Privacy Policy and TOS
1. ACCEPTANCE OF TERMS
FakieSports.com provides a collection of online resources, including products and various email services, (referred to hereafter as "the Service") subject to the following Terms of Service ("TOS"). You agreeing to comply with the TOS, by the use of the Service. Additionally, when using particular FakieSports.com services, you agree to abide by any applicable posted guidelines for all FakieSports.com services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with FakieSports.com in any way, your only recourse is to immediately discontinue use of FakieSports.com.
2. MODIFICATIONS TO THIS AGREEMENT
You must review this agreement on a regular basis to keep yourself apprised of any changes. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof.
3. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. You are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that FakieSports.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the FakieSports.com site and Content available through the Service may contain links to other websites, which are completely independent of FakieSports.com. FakieSports.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FakieSports.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that FakieSports.com does not pre-screen or approve Content, but that FakieSports.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The FakieSports.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of FakieSports.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties, all at your own risk.
You agree that FakieSports.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or transactions. If there is any kind of a dispute between participants on this site, or between users and any third party, you understand and agree that FakieSports.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FakieSports.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and /or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify FakieSports.com agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
admin@FakieSports.com, but under no circumstances is FakieSports.com responsible or liable for any such infringement and/or violation.
6. PRIVACY AND INFORMATION DISCLOSURE
FakieSports.com has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address: http://www.FakieSports.com/page/7.html.
Your use of the FakieSports.com website or the Service signifies acknowledgment of and agreement to our Privacy Policy and the TOS herein. You further acknowledge and agree that FakieSports.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; and protect the rights, property, or personal safety of FakieSports.com, its users or the general public.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
FakieSports.com email addresses or through FakieSports.com computer systems, which is expressly prohibited by these TOS, will use or cause to be used servers
located in Florida. Any unauthorized use of FakieSports.com computer systems
is a violation of the TOS and certain federal and state laws, including the laws of the State of Florida.
8. LIMITATIONS ON SERVICE
You agree that FakieSports.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that FakieSports.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FakieSports.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge that FakieSports.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service.
9. ACCESS TO THE SERVICE
FakieSports.com grants you a limited, revocable, and nonexclusive license to access and utilize the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by FakieSports.com.
A limited exception to (b) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing classified
ad listing services.
FakieSports.com permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOS,
absent express permission granted by FakieSports.com to do so. You may also
create a hyperlink to the home page of FakieSports.com sites so long as the
link does not portray FakieSports.com, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
FakieSports.com offers various parts of the Service in RSS format so that users
can embed individual feeds into a personal website or blog, or view postings
through third party software news aggregators. FakieSports.com permits you to
display, excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is forpersonal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to FakieSports.com as the source, (d) your use or
display does not suggest that FakieSports.com promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
FakieSports.com systems. FakieSports.com reserves all rights in the content of
the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access as described herein granted to you by FakieSports.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (whether for retail or commercial purposes) not stated herein, you must first obtain a license from FakieSports.com.
10. TERMINATION OF SERVICE
You agree that FakieSports.com, in its sole discretion, has the right (but not
the obligation) to delete, eliminate or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FakieSports.com believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that FakieSports.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the TOS.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FAKIESPORTS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FAKIESPORTS.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FAKIESPORTS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FAKIESPORTS.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FAKIESPORTS.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FAKIESPORTS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE FAKIESPORTS.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FAKIESPORTS.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FAKIESPORTS.COM SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FAKIESPORTS.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FAKIESPORTS.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FAKIESPORTS.COM SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE FAKIESPORTS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE FAKIESPORTS.COM SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FAKIESPORTS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FAKIESPORTS.COM SITE OR THE SERVICE OR ANY LINKS ON THE FAKIESPORTS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FAKIESPORTS.COM SITE
OR THE SERVICE OR ANY LINKS ON THE FAKIESPORTS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
13. INDEMNITY
You agree to indemnify and hold FakieSports.com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOS, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
14. GENERAL INFORMATION
You and FakieSports.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward County, Florida. The TOS constitute the entire agreement between you and FakieSports.com and govern your use of the Service, superseding any prior agreements between you and FakieSports.com. The TOS and the relationship between you and FakieSports.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. The failure of FakieSports.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties&undefined; intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS, by flagging the posting(s) for
review, or by emailing to:
admin@FakieSports.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for FakieSports.com to pursue legal action to enforce the TOS, you will be liable to pay FakieSports.com the following amounts as liquidated damages, which you accept as reasonable estimates of FakieSports.com damages for the specified breaches of the TOS:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that personŐs explicit consent, you agree to pay FakieSports.com one thousand dollars ($1,000) for each such message.
This provision does not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If FakieSports.com establishes limits on the frequency with which you mayaccess the Service, or terminates your access to or use of the Service, you
agree to pay FakieSports.com one hundred dollars ($100) for each message posted
in excess of such limits or for each day on which you access FakieSports.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements or any other form of communication to FakieSports.com email addresses or through FakieSports.com computer systems, you agree to pay FakieSports.com twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOS, other than as described
above, you agree to pay FakieSports.com one hundred dollars ($100) for each
Item of Content posted. In its sole discretion, FakieSports.com may elect
to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the
TOS, in addition to any liquidated damages under clause (d), you agree to
pay FakieSports.com one hundred dollars ($100) for each and every Item of Conent
posted in violation of the TOS. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOS) agrees to pay FakieSports.com an additional one hundred
dollars ($100) for each Item of Conent posted by the Posting Agent on
behalf of the principal in violation of the TOS.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of the TOS without FakieSports.com express written permission, you agree to pay FakieSports.com three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay FakieSports.com actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOS, FakieSports.com retains the right to seek the remedy
of specific performance of any term contained in the TOS, or a preliminary
or permanent injunction against the breach of any such term or in aid of the
exercise of any power granted in the TOS, or any combination thereof.
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