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Welcome to Rotomania.com - a free, interactive, fantasy sports based site that provides user-generated advice and online community for the active fantasy sports fan. The service is operated by J2L Media LLC. By accessing or using the Rotomania.com Website (the "Website") you signify that you have read, understand and agree to be bound by these Terms of Service (or "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Rotomania.com services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. Please read these terms and conditions carefully before using the Website. We reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. This Agreement includes Rotomania.com's policy for Member Conduct and Content Posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service, and Rotomania.com's Privacy Policy.
Please choose carefully the information you post on Rotomania.com and that you provide to other Members. Your Rotomania.com profile may not include the following items: telephone numbers and street addresses, and any photographs posted by you that contain nudity, violence, or offensive subject matter. Information provided by other Rotomania.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services, and Rotomania.com assumes no responsibility or liability for this material.
Rotomania.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and photos) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Service at any time, for any or no reason, with or without prior notice, and without liability. Rotomania.com strictly prohibits the uploading of team logos or photos of celebrities/athletes. By uploading a photo on Rotomania.com, you certify that (a) you have read and agree to Rotomania.com's Terms of Service; (b) the photo does not violate Rotomania.com's Terms of Service; (c) you own or have obtained all rights necessary to upload this photo and to authorize the uses permitted in Rotomania.com's Terms of Service; and (d) you are granting Rotomania.com a license to make all such uses of the photo.
By participating in any offline Rotomania.com event, you agree to release and hold Rotomania.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Rotomania.com event.
Eligibility and Account Information: Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of Rotomania.com shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is suspected that you are misrepresenting yourself and/or have hidden agendas that disrupt the integrity of the Website. In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Service, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Rotomania.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Rotomania.com has the right to suspend or terminate your account and/or refuse any and all current or future use of the Service.Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any private messages sent, and for your interactions with other members.
Term and Termination: This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by emailing support@rotomania.com. You agree that Rotomania.com, in its sole discretion, may terminate your account or use of the Website and/or the Service, and remove and discard any post, comment or message within the Service, for any reason, including, without limitation, for lack of use or if Rotomania.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Rotomania.com may also in its sole discretion and at any time discontinue providing the Website or the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Rotomania.com may immediately deactivate or delete your account and all related information and/or files corresponding to your account and/or bar any further access to such files or the Service. Even after membership is terminated, this Agreement will remain in effect. Rotomania.com's Terms of Service that was provided to you at registration may change from time to time. By using the Service and by becoming a Member, you acknowledge that Rotomania.com reserves the right to charge for the Service and has the right to terminate a Member's Membership should Member breach this Agreement or fail to pay for the Service, as required by this Agreement.
Voting: Rotomania.com may offer you the opportunity to vote in connection with certain events. By casting your vote, you are agreeing to abide by the Terms of Service and any and all voting guidelines posted on the Website.
Member Conduct and Content Posted on the Website:
You must use the Service in a manner consistent with any and all applicable laws and regulations.
Proprietary Rights: The Service and Content are the property of Rotomania.com and are licensed to Rotomania.com and may not be reproduced without the prior written consent of Rotomania.com. You further acknowledge and agree that (i) any necessary software used in connection with the Website and Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to Rotomania.com; and (ii) content contained in sponsor advertisements or information presented to you through the Website and Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. EXCEPT AS EXPRESSLY AUTHORIZED BY ROTOMANIA.COM OR ADVERTISERS, YOU AGREE NOT TO REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, COPY, PUBLICLY DISPLAY OR OTHERWISE USE ANY CONTENT OR ANY DERIVATIVE WORKS BASED ON THE WEBSITE, SERVICE, CONTENT OR THE SOFTWARE, IN WHOLE OR IN PART. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Rotomania.com for use in accessing the Service.
Copyright Policy: If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to support@rotomania.com.
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes all of the following:
Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Linking: The Website and/or Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Rotomania.com has no control over such sites and resources, you acknowledge and agree that Rotomania.com 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 Rotomania.com 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.
Rotomania.com Advertisers and Vendors: Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Service or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that Rotomania.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Service. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE SHALL BE AT YOUR SOLE RISK.
Privacy: All information collected about you during registration for use of the Service will be used in accordance with our Privacy Policy and all applicable laws. Click here to view our privacy policy.
Disclaimers: Rotomania.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Rotomania.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Rotomania.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Rotomania.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Rotomania.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Rotomania.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Rotomania.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Rotomania.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Service for any reason, and without notice, without liability to you, any other Member or any third party.
Limitation on Liability: EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ROTOMANIA.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
U.S. Export Controls: Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Governing Law; Venue and Jurisdiction: By visiting or using the Website and/or the Service, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Rotomania.com or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Texas.
Arbitration: YOU AND ROTOMANIA.COM AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS, THE WEBSITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Rotomania.com will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) year after the cause of action arose.
Indemnity: You agree to indemnify and hold Rotomania.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Other: This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Rotomania.com regarding the use of the Website and/or the Service. The failure of Rotomania.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.Rotomania.com is a trademark of J2L Media LLC. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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