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Mage Sports Terms of Use
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Mage Sports LLC (“Mage Sports”) provides the MAGESPORTS.COM Internet site for people interested in fantasy sports. Access to and use of MAGESPORTS.COM is subject to the terms and conditions set forth herein and all applicable laws. By accessing and using MAGESPORTS.COM you accept and agree to be bound by, without limitation or qualification, these Terms. If you do not accept and agree to be bound by these Terms, do not access or use MAGESPORTS.COM.
Mage Sports may revise these terms and conditions (the “Terms”) from time to time, with or without notice, at Mage Sports’ sole discretion, by updating this posting. You are responsible for reviewing these Terms for revisions. By accessing and using MAGESPORTS.COM after any revision to these Terms, you accept and agree to be bound by, without limitation or qualification, the revised Terms. If you do not accept and agree to be bound by the revised Terms, do not access or use MAGESPORTS.COM. These Terms were last revised at 5:59 PM Eastern Standard Time on Friday, November 17, 2000.
These Terms represent the entire agreement between you and Mage Sports, and supersede any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of these Terms posted by Mage Sports (provided, however, that any such revised posting shall take effect prospectively from the date of the posting). If you are a minor between the ages 13 and 18 years old, agreeing to these Terms is conditioned on your having the express approval of your parent or guardian. The Terms and the relationship between you and Mage Sports shall be governed by and interpreted in accordance with the laws of The Commonwealth of Massachusetts, United States of America, without reference to its principles of conflicts of law. By visiting MAGESPORTS.COM and/or using or services from or through MAGESPORTS.COM, you consent to the federal and state court of The Commonwealth of Massachusetts having jurisdiction over you.
Mage Sports may elect, in its sole and absolute discretion, to terminate these Terms, MAGESPORTS.COM, your access to MAGESPORTS.COM, or any transaction on or through MAGESPORTS.COM.
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| Participation and Registration |
To participate in any fantasy sports game on MAGESPORTS.COM, you must be legally able to enter into and form a binding contract. If you are between the ages of 13 and 18 years old, your participation in any fantasy sports game on MAGESPORTS.COM is conditioned on your having the express approval of your parent or guardian.
To register with MAGESPORTS.COM, you must provide your name, address, e-mail address, as well as create a user name and password. You must register to participate in any fantasy sport game on MAGESPORTS.COM.
You are solely responsible for maintaining the security of your password. You should not disclose your password to any third party. You are solely responsible for any use of or action taken under your password on MAGESPORTS.COM. If your password is compromised, you should change your password.
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| Proper Use of Site |
Mage Sports services may only be used for lawful purposes and in a lawful manner. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws. No material may be published on web pages hosted by Mage Sports that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material. You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using MAGESPORTS.COM, including in regard to selecting, naming, trading teams and players. You may not register under a false name or use an invalid or unauthorized credit card. You may not make trades under a false name, impersonate any participant, or use another’s password.
When using any communication means provided by MAGESPORTS.COM, you agree not to post or transmit: any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind; any information or software that contains a virus, worm, trojan horse or other harmful or disruptive component; or any materials in violation of another party's copyright or intellectual property rights.
Fraudulent conduct may be reported to law enforcement, and MAGESPORTS.COM will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Mage Sports reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Mage Sports’ systems, or to ensure the integrity and operation of Mage Sports’ business, Mage Sports may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, Internet Protocol addressing and traffic information, usage history and posted content.
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| No Obligation to Monitor |
You acknowledge that Mage Sports has no obligation to monitor MAGESPORTS.COM. However, you acknowledge and agree that Mage Sports has the right to monitor MAGESPORTS.COM and to remove anything that violates these Terms or is otherwise objectionable.
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| Non-Confidentiality of Communications |
Any communication or material that you transmit to MAGESPORTS.COM is on a strictly non-confidential basis, with no promise not to use such communication or material for any purpose whatsoever, including but not limited to, reproduction, publication, broadcast, and posting, or other public or commercial use. You grant Mage Sports a non-exclusive, worldwide license to reproduce, distribute, adapt, perform, publish and display any communication or material you transmit or submit to MAGESPORTS.COM. By transmitting or submitting any material to MAGESPORTS.COM, you represent and warrant that you have the authority to grant such rights to Mage Sports. You retain ownership of any copyrights of any material that you submit to Mage Sports.
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| User Data |
Pursuant to Mage Sports’ Privacy Policy, Mage Sports may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically set forth in the Privacy Policy authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the Mage Sports Privacy Policy, as may be amended from time to time.
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| Indemnification |
You agree to indemnify, defend and hold harmless Mage Sports against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from your breach of this Agreement and/or your activities in connection with MAGESPORTS.COM.
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| Warranty Limitation |
MAGESPORTS.COM IS PROVIDED ON AN "AS IS" BASIS. MAGESPORTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIMS ANY AND ALL SUCH WARRANTIES TO THE FULL EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT MAGESPORTS.COM OR THE SERVICES PROVIDED THEREON OR THERETHROUGH WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT OR MATERIAL INCLUDED ON MAGESPORTS.COM IS ACCURATE; THAT OTHER PARTICIPANTS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MAGE SPORTS.
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| Liability Limitation |
YOU ACKNOWLEDGE AND AGREE THAT ALL ACCESS TO AND USE OF MAGESPORTS.COM AND THE CONTENT THEREOF IS AT YOUR OWN RISK. NEITHER MAGE SPORTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING MAGESPORTS.COM SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE MAGESPORTS.COM, OR ANY ERRORS OR OMISSIONS IN OR ON MAGESPORTS.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH MAGESPORTS.COM IS TO STOP USING MAGESPORTS.COM.
YOU ACKNOWLEDGE AND AGREE THAT MAGE SPORTS NEITHER ENDORSES NOR ASSUMES RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY CONTENT PROVIDED BY ANY THIRD PARTY PROVIDER, OR ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.
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| Reporting a Violation of Terms of Service. |
If you witness a violation of these Terms, please notify us at complaints@magesports.com. Complaints may be investigated by Mage Sports, but Mage Sports is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of Mage Sports. Notice of violations of these Terms should be directed to:
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Notices of such problems should contain the following information:
1. Identification and description of the nature of the problem.
2. The address, telephone number, or e-mail address of the complaining party.
3. A statement, under penalty of perjury, that the information in the notification is accurate.
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| Spam Policy |
Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam", or any use of Mage Sports’ services or systems associated in any way with such mailings is strictly forbidden. Mage Sports will immediately terminate, without any warning, the account of any user who conducts these activities. Mage Sports also reserves the right to remove users who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. Mage Sports reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. To report spam, please forward the spam with all original headers to complaints@magesports.com.
It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in Mage Sports’ sole discretion. Further, Mage Sports shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by Mage Sports in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
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| Waiver of Jury Trial |
Both you and Mage Sports hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Mage Sports each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
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| Miscellaneous |
If any provision of these Terms are held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law.
You may not assign or transfer your rights and your obligations pursuant to these Terms.
These Terms shall bind and benefit your successors, heirs and legal representatives.
The failure of Mage Sports to enforce the strict performance of any provision of these Terms shall not be a waiver of its right to subsequently enforce such provision or any other provisions of these Terms.
MAGESPORTS.COM and the MAGESPORTS logo are trademarks of Mage Sports LLC. Please be advised that Mage Sports actively and aggressively enforces its intellectual property rights.
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