Terms and Conditions
Last Updated: October 31, 2012
This Site is owned by Brand Affinity Technologies, Inc. (“BAT”). All of the content available on this Site, including but not limited to text, graphics, data, statistics, photographs, audio files, video and software (collectively, “Content”) is owned by BAT or its licensors or content providers. BRAND AFFINITY TECHNOLOGIES, the BAT logo, fantapper, the fantapper logo, printroom, FanPhotos, Fanoramic and @BAT are trademarks of BAT and may not be used without BAT’s prior written permission.
The name of each team or league names, logos, symbols, insignias, emblems, designs, uniforms, trademarks, and other identifications of a team or league, the team mascot and team dance team, and other similar items (collectively, “Team Brand Assets” or “League Brand Assets” as applicable) are owned by and used with permission from such team or league or their rights holders.
The name of each athlete, his or her voice, likeness and rights of publicity and privacy, and all nicknames, biographical information, and/or other identifying features (“Athlete Brand Assets”) are owned by and used with permission from such athletes or their rights holders.
The name of each celebrity, his or her voice, likeness and rights of publicity and privacy, and all nicknames, biographical information, and/or other identifying features (“Celebrity Brand Assets”) are owned by and used with permission from such celebrities or their rights holders.
Certain statistical information is owned and provided under license by SportsDirect Inc.
The Content and Talent Brand Assets are protected by laws governing copyright, trademark, rights of privacy or publicity, and other intellectual property rights.
Use of the Site
You must register to use portions of this Site.
Certain services available on this Site will require you to affirmatively accept additional terms and conditions specific to those services before proceeding with the use of such services. The acceptance of those additional terms and conditions will constitute a written agreement between you and BAT and/or the applicable licensor or content provider.
BAT reserves the right to suspend or terminate your use of the Site or any service available through this Site at any time, without notice, for any reason, in BAT’s sole discretion.
You may not register on behalf of another person or entity unless you are expressly authorized by such person or entity to do so.
By maintaining an account to use the Site, you agree to: (a) provide accurate and complete user information; (b) promptly update your user information when changes occur; (c) maintain the security of your user name and password; and (d) immediately notify BAT if you become aware of any unauthorized use of your account or other breach of security.
You agree that BAT may use or disclose any information about you obtained through your registration or from your use of this Site to comply with law, to respond to a subpoena, court order or other legal process, or to protect the rights or property of BAT or its customers, licensors or content providers.
BAT reserves the right to terminate your account at any time, without notice, for any reason, in BAT’s sole discretion.
Linking to Our Site
We generally do not object to links made from third party web sites to the home page of our Site. Links to our Site should use our name, Brand Affinity Technologies, but not our trademarks. Without our prior written consent, (a) you may not link to any page of our Site other than the home page and (b) links may not be presented in any way that suggests we control, endorse or recommend the third party site, its content or any goods or services offered by the third party. You may not link to this Site if we notify you in writing to remove links to this Site. You may not use metatags or any other hidden text incorporating our name or trademarks without our prior written consent.
Links to Third Party Sites
This Site may contain links to web sites that are owned or operated by third parties. Clicking on a link to a third party site will cause you to leave this Site. All third party links are provided to you as a convenience. Third party sites are not endorsed or controlled by us and we are not responsible for the content of or any goods or services available through any third party site. We reserve the right to terminate any link at any time. We disclaim any liability for third party sites.
Notices of Alleged Infringement
We respect the intellectual property of others, and we ask you to do the same. If you believe your copyright, trademark, or other property rights have been infringed by the display of any Content, Talent Brand Assets or other material on this Site, please send a written notification to our Designated Agent for Notices of Infringement:
Brand Affinity Technologies, Inc.
Attn: Notice of Infringement
101 Academy Way, Suite 110
Irvine, CA 92617
Phone: (949) 242-7980
To be effective, the notification must be in writing and include:
• Identification of the copyrighted work or other right claimed to have been infringed;
• Identification of the Content, Talent Brand Assets or other material that is claimed to be infringing and information reasonably sufficient to permit us to locate such material;
• Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and if available, an e-mail address;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed.
Upon receipt of a valid notice of a claim of infringement, we may immediately remove the identified material from our Site without liability as provided in the Digital Millennium Copyright Act.
BAT may terminate the right to use this Site of any user who BAT believes may be infringing the intellectual property rights of BAT or any third party.
Disclaimer and Limitation of Liability
THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND BAT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CUSTOMERS, LICENSORS AND CONTENT PROVIDERS EXCLUDE AND DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THIS SITE IS NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.
BAT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CUSTOMERS, LICENSORS AND CONTENT PROVIDERS WILL NOT BE LIABLE TO USERS OF THIS SITE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR ANY INTERRUPTION OR DISCONTINUATION OF THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES, OR ANY LOSS OF DATA, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR LOST PROFITS, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER A CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED (OR KNOW OR SHOULD KNOW) OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF BAT OR ITS AFFILIATES TO YOU EXCEED $100.
BAT uses reasonable efforts to ensure the accuracy of the Content, but makes no representations or warranties as to the accuracy of any Content.
Some jurisdictions do not permit the exclusion of implied warranties or certain limitations on liability. Some of the disclaimers or limitations above may not apply to you to the extent they are prohibited by law.
How to Contact Us
You can contact us by email at email@example.com or by calling (949) 242-7980.