Information Collected by Football Nation
We only collect personal information that is relevant to the purpose of our website. This information allows us to provide you with a customized and efficient experience. We do not process this information in a way that is incompatible with this objective. We collect the following types of information from our Football Nation users:
- Information You Provide to Us: We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.
- Automatic Information:
We receive and store certain types of information whenever you interact with us. Football Nation and its authorized agents automatically receive and record certain "traffic data" on their server logs from your browser including your IP address, Football Nation cookie information, and the page you requested. Football Nation uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website.
Football Nation may collect and, on any page, display the total counts that page has been viewed. Many companies offer programs that help you to visit websites anonymously. While Football Nation will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.
Football Nation is very concerned about your privacy and we will never provide your email address to a third party without your explicit permission, as detailed in the "Sharing Your Information" section below. Football Nation may send out e-mails with Football Nation-related news, products, offers, surveys or promotions.
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Football Nation cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is.
Sharing Your Information
Rest assured that we neither rent nor sell your personal information to anyone and that we will share your personal information only as described below.
Football Nation Personnel: Football Nation personnel and authorized consultants and/or contractors may have access to user information if necessary in the normal course of Football Nation business.
Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Football Nation, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred.
Syndication: Football Nation allows for the RSS syndication of all of its public content within the Football Nation website.
With Your Consent: Except as noted above, we will contact you when your personal information is shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to opt out to prevent the sharing of this information.
Children Under 18 Years of Age
You must be 13 years and older to register to use the Football Nation website. As a result, Football Nation does not specifically collect information about children. If we learn that Football Nation has collected information from a child under the age of 13, we will delete that information as quickly as possible. We recommend that minors between the ages of 13 and 18 ask and receive their parents' permission before using Football Nation or sending information about themselves or anyone else over the Internet.
Conditions of Use
1. ACCEPTANCE OF TERMS
3. DESCRIPTION OF SERVICE
Football Nation provides services and content relating to the world of professional, college and fantasy football, as described more fully on the Site (the "Service"). The Service shall include, but not be limited to, any service and content Football Nation performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively "Content"). Football Nation may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Football Nation may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You can browse Football Nation and enjoy the Content without registering. In order to post any Content or access certain features of the Service, you must register with Football Nation (which may include connecting to Football Nation through a third-party service) and select a password and screen name ("Football Nation User ID"). You may not select or use as a Football Nation User ID a name that is offensive, vulgar or obscene. Football Nation reserves the right to refuse registration of, or cancel a Football Nation User ID in its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your Football Nation password.
You are solely responsible for the activity that occurs on your account. You must notify Football Nation immediately of any breach of security or unauthorized use of your account. Although Football Nation will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Football Nation or others due to such unauthorized use.
By providing Football Nation your email address (including by connecting to Football Nation through a third-party service) you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. You may opt out or change the frequency of certain email communications from Football Nation by using our “Contact Us” form, with the word "No email" in the subject field, or by sending mail to the following postal address:
188 Needham St, Suite 255, Newton, MA 02464
Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of certain Service-related notices.
The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes.
6. USER CONDUCT
By way of example, and not as a limitation, you agree not to use the Service:
1. to abuse, harass, threaten, impersonate, or intimidate other Football Nation users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Service;
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 from any Football Nation user;
5. to create or submit unwanted email ("Spam") to any other Football Nation users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interefere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
9. with the intention of artificially inflating or altering the 'writer rankings', or participating in any other organized effort that in any way artificially alters the results of Football Nation's services.
Football Nation may remove any Content or deactivate any Football Nation account 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 at all.
7. USER CONTENT
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service (your “User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy. Football Nation reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
Football Nation takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Football Nation is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Football Nation shall not be liable for any damages you allege to incur as a result of such User Content.
We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which Football Nation may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Football Nation. While Football Nation may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that Football Nation does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Football Nation may make about your User Content are only suggestions, based on our understanding of how users typically access Content and use the Service. You are not required to implement any suggestion made by Football Nation regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that Football Nation does not participate in the creation of any of your User Content.
You are solely responsible for your interactions with other Football Nation Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
8. LICENSE GRANT
By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to Football Nation a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
9. OUR PROPRIETARY RIGHTS
12. WARRANTY DISCLAIMERS
You acknowledge that Football Nation has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Football Nation from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Football Nation makes no representations concerning any content contained in or accessed through the Service, and Football Nation will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FOOTBALL NATION, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
FOOTBALL NATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FOOTBALL NATION SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOOTBALL NATION WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL FOOTBALL NATION, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF FOOTBALL NATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL FOOTBALL NATION BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Football Nation makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you wish to terminate your Football Nation account, you may discontinue using the Service by sending a message through our “Contact Us” form with the words "Terminate account" in the subject field, by following the instructions (if any) on the Site, or by sending mail to the following postal address:
188 Needham St, Suite 255, Newton, MA 02464
Football Nation may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by Football Nation in our sole discretion. Football Nation reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement. Football Nation is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.