This Agreement sets forth the terms and conditions which apply to the use by you of the MyFootballNow.com Site (as defined below) and any other product or service offered for sale by Catalyst Productions and/or its affiliates (collectively "Catalyst").
The "MyFootballNow.com Site" shall mean all areas and any paid products and services offered or available on the interactive online service operated by Catalyst Productions on the World Wide Web. The MyFootballNow.com Site consists of a multi-player online game where the user manages one or more virtual football teams, using the interface located at the various sites offered by MyFootballNow.com.
Catalyst Productions shall have the right at any time to change or discontinue any aspect or feature of the MyFootballNow.com Site including, but not limited to, content, functionality, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the login page a revised version of this Agreement or notification by electronic mail. Any use by you of the MyFootballNow.com Site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
III. Use of the MyFootballNow.com Site
A. The MyFootballNow.com Site shall be used for lawful purposes only. No material shall be posted on or transmitted through the MyFootballNow.com Site which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Catalyst's judgement, restricts or inhibits any other user from using or enjoying the MyFootballNow.com Site.
B. The MyFootballNow.com Site contains copyrighted material, trademarks, and other propietary information including text, software, photos and graphics, and the entire contents of the MyFootballNow.com Site is copyrighted as a collective work under the United States copyright laws. Catalyst Productions is the owner of the copyright in the entire MyFootballNow.com Site. Catalyst owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the MyFootballNow.com Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the MyFootballNow.com Site without the express permission of Catalyst and the copyright owner.
C. You shall not upload, post or otherwise make available on the MyFootballNow.com Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting, or submission.
D. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Catalyst considers to be offensive.
E. You may not create more than one user account. Instances of multiple accounts by the same person are strictly prohibited and grounds for immediate termination and blocking access from the site.
G. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the MyFootballNow.com Site and all charges related thereto.
Catalyst shall have the right, but not the obligation, to monitor the content of the MyFootballNow.com Site to determine compliance with this Agreement and any other operating rules that may be established by Catalyst from time to time. Catalyst shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the MyFootballNow.com Site. Without limiting the foregoing, Catalyst shall have the right, but not the obligation, to remove any material that Catalyst finds to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding this right of Catalyst, users shall remain solely responsible for the content of their uploads and postings. You acknowledge and agree that neither Catalyst nor any of its affiliates shall assume or have any liability for any action or inaction by Catalyst with respect to any conduct within the MyFootballNow.com Site or any communication, uploads or posting on the MyFootballNow.com Site.
V. Disclaimer of Warranty; Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THE MYFOOTBALLNOW.COM SITE IS AT YOUR SOLE RISK. NEITHER CATALYST, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE MYFOOTBALLNOW.COM SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MYFOOTBALLNOW.COM SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE MYFOOTBALLNOW.COM SITE.
B. THE MYFOOTBALLNOW.COM SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTANED IN THIS SECTION V APPLY TO ANY DAMAGES OR INJURY CAUSED BY 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CATALYST IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL CATALYST OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MYFOOTBALLNOW.COM SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MYFOOTBALLNOW.COM SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION V SHALL APPLY TO ALL CONTENT ON THE MYFOOTBALLNOW.COM SITE. CATALYST'S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO CATALYST.
E. CATALYST NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE MYFOOTBALLNOW.COM SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING OR UPLOAD MADE ON THE MYFOOTBALLNOW.COM SITE BY ANYONE OTHER THAN AUTHORIZED CATALYST EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL CATALYST BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE MYFOOTBALLNOW.COM SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFILNESS OF ANY INFORMAITON, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE MYFOOTBALLNOW.COM SITE.
You agree to defend, indemnify and hold harmless Catalyst, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the MyFootballNow.com Site.
Catalyst shall have the right to immediately terminate this Agreement with respect to any user which Catalyst, in its sole discretion, considers to be unacceptable, or in the event of any such breach by you of this Agreement. The provisions of sections V, VI, VII, VIII and X shall survive termination of this Agreement.
All trademarks appearing on the MyFootballNow.com Site are the property of their respective owners, including, in some instances, Catalyst Productions.
IX. Paid Services and Game Credits
A. Game Credits. Participating in an online game and/or creating a custom leage requires redemption of of game credits. Upon creation of your account, you will receive a number of game credits which may be used for this purpose. Once each day, any accounts with fewer than five game credits will be given enough credits to bring the balance up to five credits. Any account with five or fewer game credits will display advertising banners on all pages while logged in. Additional credits may be purchased at any time, and Catalyst may distribute additional game credits as it sees fit. Users who maintain a credit balance of 6 or more will be able to join or renew one league per day without reducing their credit balance. Game credits are non-refundable and non-transferable.
B. Credit Expiration. Game credits do not expire and remain in your account until they have been redeemed.
C. Payment Terms. Game credits may be purchased on the site using a credit card and will be charged in U.S. dollars.
D. Changed Terms. Catalyst shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Site or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the MyFootballNow.com Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your account as provided in subsection C below. Any use of the Site by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions.
C. Termination. Either you or Catalyst may terminate this Agreement at any time. Your only right with respect to any dissatisfation with (i) any terms and conditions of this Agreement, or policy or practice of Catalyst in operating the MyFootballNow.com Site, (ii) content available through the Site or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this agreement by closing your account. Notice of termination will be effective upon reciept of Catalyst. Without limiting the foregoing, Catalyst shall have the right to immediately terminate this Agreement with respect to any user which Catalyst, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or canceled, no refund of any fees, including monthly or annual membership fees or purchased game credits, will be granted. The provisions of Sections V, VI, VII, VIII and this Section X shall survive termination of this Agreement. Fees paid for any Game Credits are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Catalyst for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection C of this Agreement in which you identify the termination as resulting from changed terms, Catalyst shall make a pro rata refund to you.
This Agreement and any operating rules for the MyFootballNow.com Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Oklahoma. No wavier by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings herein are for convenience only and shall not be given any legal import.