This agreement was written in English (US).
Date of Last Revision: January 29, 2012
Statement of Rights and Responsibilities
PLEASE READ CAREFULLY
ANY OTHER POLICIES FIRST ROUND EXCHANGE MAY PUBLISH FROM TIME TO TIME.
BY REGISTERING FOR, ACCESSING, BROWSING, OR USING FIRST ROUND EXCHANGE,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND
BY ALL SUCH RULES, TERMS AND POLICIES INCLUDING ANY ADDITIONAL GUIDELINES
AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT
ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE
YOUR USE OF THE SITE.
- First Round Exchange Statement of Principles and Your Responsibilities
First Round Exchange and the other fantasy sports games and online services we offer are just that, games for people like us who eat, breathe and live sports. Most of our games are for people who can’t even wait for the season to begin and need to start pouring over data months ahead of time. The games are strictly for fun, to test your skill against other sports fanatics and see who can claim the greater skill. It is NOT gambling and the games and data generated by the game may not be used for any gambling purposes outside the game.
By using the First Round Exchange games and services you are agreeing and specifically represent and warrant that you will follow all the laws of your jurisdiction regarding gambling.
- Sharing Your Content and Information
You own all of the content and information you post on First Round Exchange, subject to any Contribution Policies and Agreement First Round Exchange may choose to issue or require. In addition:
- For content that is covered by intellectual property rights, like photos, videos and text you author ("IP content"), you specifically grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with First Round Exchange ("IP License") as we see fit. This IP License includes the right to resize, crop, enhance, include with advertisements or other IP Content and otherwise modify the IP Content and create derivative works of the IP Content you post.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). Not all content you post on First Round Exchange may be deleted. First Round Exchange, under the IP License, may choose to continue to display, distribute and otherwise use posted content in connection with the First Round Exchange service at its sole discretion.
- When you publish content or information on First Round Exchange, it means that everyone, including people off of First Round Exchange, will have access to that information and we may not have control over what they do with it.
- We always appreciate your feedback or other suggestions about First Round Exchange, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep First Round Exchange safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on First Round Exchange.
- You will not collect users' content or information, or otherwise access First Round Exchange, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on First Round Exchange.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, obtained illegally or that contains nudity or graphic or gratuitous violence.
- You will not post mature content without appropriate age-based restrictions.
- You will not use First Round Exchange to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of First Round Exchange, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
- Registration and Account Security
First Round Exchange users must provide their real names and information during registration, even though we permit the use of aliases on the service itself. You agree that:
- You will not provide any false personal information on First Round Exchange, or create an account for anyone other than yourself without permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use First Round Exchange if you are under 13.
- You will not use First Round Exchange if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username for your account or a First Round Exchange alias we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username or alias that does not closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on First Round Exchange that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on First Round Exchange if we believe that it violates this Statement.
- We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including First Round Exchange, FRX and the First Round Exchange Logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on First Round Exchange.
- You will not send email invitations to non-users without their consent.
- We may choose to provide mobile services for free or a fee, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on First Round Exchange within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
If you make a payment on First Round Exchange directly or through a payment service, you agree to our Payments Terms which may be posted from time to time.
- Special Provisions Applicable to Share Links
If we offer a content link to embed content posted on First Round Exchange on your website, blog, social networking site or other online service or if you use any First Round Exchange service to post content on your website, blog, social networking page or other online service on First Round Exchange, the following additional terms apply to you:
- We give you permission to use the IP Content and other content posted on First Round Exchange on your website.
- You give us permission to use links and content you post on your website on First Round Exchange.
- You will not place any sort of content link button on any page containing content that would violate this Statement if posted on First Round Exchange.
- About Advertisements on First Round Exchange
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- You understand that we may not always identify paid services and communications as such.
We can change this Statement at any time effective upon posting on the First Round Exchange site. We may in our discretion provide notice prior to a change or solicit user, advertiser or other input.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of First Round Exchange to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2-4, 6 and 8-17.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or First Round Exchange exclusively in a state or federal court located in Nashville, Tennessee. The laws of the State of Tennessee will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Davidson County, Tennessee for the purpose of litigating all such claims and waive any objection you may have to the jurisdiction, venue or convenience of such forum.
- If anyone brings a claim against us related to your actions, content or information on First Round Exchange, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- RELEASE OF CLAIMS. FIRST ROUND EXCHANGEIS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU ALSO WAIVE YOUR RIGHTS UNDER ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FIRST ROUND EXCHANGE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- EXCLUSION OF WARRANTIES
- NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT FIRST ROUND EXCHANGE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF FIRST ROUND EXCHANGE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
- IN PARTICULAR, FIRST ROUND EXCHANGE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF FIRST ROUND EXCHANGE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF FIRST ROUND EXCHANGE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF FIRST ROUND EXCHANGE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FIRST ROUND EXCHANGE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRST ROUND EXCHANGE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- FIRST ROUND EXCHANGE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY
- SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14. ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIRST ROUND EXCHANGE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON FIRST ROUND EXCHANGE;
(II) ANY CHANGES WHICH FIRST ROUND EXCHANGE MAY MAKE TO FIRST ROUND EXCHANGE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE FIRST ROUND EXCHANGE SERVICES (OR ANY FEATURES WITHIN SUCH SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF FIRST ROUND EXCHANGE;
(IV) YOUR FAILURE TO PROVIDE FIRST ROUND EXCHANGE WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THE LIMITATIONS ON FIRST ROUND EXCHANGE’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT FIRST ROUND EXCHANGE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- IN NO EVENT SHALL FIRST ROUND EXCHANGE’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF FIRST ROUND EXCHANGE, INCLUDING ITS SITE GAMES SERVICES AND SOFTWARE EXCEED FIVE HUNDRED DOLLARS (U.S.) ($500 USD) OR THE AMOUNT YOU HAVE PAID FIRST ROUND EXCHANGE IN THE PAST TWELVE MONTHS.
- General Legal Terms
- Sometimes when you use First Round Exchange, you may (as a result of, or through your use of the Site or First Round Exchange) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- The Terms constitute the whole legal agreement between you and First Round Exchange and govern your use of the First Round Exchange Site, games and other services (but excluding any services which First Round Exchange may provide to you under a separate written agreement), and completely replace any prior agreements between you and First Round Exchange in relation to the First Round Exchange Site, game and services.
- You agree that First Round Exchange may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the game and Sites.
- You agree that if First Round Exchange does not exercise or enforce any legal right or remedy which is contained in the Terms (or which First Round Exchange has the benefit of under any applicable law), this will not be taken to be a formal waiver of First Round Exchange’s rights and that those rights or remedies will still be available to First Round Exchange.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- You acknowledge and agree that each member of the group of companies of which First Round Exchange is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
- By "First Round Exchange" we mean the features and services we make available, including through (a) our website at www.firstroundx.com, www.playthedraft.com and any other First Round Exchange-branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); and (b) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "us," "we" and "our" we mean First Round Exchange LLC and its affiliates.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on First Round Exchange that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from First Round Exchange.
- By "post" we mean post on First Round Exchange or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into First Round Exchange at least once in the previous 30 days.
- By "application" we mean any application or website that that receives data from First Round Exchange.
You may also want to review the following documents:
- How to Report Claims of Intellectual Property Infringement
- How to Appeal Claims of Copyright Infringement
- Contest Rules
- Game Rules