FANTASYSPORTSMARKET.COM
This agreement contains all of the Terms and Conditions ("Terms" or “Agreement”) between 24th Parallel Incorporated ("FSM") and User (hereinafter defined) and governs the use of the services offered at FantasySportsMarket.com web site ("Site"). You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site. Use of the Site constitutes an agreement to these Terms. By using this Site, all Users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. We reserve the right, at our discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
NON-GAMBLING
USERS MAY NOT USE THIS SITE IN CONNECTION WITH ANY FORM OF GAMBLING GAMES OR CONTESTS, AS DEFINED BY FEDERAL AND APPLICABLE STATE LAWS FROM TIME TO TIME. SUBJECT TO FEDERAL AND APPLICABLE STATE LAWS, USERS MAY ONLY USE THIS SITE IN CONNECTION WITH GAMES OR CONTESTS WHERE NO FANTASY OR SIMULATION SPORTS TEAM IS BASED ON THE CURRENT MEMBERSHIP OF AN ACTUAL TEAM THAT IS A MEMBER OF AN AMATEUR OR PROFESSIONAL SPORTS ORGANIZATION AND THAT MEETS THE FOLLOWING CONDITIONS:
I. All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
II. All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real world sporting or other events.
III. No winning outcome is based: on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; or solely on any single performance of an individual athlete in any single real-world sporting or other event.
1. General
The Site is an interactive online service (the "Service") on the World Wide Web of the Internet (address: http://www.fantasysportsmarket.com) operated by 24th Parallel Incorporated. The Service offers Users access to (i) information, software and other content owned or licensed by the Site and third-parties ("Content Providers"), and (ii) merchandise and services offered by the Site and independent merchants ("Merchants"). "User" means any person who uses the Service or establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is personal to the user and a User's Account is not transferable. Unless authorized by the Site, a User must be an individual who is at least eighteen (18) years of age and may not be a firm, business entity or institution. Except as expressly permitted in this Agreement, no portion of the Service (including any information, content or software other than software to be used solely in connection with User's Account) may be downloaded, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any User.
2. FantasySportsMarket.com is Only a Venue
FantasySportsMarket.com is only a venue. This Site acts as a venue for prospective commissioners to create their own leagues by posting basic league information (without the league rules) and prospective players to participate in such leagues to post their basic league profile and does not screen or censor the information offered. FSM is not involved in the actual transaction or interaction between such prospective commissioners and the respective players. As a result, FSM has no control over the quality, safety or legality of the leagues or league profiles posted nor the truth or accuracy of the listings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through the Site.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Site and that each person submitting a posting to the Site will be mindful and in full compliance with the associated pertinent legal obligations and restrictions. Users are solely responsible for their postings or any information they provided to the Site.
The Material (hereinafter defined) may contain inaccuracies or typographical errors. FSM makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
3. These Terms and Conditions May Change
FSM reserves the right to update or amend these Terms at any time. The amended Terms shall automatically be effective five (5) days after they are posted on the Site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. The last date these Terms and Conditions were revised is set forth below. FSM may, in its sole discretion, make changes to any aspect of this Site, including, without limitation, any Materials (hereinafter defined), any activities available on this Site, and any products or services offered through this Site.
4. Registration Information
To use some of our services, you may be prompted to complete a registration process. During the registration process, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the forms, (ii) to maintain and update this information to keep it true, accurate, current and complete, and (iii) notify us immediately of any unauthorized use of your account or any other breach of security and change your to avoid liability for any unauthorized charges to User's Account. If any information provided by you during the registration process is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the services. The User is responsible for ensuring that all use of the Service under the User's Account (i.e., use of the Service by any person using the User's ID and password) complies with the provisions of this Agreement. The User is responsible for maintaining the confidentiality of his or her password.
5. Fees
The User is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under the User's Account, including fees or charges incurred for league entries, processing fees and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card; and (ii) all fees and charges are non-refundable, except as permitted under these Terms. The User may, upon request (by electronic message or conventional mail), receive supporting information relating to charges to the User's Account. Orders for purchases of merchandise or Services advertised on the Service by Site or Merchants are subject to availability and acceptance. The Site is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by FSM.
Any credit card chargebacks will result in immediate suspension of the league until the league pays the original non-discounted fee for the service, plus an additional $25 processing fee.
6. Cancellation/Refund Policy
All leagues with more than one entry at the scheduled league start time are official and will begin as of the scheduled league start time. All leagues with zero or one entry at the scheduled league start time will be cancelled. In the event that there are insufficient entries, but no later than four weeks after the regular season start and provided that the User is not in breach of any of these Terms, Users belonging to such cancelled league can request for a refund minus all applicable transaction fees. If you are entered in a league that is cancelled, your account will be refunded the amount of your entry fee minus all applicable transaction fees. Simply send an e-mail to info@fantasysportsmarket.com and we’ll process your refund. FSM reserves the right to cancel any leagues with zero entries at anytime. FSM reserves the right to cancel leagues where excessive individual games or events have been canceled or postponed to where only one or fewer events or games from the league list can be completed in a reasonable amount of time.
7. Credit Card Fraud
If User uses another person's credit or debit card to purchase any service offered via the Site, and if the card number is processed by our system, and if the payment is charged back against us, and if the cardholder later indicates that your use of their card to make the purchase was without authorization, then you acknowledge using computers and computer networks located in New York County, NY (USA) to make such unauthorized transactions, and:
You irrevocably: (i) submit to personal jurisdiction and venue in the Circuit and District Courts of New York County, NY (USA), (ii) you waive any defense based on lack of personal jurisdiction or improper forum or venue, (iii) you consent to service of process by first class mail, fax transmission and/or email to your address registered with us, and (iv) you agree to pay all costs and expenses of enforcement, including attorney fees of not less than $1,000 per unauthorized purchase or transaction, or as otherwise determined by the Court, plus court costs and expenses of litigation.
8. Changes
FSM reserves the right, at any time, to (i) change the terms of this Agreement, (ii) change the Service, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the User, or (iii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any feature thereof. Users will be given a minimum of thirty (30) days notice prior to any increase in existing fees or charges becoming effective. All other changes shall be effective immediately upon notice. Any use of the Service under a User's Account after such notice shall be deemed to constitute acceptance by the User of the changes.
9. Service Content
The contents of this Site, such as text, graphics, designs, logos, trademarks, editorial content, data, formatting, HTML, look and feel, sounds, videos, images, logos, button icons, software and other contents (altogether, the "Material"), are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of FSM, its content suppliers, clients or other third parties. The compilation (meaning the collection, arrangement, enhancement and assembly) of all content on this Site is the exclusive property of FSM and protected by U.S. and international copyright laws.
“FSM Trademarks” shall mean any trademarks, trade dresses, service marks, slogans, logos, designs or other means of distinction used by FSM to designate the source of its goods or services from time to time, which includes “FantasySportsMarket.com.” FSM Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the FSM.
10. Limited License
Except as expressly permitted by this Agreement, the User may not copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The User may download or make a single copy of copyrighted materials solely for the User's own personal use, provided the User preserves any copyright or other notices contained in or associated with them. User may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other website or in a networked computer environment for any purpose. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from FSM is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these FSM is prohibited.
11. User Conduct
The User shall be responsible for, and assumes all liability associated with, any material made available via the Service under the User's Account, including liability for claims of infringement, libel and slander. The User shall not post, transmit through or otherwise make available via the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of FSM, any advertising or any solicitation with respect to products or services. Although FSM does not and cannot review every message posted by User on the Service, FSM shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may refuse to display or remove from the Service any material which FSM, in the exercise of its sole discretion, believes violates this Agreement. Material (defined as messages, stories, articles, or website addresses) authored by User or a user authorized by User under this Agreement ("User Material") that is posted, transmitted through or otherwise made available on the Service by the User in public posting areas (such as feedback, chat rooms or forums) shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by FSM (or another User) for any purpose without the permission of the User. User acknowledges that any User Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by FSM, and User waives all moral rights in such User Material.
12. Web Security Rules
User may not violate or attempt to violate the security of the Site or use the Site to violate the security of other sites by any method, including, without limitation: (i) accessing data not intended for User or logging into a server or account which User is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (iv) forging any Site packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FSM may investigate violations of the Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
13. Specific Prohibitive Uses
The Site may be used only for lawful purposes by individuals seeking players to participate in fantasy sports leagues. FSM specifically prohibits any use of the Site, and all Users agree not to use the Site, for any of the following:
(a) posting or providing any incomplete, false or inaccurate information (which includes any information requested by FSM to determine payout assignment if necessary pursuant to these Terms)
(b) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site;
(c) taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure;
(d) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from FSM on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
(e) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
(f) aggregating, copying or duplicating in any manner any of the materials or information available from the Site; and
(g) framing of or linking to any of the materials or information available from the Site.
FSM does not tolerate inappropriate use of the site or fraudulent activity. This will result in your profile being deleted.
14. No Endorsement
FSM shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized FSM spokesperson. Service advertisers, Content Providers, User, guests, independent writers and experts are not authorized FSM spokespersons. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
15. Uncompleted Payout Transaction—Resolution Policy
In the event that a league payout transaction is unlikely to be completed within a reasonable period of time due to commissioner being unavailable (if payout authorization method is “Commissioner’s Choice”) or league members do not unanimously agree on the payout assignment (if payout authorization method is “Unanimous Vote”), such league payout transaction will be completed by FSM, in its sole discretion, based on information which FSM shall request from Users, of which Users shall promptly provide to FSM. Information to be requested by FSM may include screen shots of the relevant web site providing the overall standings and scorings. FSM shall review such information “as is” and shall have no obligation to determine the accuracy, authenticity or completeness of such information. The decision of FSM shall be final, conclusive and binding on all affected league members. In the event that User belongs to a league herein described, User hereby expressly consent and agree to resolve the issue pursuant to this policy and release FSM (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16. User Conduct--Waiver
You agree not to use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER MATERIAL THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FSM WITH RESPECT THERETO.
17. Third Party Sites
Links from the Site to external sites (including external sites that are framed by FantasySportsMarket.com) or inclusion of advertisements do not constitute an endorsement by FantasySportsmarket.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users' reference and convenience. Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. FantasySportsMarket.com does not control such sites, and is not responsible for their content. Just because FantasySportsMarket.com has hyperlinks to such sites does not mean that FantasySportsMarket.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by FantasySportsMarket.com's Terms and Conditions and Privacy Policy. FantasySportsMarket.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold FantasySportsMarket.com harmless from any liability that may result from the use of links that may appear on the Site.
18. Privacy Policy
Click here to view our Privacy Policy.
19. Force Majeure
FSM is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, war, terrorism, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
20. Disclaimers and Limitation of Liability
THE USER AGREES THAT THE USE OF THE SERVICE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE ("SOFTWARE"), IS AT THE USER'S SOLE RISK. NEITHER FSM, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DOES FSM OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND FSM HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE USER'S SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE USER'S ACCOUNT. IN NO EVENT WILL FSM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the 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."
21. Indemnification
The User agrees to defend, indemnify and hold harmless FSM, its affiliates and Content Providers and their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable attorneys' fees, arising out of the User's use of the Service or the User's Account.
22. Termination
Either FSM or the User may terminate this Agreement and the User's Account at any time, with or without cause. In the event the User is dissatisfied with the Service for any reason whatsoever, the only right available to the User is to terminate the User's Account by contacting FSM pursuant to this Agreement. FSM may suspend or terminate User's Account, without notice, in the event of any breach by the User of this Agreement or for other conduct by the User which FSM, in its sole discretion, considers to be unacceptable. Suspension or termination of a User's Account means that the Service will no longer be accessible to the User. FSM shall not be responsible for any consequences of such lack of access. Suspension or termination of a User's Account by FSM also terminates the User's license to use any software provided by FSM. The provisions of this Agreement will survive the termination of the Agreement or the User's Account, whether by FSM or the User.
23. Notices
FSM may give notices to User, at FSM's option, by posting a message on the Service, by electronic or conventional mail or by any other means by which User obtain actual knowledge thereof. Notices by Users to FSM must be given by electronic or conventional mail. Notices to FSM by electronic mail must be sent to info@fantasysportsmarket.com. Notices to FSM by conventional mail must be sent to: 24th Parallel Incorporated, d/b/a FantasySportsMarket.com, 7 Stuyvesant Oval, Suite 5B, New York, NY 10009, Attention: Support. Notices by a User to FSM will not change the terms of this Agreement or any FSM operating rule, unless an authorized officer of FSM expressly accepts the change in writing.
Special Notice to California Users:
As required by California Code Section 1789.3, this notice is to advise you of the following: a. FantasySportsMarket.com is a service provided by 24th Parallel Incorporated, d/b/a FantasySportsMarket.com, 7 Stuyvesant Oval, Suite 5B, New York, NY 10009, telephone number (516) 578-0880, or (201) 452-5356 as a secondary number. b. The fees and charges for the Service vary depending on the games selected by the User. FSM reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on thirty days' notice to the Users of the Service. c. If you have a complaint regarding the Service or desire further information on use of the Service, contact FSM by telephone at (516) 578-0880, or (201) 452-5356 as a secondary number. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N112, Sacramento, California 95834 or by telephone at 1-800-952-5210.
24. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the FSM without restriction.
25. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
26. Governing Law; Forum for Disputes
Any controversy or claim relating to this Site, the Material, the User Material or this Terms and Conditions not otherwise resolved between you and FSM will be resolved in a cost effective manner through binding non-appearance-based arbitration conducted in New York, New York. Party shall initiate such 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: i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Any claim or cause of action that you may have with respect to this Site, the Material, the User Materials or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises or it will be forever barred. Notwithstanding anything to the contrary, any action or proceeding by FSM relating to your access to, or use of, this Site or any Material in accordance with this paragraph may be instituted by FSM in state or federal court in New York County, New York. Accordingly, you consent to the personal jurisdiction of the courts in New York County, New York with respect to all matters relating to your access to or use of this Site and the Material and waive your rights to removal or consent to removal. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. In the event FSM seeks injunctive relief, FSM shall be able to seek such injunctive relief without the necessity of posting a bond or proving the inadequacy of damages, and be entitled to the reimbursement of all costs and expenses (including reasonable attorneys fees) incurred in connection with the enforcement of the foregoing right.
27. Miscellaneous
This Agreement and the Privacy Policy constitute the entire and only agreement between FSM and the User with respect to the Service, and supersede all other communications and agreements with respect to the subject matter hereof. FSM may modify this Agreement from time to time upon notice, as described above. The provisions of this Agreement are for the benefit of FSM its Content Providers and their respective employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions directly on its own behalf. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Last Updated: August 1, 2010