TERMS OF USE

1. ACCEPTANCE OF TERMS

Welcome to Pigskin Boss. The web pages available at www.pigskinboss.com, and all linked pages ("Site"), are owned and operated by Pigskin Boss, LLC ("Pigskin Boss," "we," or "us"), and is accessed and used by you under this Terms of Use agreement ("Terms of Use"). Please read these terms of use carefully before using Pigskin Boss. By accessing or using any part of the Site or any content or services on the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services on the Site.

2. MODIFICATIONS OF TERMS OF USE

Pigskin Boss reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend the Terms of Use, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

    

3. DESCRIPTON OF SERVICE

Pigskin Boss provides services and content relating to the world of fantasy football, as described more fully on the Site (the "Service"). The Service shall include, but not be limited to, any service and content Pigskin Boss 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, user polls, user articles, user accuracy rating, user information, player information, data, graphics, (collectively "Content"). Pigskin Boss may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Pigskin Boss may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

4. REGISTRATION

You can browse Pigskin Boss and enjoy the Content without registering. In order to post any Content or access certain features of the Service, you must register with Pigskin Boss (which may include connecting to Pigskin Boss through a third-party service) and select a password and username. You may not select or use a Pigskin Boss username that is offensive, vulgar or obscene. Pigskin Boss reserves the right to refuse registration of, or cancel a Pigskin Boss User ID in its sole discretion. When creating your account, you must provide accurate and complete information (including a valid e-mail address). You are responsible for maintaining the confidentiality of your Pigskin Boss password.

You are solely responsible for the activity that occurs on your account. You must notify Pigskin Boss immediately of any breach of security or unauthorized use of your account. Although Pigskin Boss will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Pigskin Boss or others due to such unauthorized use.

By providing Pigskin Boss your email address (including by connecting to Pigskin Boss 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 Pigskin Boss by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly at help@pigskinboss.com.

Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of certain Service-related notices.

5. ELIGIBILITY

You may only use the Service if you are at least 13 years old, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. If you are at least 13 but less than 18 years old, you certify that you have a parent’s or legal guardian’s consent to use the Service and be bound by these Terms of Use. Any registration, use or access to the Service by anyone under 13 is a violation of these Terms of Use and is strictly prohibited. If you do not so qualify, do not attempt to register for or use the Service.

6. USER CONDUCT

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Pigskin Boss.

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 Pigskin Boss 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 Pigskin Bosst user;
  5.       
  6. to create or submit unwanted email ("Spam") to any other Pigskin Boss users or any URL;
  7.       
  8. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  9.       
  10. to submit stories or comments linking to affiliate programs, multi-level marketing schemes or off-topic content;
  11.       
  12. 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;
  13. with the intention of artificially inflating or altering the 'accuracy rating', or participating in any other organized effort that in any way artificially alters the results of Pigskin Boss's services.

Pigskin Boss may remove any Content or deactivate any Pigskin Boss 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.

To report Terms of Use abuse, please email: help@pigskinboss.com

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. Pigskin Boss 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.

For the purposes of these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Pigskin Boss 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 post, 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 and interaction with the boss network. Pigskin Boss 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 Pigskin Boss shall not be liable for any damages you allege to incur as a result of such User Content.

Your User Content includes, without limitation, any post you provide via Pigskin Boss, whether by the “Submit Poll”, "Submit 200 words", "poll and 200 words comments" feature or otherwise. If you choose to share your content on Pigskin Boss, you acknowledge that in order to authenticate you as the owner of the content, we may require you to paste a confirmation code into the external template of your post that authenticates the blog as an authorized feed to the Service and places a badge on your post identifying you as a Pigskin Boss Affiliate. By pasting the confirmation code into your post template, you consent to post your post's content on the Service as User Content and to display the Pigskin Boss Affiliate badge on your post. You understand and agree that any post provided via the Service is subject to the User Content license set forth in these Terms of Use, and that your posts may have a different appearance when posted on Pigskin Boss than they do on your own site (if applicable).

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 Pigskin Boss 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 Pigskin Boss. While Pigskin Boss 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 Pigskin Boss does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Pigskin Boss 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 Pigskin Boss 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 Pigskin Boss does not participate in the creation of any of your User Content.

 

You are solely responsible for your interactions with other Pigskin Boss 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 Pigskin Boss a royalty-free, sublicensable, 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. Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, personal license to use the Service. Pigskin Boss reserves all rights not expressly granted herein in the Service and the Content. Pigskin Boss may terminate this license at any time for any reason or no reason.

9. OUR PROPRIETARY RIGHTS (our trademark info will go in this section)

The Service and Content, and all Intellectual Property Rights related thereto, are the exclusive property of Pigskin Boss and its licensors. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except that the foregoing does not apply to your own User Content that you legally post on the Service.

Use of the Content or materials on the Service for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

10. PRIVACY

We care about the privacy of our users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

11. INDEMNITY

You will indemnify and hold harmless Pigskin Boss, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Pigskin Boss Username, of any intellectual property or other right of any person or entity.

12. WARRANTY DISCLAIMERS

You acknowledge that Pigskin Boss 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 Pigskin Boss 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. Pigskin Boss makes no representations concerning any content contained in or accessed through the Service, and Pigskin Boss 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, PIGSKIN BOSS, 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.

PIGSKIN BOSS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PIGSKIN BOSS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PIGSKIN BOSS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because Pigskin Boss has no control over such sites and resources, you acknowledge and agree that Pigskin Boss 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 Pigskin Boss 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. You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL PIGSKIN BOSS, 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 PIGSKIN BOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL PIGSKIN BOSS 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. Pigskin Boss 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.

15. TERMINATION

Pigskin Boss may terminate or suspend the Service in whole or in part and/or your Pigskin Boss account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Service will immediately cease.

If you wish to terminate your Bleacher Report account, you may discontinue using the Service by sending an email message to help@pigskinboss.com with the words "Terminate account" in the subject field or by following the instructions (if any) on the Site. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Pigskin Bosst in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Pigskin Boss 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 Pigskin Boss in our sole discretion. Pigskin Boss 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. Pigskin Bioss 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. We recommend that you add info@pigskinboss.com to your email address book to help ensure you receive email notifications from us.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Pigskin Boss's prior written consent. Pigskin Boss may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if this agreement was made within California between two residents thereof, and except for disputes submitted for arbitration pursuant to the following paragraph, the parties submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that these Terms of Use, together with any amendments and any additional agreements you may enter into with Pigskin Boss in connection with the Service, constitute the complete and exclusive statement of the mutual understanding of the parties, and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use.

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.