark, service mark, trade secret, personal right or other proprietary right of any third party; from Your unauthorized use, reproduction, modification, distribution or display of material obtained through the Service; and from Your breach of this Agreement. MOTY reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MOTY in asserting any available defenses.
Nothwithstanding any term in this Agreement, other operating term set forth by MOTY or any act or failure to act by MOTY, its third-party service providers, advertisers and/or licensors, You are exclusively liable for the content of every Message, including, but not limited to, Bulletin Board Messages, Chat Room Messages and Weblog Messages, and Screen Name(s) you transmit via the Website.
MOTY may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that the User has used this Website for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, MOTY may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and MOTY shall not be liable for damages or results thereof and the User agrees not to bring any action or claim against MOTY for such disclosure.
This Website (excluding third-party linked websites) is controlled by MOTY from its offices within the State of California, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Website. As each of these places has laws that may differ from California, by accessing this Website, both you and MOTY agree that the statues and laws of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Website, without regard to conflicts of laws principles thereof. You and MOTY also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. You waive any right to a jury trial. You agree than any legal proceedings shall be conducted in English. In any litigation in state court, depositions and interrogatory responses may be used in support or defense of motions for summary judgment. In any litigation arising from or related to this Agreement, the prevailing party shall be entitled to recover its reasonable legal fees and costs from the non-prevailing party. MOTY makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
This Agreement incorporates by reference the Website Submission Rules if this Website allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of MOTY. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
By using features of this Website that allow you to post or otherwise transmit information to or through this Website, or which may be seen by other Users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this Website’s rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of this Website, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the Users of this Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
You acknowledge that MOTY and its third-party service providers act as a passive conduit in connection with your use of Message Features on the Website, including, but not limited to, Bulletin Boards, Chat Rooms, Weblog Messages and Screen Names. You also acknowledge that the Website generally does not pre-screen, monitor, or edit the content posted by Users of this Website. Additionally, MOTY and its third-party service providers have the right (though, not the obligation) to remove any content at their sole discretion that does not comply with the Website Submission Rules or is otherwise harmful, objectionable, or inaccurate. This Website is not liable for any failure, delay, damages or results, in removing such content.
You acknowledge that MOTY may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, Service, database, or content. MOTY may also impose limits on certain features and Services or restrict your access to parts or the entire Website without notice or liability.
You agree that your use of this Website may be suspended or terminated immediately, without notifying You, upon receipt of any notice which alleges that you have used this Website in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including, but not limited to, the posting of information that may violate third-party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this Website may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this Website shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this Website for such disclosure.
If MOTY terminates Your ability to access the Service without notice, and such termination is not because of a breach of this Agreement by you, then MOTY will refund to you a prorated amount of your Service fee equal to the proportionate amount of time left on your subscription.
This Website reserves the right to revise these Website Submission Rules at its discretion. As such, MOTY strongly encourages You to periodically revisit these rules to ensure You are complying with the current version.
Last Updated: September 19, 2005