Fox Sports Net, Inc. Terms of Use Agreement

Welcome to the web site located at Round Ball Debates of Perfection (the "Site"), which is operated by National Advertising Partners, a New York general partnership (“NAP”) and TeamWorks Media, Inc. (doing business as Nology Interactive) (“Nology Interactive”) on behalf of Fox Sports Net, Inc. Materials on the Site are owned or licensed by either NAP or Nology Interactive. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Nology Interactive and/or NAP. The services offered on the Site include any features, content, or applications offered from time to time by NAP and/or Nology Interactive in connection with the Site (collectively, the "Site Services"). The Site is hosted in the United States of America.

NAP has created this Site for your personal enjoyment and entertainment and may the Site not be used in connection with any form of gambling or wagering. These Terms of Use constitute a legal agreement ("Agreement") between you and NAP. By using the Site, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Subscriber" (which means that you have registered to participate in a contest, sweepstakes, game and/or promotion). The term "User" refers to a Visitor or Subscriber. You are only authorized to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Site Services immediately.

If and when you register to become a Subscriber on the Site, you agree to provide true, accurate, complete, and current information (such information being the "Registration Data"). You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, NAP reserves the right to terminate your use of the Site and Site Services. 

This Agreement includes NAP’s policy for acceptable use of the Site Services, your rights, obligations and restrictions regarding your use of the Site, and incorporates by reference this Site’s Privacy Policy and the Sweepstakes Rules. In order to participate in certain Site Services, you may be notified that you are required to agree to additional terms and conditions. NAP may modify this Agreement from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to this Agreement when you use the Site Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. 

NAP reserves the right, in its sole discretion to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. NAP expressly reserves the right to restrict, suspend, or terminate your access to any part of Site if NAP determines, in its sole discretion that you pose a threat to NAP and/or its Users.

  1. Eligibility. Use of the Site Services is void where prohibited. By using the Site Services, you represent and warrant that: (a) all Registration Data you submit is truthful and accurate; (b) if you are a Subscriber, you are 18 years of age or older; and (c) your use of the Site does not violate any applicable law or regulation. Your use may be terminated without warning, if we believe that you are under 18 years of age.

  2. Term. This Agreement shall remain in full force and effect while you use the Site Services or are a Subscriber. NAP may terminate your use of the Site at any time, without warning. Even after use of the Site is terminated, this Agreement will remain in effect.

  3. Non-commercial Use. The Site Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by NAP. Illegal and/or unauthorized use of the Site Services, including collecting email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Site Services.

  4. Proprietary Rights in Content on the Site.

    1. The Site Services contain text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively “Content”) of NAP (“NAP Content”). NAP Content is protected by copyright, trademark, patent, trade secret and other laws, and NAP owns and retains all rights in the NAP Content. The Site Services may also contain Content of a third party (“Third Party Content”). Third Party Content is protected by copyright, trademark, patent, trade secret and other laws, and any such third party owns and retains all rights in the respective Third Party Content. As between you and NAP, NAP owns and retains all rights in the Site Services.  NAP hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the NAP Content solely for your personal use in connection with viewing the Site and using the Site Services.  You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
    2. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Site Services.

  5. Unsolicited Submissions.  NAP does not knowingly accept, via this Site or otherwise, unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. NAP’s policy is to simply delete any such submission without reading it or forwarding it to other NAP staff. Therefore, any similarity between an unsolicited submission and any elements in any NAP creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

    If unsolicited submissions are sent to NAP via this Site, however, such submissions become the property of NAP and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as NAP sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against NAP, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

  6. Sweepstakes and/or Contests.  Sweepstakes, contests, games and other promotions run on the Site may require the User or Subscriber to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. NAP may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the User in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by NAP to use the personally identifiable information solely for the specific sweepstakes and/or contest related purpose for which it was requested, and in compliance with the Site’s Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. NAP’s sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. NAP requires proof of age in order for an individual to collect any prizes awarded. Individuals may only be a prize winner once in any ninety (90) day period. By entering any NAP sweepstakes, contests, games and other promotions and/or accepting any prize, or any portion thereof you agree to: (a) be bound by the applicable  rules; (b) release NAP and their agents, and their parent companies, subsidiaries, distributors, affiliates, advertising and promotion partners,  fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members (collectively “Releasees”) from all liability, claims, action, or proceedings relating to the Sweepstakes, contests, games and other promotions and from injuries or damages arising in connection with or relating to participation in the Sweepstakes, contests, games and other promotions, or use or misuse of any prize, or portion thereof.

  7. Privacy. Use of the Site Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  8. Disclaimers. NAP is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site Services, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services. Inclusion of any linked website on the Site Services does not imply approval or endorsement of the linked website by NAP. When you access these third-party sites, whether or not sites operated by companies affiliated or connected with NAP, you do so at your own risk. When visiting any third-party sites you should refer to each such web site’s individual “Terms of Service” and not rely on this Agreement in any way. NAP takes no responsibility for third party advertisements which are posted on this Site or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. NAP is not responsible for the conduct, whether online or offline, of any User of the Site Services. NAP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User, Subscriber or Subscriber communication. NAP is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall NAP be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at a NAP event, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided "AS-IS" and as available and NAP expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NAP cannot guarantee and does not promise any specific results from use of the Site Services.

  9. Limitation on Liability. IN NO EVENT SHALL NAP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF NAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NAP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NAP FOR THE SITE SERVICES.

  10. Disputes. If there is any dispute about or involving the Site Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

  11. Indemnity. You agree to indemnify and hold NAP, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

  12. Other. This Agreement is accepted upon your use of the Site or any of the Site Services and is further affirmed by you becoming a Subscriber. This Agreement constitutes the entire agreement between you and NAP regarding the use of the Site Services. The failure of NAP to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. NAP is a trademark of Fox Sports Net, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

  13. Copyrights © / Trademarks (TM).  ©2008 Fox Sports Net, Inc. All NAP related trademarks are owned by 20th Century Fox and its related entities or are used under license. All rights reserved. All NAP Content contained in the Site Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited except as may otherwise be allowed for in this Agreement.

 Please contact us at: FuelTV.Privacy@fox.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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