Your Acceptance of These Terms of Service
The Services may contain mature content and are not intended for persons under the age of 13. If you are under the age of 13, unless your parent or legal guardian has consented as set out below, please do not use the Services. By using the Services, you affirm that you are at least 13 years old or older and are fully able and competent to enter into these Terms of Service, or if you are under 13 years old that your parent or legal guardian has consented to your use of these Services and accepted these Terms of Service on your behalf. If you have authorized a minor to use the Services, you agree that you are fully responsible for the conduct of the minor (including the consequences of any misuse of the Services by the minor), and for controlling his or her access to the Services. You acknowledge that we have no obligation to monitor the Services or any content accessible through the Services.
These Terms of Service apply to all users of the Services, including users who are also contributors of information, and other materials or services on the Services. The Services may contain third party advertisements or materials, and/or links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third party websites. In addition, we do not and cannot censor or edit the content of any third party website. When you visit third party websites, we encourage you to read the terms and conditions and privacy policies of the other websites. By using our Services, you expressly release us from any and all liability arising from your use of any third party website or as a result of any third party presence on our Services.
Your Access to the Services
We grant you permission to use the Services, in accordance with these Terms of Service, provided that: (i) your use of the Services is only for your personal, non-commercial purposes; (ii) you do not copy or distribute any part of the Services in any medium without our prior written authorization; (iii) you do not alter or modify any part of the Services other than as may occur during your proper use of the Services for their intended purpose; and (iv) you comply with these Terms of Service including all of the User Conduct rules set out below.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Services at any time for any reason without prior notice to you and without any liability to you for doing so. We may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any specific features or content, without prior notice and without liability to you for doing so.
We do not permit copyright infringing activities or the infringement of intellectual property or other proprietary rights (including privacy and publicity rights) in connection with the Services, and we will remove all content and user submissions if properly notified that such materials infringe on a person’s intellectual property right. You agree that you will not submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights referred to in these Terms of Service. Accordingly, you affirm, represent and warrant that: (i) any materials you submit are wholly original to you, or to the extent they are not wholly original to you that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your submissions to enable inclusion and use of them in the manner contemplated by the Services and these Terms of Service; (ii) no payment, royalty or consent is required in connection with the rights granted to us in these Terms of Service; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of the submissions in the manner contemplated by the Services and these Terms of Service. We reserve the right to remove materials without prior notice and also to terminate your account and/or access to the Services if we believe that repeated violations of this section have occurred.
In addition to the copyright and intellectual property rules set out in these Terms of Service, your use of the Services and their interactive features is subject to your compliance with the following conduct guidelines:
• You may not to post, transmit, link to or otherwise distribute falsehoods or misrepresentations that could damage us or any third party.
• You may not to post, transmit, link to or otherwise distribute any material that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, violate the legal rights of any person (including publicity or privacy rights) or is otherwise inappropriate or would restrict or inhibit any other user from using or enjoying the Services. You may not post, transmit, link to or otherwise distribute material that exploits people under the age of 18 in a sexual or violent manner, solicits personal information from anyone under the age of 18, provides information about illegal activities, such as making or buying illegal weapons, violates someones privacy, or provides information relating to the creation of computer viruses or other harmful or disruptive components. You also agree not to post, transmit, link to or otherwise distribute in any way information, software or other material that infringes the intellectual property rights of any party.
• You may not post advertisements or solicitations of any business or commercial activity, including contests or sweepstakes. You may not submit any material that relates to or involves the transmission of unsolicited mass mailing, “spamming”, “junk mail” or “chain letters”.
• You may not impersonate or falsely suggest your association with another person, or submit materials in another persons name.
The Mobile Applications are made available to access the Services via a mobile device. We hereby grant you a personal, non-exclusive, non-transferable, limited license to install such Mobile Applications solely on the devices you will use to access the Services. You may not: (i) modify, disassemble, edit, decompile, reverse engineer or copy any Mobile Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer any Mobile Application to any third party or use any Mobile Application to provide time sharing or similar services for any third party; (iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of any Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (iv) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of any Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. We do not warrant that any Mobile Application will be compatible with your mobile device. Any third-party code that may be incorporated in any Mobile Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. We or our third party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copies thereof), and any intellectual property rights therein. Standard carrier data charges may apply to your use of the Mobile Applications. Your use of the software must comply with all applicable import and export control laws and regulations.
iTunes Mobile Applications
This section applies to Mobile Applications obtained from iTunes (the “iTunes Mobile Applications”), which terms are in addition to the other terms contained in these Terms of Service. You acknowledge and agree that these Terms of Service are between you and FPS, and not with Apple. Apple is not responsible for the iTunes Mobile Applications or the content thereof. Your use of the iTunes Mobile Applications must comply with the Usage Rules set forth for Licensed Applications in the App Store Terms of Service, which you acknowledge you have had the opportunity to review. The license granted to you to use the iTunes Mobile Applications is limited to a non-transferable license to use the iTunes Mobile Applications on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple is not responsible for providing any maintenance or support services with respect to any iTunes Mobile Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iTunes Mobile Application. Apple is not responsible for any product warranties. In the event of any failure of any iTunes Mobile Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes Mobile Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will not be Apple’s responsibility. We, not Apple, are responsible for addressing any claims you or any third party may have relating to any iTunes Mobile Application or your possession and/or use of any iTunes Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, solely to the extent required by applicable law. In the event of any third party claim that any iTunes Mobile Application or the your possession and use of such application infringes that third party’s intellectual property rights, Apple will bear no responsibility for any investigation, defense, settlement or discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to iTunes Mobile Applications, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce same against you as a third party beneficiary thereof.
You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or services linked to these services and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the services; (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through the services by any third party; or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
- To the maximum extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors (collectively, the “fps parties”) be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, tort (including negligence), strict liability or otherwise, arising out of the use of or inability to use these services or its content, or any product or service described or provided through the services. In no event shall any fps party be liable for any damages of any kind arising from the use of any hyperlinked website.
- In any event and without limiting the generality of the foregoing, the fps parties’ combined total liability to you for all damages, losses, claims and causes of action, shall be limited in the aggregate to $100.
- You agree that any cause of action arising out of or related to the services will be permanently barred if it does not commence within one (1) year after the cause of action accrues.
You agree to indemnify, defend and hold harmless the FPS Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of these Services by any other person, whether or not authorized by you; (ii) your breach of these Terms of Service, including any breach of your representations and warranties herein; and (iii) your violation of any law or the rights of any FPS Party or any third party arising out of your use of or inability to use the Services, the contents, any hyperlinked website, and any of the products and services made available on the Services thereof. We reserve the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with our and our designees’ defense of these claims, demands and actions.
Jurisdiction and Governing Law
We make no representation that the Services or the materials contained therein are appropriate or available for use in all locations. Those who choose to access the Services do so at their own risk and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
For Entertainment Purposes Only
FourPlay Football is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
FPS is not affiliated in any way with the National Football League or the National Collegiate Athletic Association. Product names, logos, brands or other trademarks displayed or referred to within FourPlay Football are the property of their respective owners and do not represent any affiliation, sponsorship, licensee, or otherwise with FourPlay Football.
If you have any questions or complaints regarding the Services, please contact us: [email protected]
Updated: June 12, 2015