TERMS AND CONDITIONS OF USE
THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL
INFORMATION
1. USER AGREEMENT
CHSG, LLC d/b/a Pay The Fan ("PTF") maintains this Web site (the
"Site") for your individual entertainment. PTF is pleased to
offer you access to the Site and the ability to participate in exclusive
fantasy games and other contests, sweepstakes and promotions that PTF may from
time to time provide from the Site (each, a “Game” and, collectively,
the "Games"), subject to these Terms and Conditions of Use
(the "Terms"), the PTF privacy policy (the "Privacy
Policy") and the Official Game Rules and Regulations for each Game (the
"Rules" and together with the Terms and the Privacy Policy,
the "Agreements"). The Agreements set forth the legally
binding terms for your use of the Site and your participation in the Games. PTF may modify the terms of the Agreements
from time to time without notice to you and any modification shall be effective
upon the posting by PTF on the Site. You agree to be bound to any modifications
to the Agreements when you use the Site or participate in any Game after any
such modification is posted. It is
therefore important that you review the Agreements regularly to ensure you are
updated as to any modifications.
BY CHECKING THE "I ACCEPT
THE TERMS AND CONDITIONS OF USE" BOX INCLUDED AS PART OF THE REGISTRATION
FORM, OR ACCESSING OR USING ANY PART OF THE SITE, OR PARTICIPATING IN ANY GAME,
YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THE AGREEMENTS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE
AGREEMENTS, YOU MAY NOT COMPLETE YOUR REGISTRATION FORM AND YOU MAY NOT ACCESS
OR USE THE SITE OR PARTICIPATE IN ANY GAME.
PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT.
2.
ELIGIBILITY
To be eligible to participate in Games offered on the Site you must be: (i) a
legal resident of one of the fifty (50) United States or Washington D.C.; (ii) at
least eighteen (18) years of age or older, or the legal age required to
participate in the Games in any country, state or city (collectively, your “Jurisdiction”)
in which you reside and/or from which you access the Site or participate in the
Games, and (iii) a Registered User of the Site (as described in Section 3 below). Notwithstanding
the foregoing, if you are a resident of [
Employees,
officers, directors, agents, and representatives of PTF and their parents,
affiliates and subsidiaries, and each of their respective immediate family
(defined as parents, spouse, children, siblings, and grandparents) and any
person residing in the same household as such and sponsors and affiliates and
advertising and promotion agencies of PTF are NOT ELIGIBLE to win any prizes
offered in connection with the Games.
3. REGISTRATION FOR
SERVICES; ENTRY FEE NON-REFUNDABLE
To become a “Registered User” of the Site, you must successfully
complete the registration form located at http://www.paythefan.com/signup/step1_nojs.asp and pay the
applicable entry fee for each Game you intend to participate in, in each case identified
on the Site.
You may become a Registered User of the Site at any time; provided
that your chance of winning any prizes offered by PTF (as more fully described
on the Site and in the Rules) with respect to any particular Game may be
reduced if you fail to become a Registered User prior to the commencement of
such Game. Once submitted, your entry
fee becomes the sole property of PTF and will not be refunded or returned for
any reason. You agree to provide true, accurate,
current, and complete information about yourself as prompted during the
registration process. You acknowledge that, if any information provided by you
is untrue, inaccurate, not current, or incomplete, PTF reserves the right to
suspend and/or terminate your use of the Site and your participation in the Games.
As part of
the registration process, you will be asked to select a user name and password.
PTF
may refuse to grant you a user name that impersonates someone else, is or may
be illegal, is or may be protected by trademark or other proprietary rights
law, is vulgar or otherwise offensive, or may cause confusion, as determined by
PTF in its sole discretion. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES
(INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4.
REPRESENTATIONS, WARRANTIES AND COVENANTS REGARDING USE OF
THE GAMES
Each time you participate in any Game offered on the Site, you represent and
warrant that: (i) you are a legal resident of one of the fifty (50) United
States, Washington D.C. or Canada (excluding Quebec); (ii) you are at least
eighteen (18) years of age, or the legal age required to participate in the Games
in any Jurisdiction to which you are subject, whichever is higher; and (iii) the
information provided to PTF in connection with becoming a Registered User is
true, accurate, current and complete.
All such representations and warranties are relied upon by PTF. By becoming a Registered User, you authorize PTF
to make any and all inquiries as PTF in its sole discretion considers necessary
to verify the information provided by you.
PTF may require you to submit proof of age, identity and place of
residence as it may require, at any time.
PTF reserves the right to suspend and/or terminate your use of the Site
and your participation in the Games where it has grounds to suspect that any of
the information you have provided to PTF is untrue, inaccurate, not current or
incomplete. You maintain the
responsibility to promptly update your all such information to keep it true,
accurate, current and complete.
5.
RULES OF THE GAMES
Each Game shall be conducted pursuant to the Rules established for such Game. By assenting to these Terms, using this Site
and participating in the Games, you evidence your agreement with, and
understanding of, the Rules, a copy of which is accessible on the Site at http://www.paythefan.com/signup/rules.asp.
6.
PRIZES AND WINNER NOTIFICATION
PTF shall award prizes to the winners of such Game (the “Prize Winners”)
in accordance with the Rules for such Game.
Each Prize Winner will be notified by e-mail (or via U.S. mail, if
applicable) at the e-mail or regular mail address supplied by such Prize Winner
to PTF, and such Prize Winner will have fifteen (15) days from the date such
notification was sent to respond by following the instructions provided in such
notification. Each Prize Winner will be
required to submit valid identification to PTF and to execute those releases PTF
deems necessary, including but not limited to, an affidavit of eligibility, a
liability release and a publicity release (where permissible). Failure to
comply with these requirements may result in disqualification. PTF is not responsible for and shall not be
liable for a prize that is declined or undeliverable, or for any prize or prize
notification that is returned as undeliverable or if the Prize Winner fails to
timely return the above mentioned documentation. In any of these situations the original Prize
Winner will be disqualified.
Any prizes
won in connection with any Game are personal to you and are not transferable to
any other person.
7.
ANTICIPATED NUMBER OF REGISTERED USERS
The number of Registered Users permitted by the Site is unlimited, provided
that each Registered User successfully completes the registration form and pays the applicable entry fee for
each Game, in each case as described on the Site and in Section 3 above. Although
PTF cannot accurately predict the number of Registered Users that may
participate in each Game, it is conceivable that as many as 100,000 Registered Users may participate in
each Game. Your odds of winning any
prize awarded in connection with any Game depend on the number of Registered
Users for such Game. Notwithstanding the
foregoing, the value and number of prizes awarded for each Game (described in the
Rules) shall not vary based upon the number of Registered Users for each such
Game.
8.
USER PRIVACY
PTF respects your concerns about how it may gather and/or use personal
information, and PTF wants to protect your privacy. When you initially access
the Site, and on occasions when you access the Site thereafter, PTF may collect
certain data in addition to the data collected during registration for the Games.
The Privacy Policy will govern how PTF may collect and use this data. By
assenting to these Terms and using this Site, you evidence your agreement with,
and understanding of, the Privacy Policy, a copy of which is accessible on the Site
at http://www.paythefan.com/signup/privacy.asp.
9. CONSENT TO USE OF NAME, PICTURES AND LIKENESS
You hereby consent to
the creation and use of photographs, film, video tape, sound recording, and/or
other images and representations of you and your likeness, voice and statements
(jointly referred to as the “Images”) by PTF. Further, you agree that PTF shall own the
Images and all rights in and to the Images, and shall have the sole right to
seek any available legal protection in the Images. You agree that PTF shall have the worldwide,
perpetual and transferable right, in any form and/or media now known or
hereafter created, to: (i) use, copy, distribute, publish, perform, display,
edit, modify, alter, adapt, record or prerecord, distort, or prepare derivative
works using the Images or any portion thereof, in any manner whatsoever, alone
or with any other material(s); (ii) do so with or without your name and/or
biographical material as PTF sees fit for any lawful purposes (including but
not limited to advertising, trade, or promotional activities); (iii) allow
others to do the same; and (iv) sublicense, assign, or otherwise transfer the
Images and the rights granted herein as to the Images. For purposes of this Section 9, “PTF” shall refer to, collectively, PTF and
its subsidiaries, members and affiliated companies, agents, representatives,
successors or assigns, and/or any other person or firm working or affiliated
with PTF.
10.
CONTENT
The Site may contain text, images, audiovisual productions, opinions,
statements, facts, articles, or other information created by PTF or by third
parties ("Content"). Such Content is for your reference only
and should not be relied upon by you for any purpose. The Content may not be
copied, duplicated, distributed, downloaded (unless as required in order to
participate in a Game), sold or otherwise exploited by you in any way, except
as agreed to in writing by PTF. PTF is not
responsible for the Content's accuracy and reliability.
11.
USER CONTENT
PTF promotes and supports
active and open debate among its Registered Users through blogs, chat and/or
message boards, and other portions of the Site permitting content posted by
Registered Users (“User Content”).
You are permitted to post User Content so long as all of your postings
are done in a lawful and civil manner.
Accordingly, you may not: (i) post or transmit any material that is
abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing,
defamatory, or which discloses private or personal matters concerning any
person; (ii) post or transmit any material that you do not have the right to
transmit under law (such as copyright, trade secret or securities) or under
contractual or fiduciary relationships (such as nondisclosure agreements);
(iii) post, transmit, or link to sexually explicit material; (iv) impersonate
any person, or falsely state or otherwise misrepresent your affiliation with a
person or entity; (v) post or transmit any advertising, promotional materials,
or other forms of solicitation including chain letters and pyramid schemes;
(vi) intentionally violate any other applicable law or regulation while
accessing and using the Site; or (vii) post or transmit any file that contains
viruses, corrupted files, "Trojan Horses," or any other contaminating
or destructive features that may damage someone else's computer. PTF may at any time, without prior notice and
at our sole discretion, remove any post or terminate your membership for
violating the above provisions. As
stated in Section 14, you agree to indemnify PTF and hold PTF harmless
from any actions, claims, proceedings, or liabilities arising out of your breach
of any of the Agreements.
PTF does
not claim ownership of User Content; provided, however, you
hereby grant PTF a world-wide, royalty-free, non-exclusive, perpetual,
irrevocable, and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform, and display your User Content and to incorporate User Content in other
works in any form, media, or technology now known or later developed.
12.
LINKS AND ADVERTISING
From time to time, the Site will contain hyperlinks ("Links")
to third party Web sites and/or banner advertising and/or sponsorships operated
by or referring to third parties and their goods and services ("Advertising").
Such Links and Advertising are for your reference only, and PTF neither controls
such linked Web sites or Advertising nor is PTF liable or responsible for their
content. Display of such Links or Advertising on the Site does not imply or
express any endorsement by PTF or any individuals or entities referred to in
the Content on such linked Web sites, or of such Links or Advertising, or any
association with their operators. You may direct any comments or concerns that
you may have regarding any such Links or Advertising on the Site to PTF, as set
forth in Section 18. You are solely responsible for any charges or
obligations that may be incurred as a result of any dealings with such Web site
operators or Advertisers. Other Web sites may also have a link to the Site
posted on their Web site; you hereby acknowledge and agree that PTF is not
responsible for the content of any such Web site or the actions of any operator
of any such Web site.
13.
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
The Site and all materials on this Site including, without limitation,
software, images, text, graphics, illustrations, logos, photographs, audio,
videos and music (the "Intellectual Property") are or may be
protected under United States and worldwide copyrights trademarks, service
marks, patents, trade secrets or other proprietary rights and laws (collectively,
“Intellectual Property Rights”) that are owned or licensed, in whole or
in part, by PTF or otherwise used with permission of their respective owners. The Intellectual Property may not be
manipulated, edited, reproduced, performed, republished, uploaded to or
downloaded from, posted, transmitted, sold, transferred or otherwise
distributed or exploited in any manner whatsoever from this Site or any other Web
site owned or operated by PTF without its prior written consent, which may be
withheld in PTF’s sole discretion. Any manipulation of the Site or any portion
thereof or any of the Intellectual Property, or use of any of the foregoing for
any other purpose constitutes an infringement of PTF’s or the respective third
party owner’s Intellectual Property Rights. Any use of any portion of this Site or any
Intellectual Property on any other Web site or other networked computer
environment is prohibited without PTF’s prior written consent, which may be
withheld in PTF’s sole discretion. You represent you are the sole author and
proprietor of any information or ideas that you submit to PTF, and that no
information or ideas submitted by you has been registered for copyright
protection in any jurisdiction or has been previously published in any form.
14. USER INDEMNITY
You agree to defend, indemnify and hold harmless, PTF and its officers,
managers, agents, directors, affiliates, interest holders, stockholders,
employees and content providers from any claims, actions, losses, damages,
liabilities, judgments, settlements, and other costs and expenses (including
attorneys' fees and disbursements) arising out of or relating to: (i) your
breach or failure of your obligations under the Agreements, (ii) the placement
by you of a link to the Site on any Web site or in any e-mail, or (iii) your
use of the Site or participation in any activities arising from this Site,
including but not limited to, the Games. Such indemnity shall include any costs
and expenses incurred by PTF in any actions taken to enforce this indemnity.
15. DISCLAIMER OF WARRANTY;
LIMITATION OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT
OR OMISSION OF OURS OR ANY OF ITS OFFICERS, MANAGERS, AGENTS, DIRECTORS,
AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS, EMPLOYEES OR CONTENT PROVIDERS, ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER PTF NOR ANY OF
ITS OFFICERS, MANAGERS, AGENTS, DIRECTORS, AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS,
EMPLOYEES OR CONTENT PROVIDERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
THE SITE, THE CONTENT AND THE GAMES ARE PROVIDED "AS IS," AND
"AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH PTF OR THE SITE. PTF SPECIFICALLY
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY
WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION,
PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS.
NEITHER PTF
NOR ANY OF ITS OFFICERS, MANAGERS, AGENTS, DIRECTORS, AFFILIATES, INTEREST
HOLDERS, STOCKHOLDERS, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR YOUR
INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE CONTENT. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE
SITE OR SUBMITTED TO PTF. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, PTF’S POTENTIAL
LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN THE EVENT
THAT THIS SECTION 15 IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE,
YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST PTF OR ANY OF ITS OFFICERS,
MANAGERS, AGENTS, DIRECTORS, AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS,
EMPLOYEES OR CONTENT PROVIDERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL
CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION,
HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR
CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR PTF WITHOUT PTF’S EXPRESS
WRITTEN CONSENT.
16.
VALIDITY OF ELECTRONIC/INTERNET CONTRACTS
The Agreements shall have the same meaning, force and effect as if executed by
hand, and all of the laws to which a hand executed agreement are subject will
govern the Agreements. A printed version of the Agreements shall be admissible
in judicial or administrative proceedings based upon or relating to the
Agreements to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
17.
CHOICE OF LAW
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF NORTH CAROLINA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED
IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF.
18.
CONTACT
If you wish to contact PTF for any reason, please send your inquiries via (i)
U.S. mail to PTF’s principal place of business: CHSG, LLC, Attention:
President, 12359 Wedgwood Dr., Homer Glen, Illinois 60491, or (ii) via e-mail
to support@paythefan.com.
19. DISPUTE RESOLUTION
Every controversy or claim arising out of or relating to the Agreements or the
breach thereof (a “Dispute”) shall be resolved by final and binding
arbitration instituted and conducted pursuant to the Commercial Arbitration
Rules of the American Arbitration Association (the “AAA Rules”), except
to the extent such rules are modified or altered by this Section 19. All
arbitration hearings shall be conducted in
20.
MISCELLANEOUS
The Agreements
constitute the entire agreement between you and PTF and supersede all prior or
contemporaneous communications and proposals, whether electronic, oral, or
written, between you and PTF with respect to the Site and the Games.
Waiver of
any breach or default under any provision of the Agreements shall not be
effective unless it is in writing and executed by PTF, and shall not be deemed
to be, and shall not be, a waiver of any subsequent or continuing breach of, or
default under, such provision or of any other provision.
If any
provision of the Agreements is deemed invalid or unenforceable for any reason,
such provision shall be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the Agreements shall continue in full force and effect.
You agree
that the Agreements and all incorporated agreements may be assigned by PTF, in
its sole discretion, to any third party.
Paragraph
headings are solely for the convenience of reference and shall not be given any
weight or effect in the interpretation or construction of the Agreements.
Use of the
Site is unauthorized in any jurisdiction that does not give effect to all
provisions of the Agreements, including without limitation this Section 20.
This
Agreement is in effect and was last updated on July 27, 2007.
Copyright © 2007 CHSG, LLC. All rights reserved.