Welcome to Fangraphs. Please read these Terms and Conditions before using, or submitting
content in any form or medium for publication on, Fangraphs. By continuing to use
us, or by submitting content for publication on Fangraphs, you agree to abide, and
that you are bound, by these Terms and Conditions. We reserve the right to change
these Terms and Conditions at any time, and you agree (including by virtue of your
continued use of our site) to be bound by any such changes. Unless explicitly stated
otherwise, any new features or functionality (including, without limitation, video
and related projects) that augment or enhance our site shall be subject to these
Terms and Conditions. The most current version of these Terms and Conditions can
be viewed at any time at: fangraphs.com.
1. ACCEPTANCE OF TERMS
Fangraphs Inc. ("Fangraphs") welcomes you. Fangraphs provides its service to you,
subject to the following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most current version of the
TOS at any time at:Terms of Service. In addition, when using particular Fangraphs
owned or operated services, you and Fangraphs shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to time. All
such guidelines or rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Fangraphs provides users with access to a rich collection of resources, including
forums, search services, personalized content, blogs, statistics, data and branded
programming through its network of properties which may be accessed through any
various medium or device now known or hereafter developed (the "Service"). You also
understand and agree that the Service may include advertisements and that these
advertisements are necessary for Fangraphs to provide the Service. You also understand
and agree that the Service may include certain communications from Fangraphs, such
as service announcements, administrative messages and the Fangraphs Newsletter,
and that these communications are considered part of Fangraphs membership and you
will not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the release
of new Fangraphs properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that Fangraphs assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. You are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Fangraphs has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Fangraphs has the
right to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
4. FANGRAPHS PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at: Privacy Policy. You
understand that through your use of the Service you consent to the collection and
use (as set forth in the Privacy Policy) of this information, including the transfer
of this information to the United States and/or other countries for storage, processing,
and use by Fangraphs and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify Fangraphs of
any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Fangraphs
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not Fangraphs, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make available
via the Service. Fangraphs does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Fangraphs be liable
in any way for any Content, including, but not limited to, for 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 Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Fangraphs
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas (such
as shopping rooms) that are designated for such purpose.
h. upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
l. provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through n above.
You acknowledge that Fangraphs may or may not pre-screen Content, but that Fangraphs
and its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or move any Content that is available via the Service. Without
limiting the foregoing, Fangraphs and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by Fangraphs
or submitted to Fangraphs, including without limitation information in Fangraphs
Forums or blogs, and in all other parts of the Service.
You acknowledge, consent and agree that Fangraphs may access, preserve, and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of Fangraphs, its
users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of these
materials is subject to usage rules set by Fangraphs and/or content providers who
provide content to the Service.
You may not attempt to override or circumvent any of the usage rules embedded into
the Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Fangraphs does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit, make available, or
post to our site, you grant Fangraphs the following world-wide, royalty free and
non-exclusive license(s), as applicable:
• Our site (including all text, photographs, graphics, video and audio content contained
on our site) is protected by copyright as a collective work or compilation under
the copyright laws of the United States and other countries, and we (subject to
the rights of our licensors and licensees under applicable agreements, understandings
and arrangements) have all rights therein. All individual articles, blogs, videos,
content and other elements comprising our site are also copyrighted works, and we
(subject to the rights of our licensors and licensees under applicable agreements,
understandings and arrangements) have all rights therein. You must abide by all
additional copyright notices or restrictions contained on our site.
• By posting or submitting content on or to our site (regardless of the form or
medium with respect to such content, whether text, videos, photographs, audio or
otherwise), you are giving us, and our affiliates, agents and third party contractors
the right to display or publish such content on our site and its affiliated publications
(either in the form submitted or in the form of a derivative or adapted work), to
store such content, and to distribute such content and use such content for promotional
and marketing purposes. Without limiting the generality of the foregoing, with respect
to any video submissions to us made by you from time to time, you understand and
agree that (unless you and we agree otherwise) we may, or may permit users to, based
solely on functionality provided and enabled by our website, compile, re-edit, adapt
or modify your video submission, or create derivative works therefrom, either on
a stand-alone basis or in combination with other video submissions, and (unless
you and we agree otherwise) you shall have no rights with respect thereto and we
or our licensees shall be free to display and publish the same (as so compiled,
re-edited, adapted, modified or derived) for any period.
• You shall be solely responsible for your own submissions and the consequences
of posting or publishing them. In connection with each of your submissions, you
affirm, represent, and/or warrant that: (I) 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 such submissions
to enable inclusion and use of such submissions in the manner contemplated by us
and these Terms and Conditions; and (II) you have the written consent, release,
and/or permission of each and every identifiable individual person in such submissions
to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of such submissions in the manner contemplated by us
and these Terms and Conditions. In furtherance of the foregoing, you agree that
you will not: (I) submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy and publicity
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 rights granted herein; (II)
publish falsehoods or misrepresentations that could damage us or any third party;
(III)submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations
of business. We reserve the right to remove or not publish submissions without prior
notice. You understand that when you submit content in any form to Fangraph we may
authorize such content to be distributed or syndicated to or published on other
Fangraphs-branded environments.
• With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service, the
perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works in any format
or medium now known or later developed.
• We are concerned about the integrity of our site when it is viewed in a setting
created by a third party that includes advertising or other materials that we have
not authorized to be displayed with the content of our site. Neither you nor any
third party shall make use of the contents of our site in any manner that constitutes
an infringement of our rights, including copyright or that has not been authorized
by us.
• 9. WE ARE AN INTERNET SERVICE PROVIDER, eg., WE ARE NOT RESPONSIBLE FOR AND DO
NOT NECESSARILY HOLD THE OPINIONS EXPRESSED BY OUR CONTENT CONTRIBUTORS
• Opinions and other statements expressed by users and third parties (e.g., bloggers)
are theirs alone, not opinions of Fangraphs. Content created by third parties is
the sole responsibility of the third parties and its accuracy and completeness are
not endorsed or guaranteed. You acknowledge that by providing you with the ability
to view and distribute content through our site, Fangraph is not undertaking any
obligation or liability relating to the content. Fangraphs and its affiliates, successors,
assigns, employees, agents, directors, officers and shareholders do not undertake
or assume any duty to monitor our site for inappropriate or unlawful content. Fangraphs
and its affiliates, successors, assigns, employees, agents, directors, officers
and shareholders assume no responsibility or liability which may arise from the
content thereof, including, but not limited to, claims for defamation, libel, slander,
infringement, invasion of privacy and publicity rights, obscenity, pornography,
profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Fangraphs
reserves the right to block or remove communications, postings or materials at any
time in our sole discretion.
10. INDEMNITY
You agree to indemnify and hold Fangraphs, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another. We reserve the right to
take over the exclusive defense of any claim for which we are entitled to indemnification
under this Section 10. In such event, you shall provide us with such cooperation
as is reasonably requested by us.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your Fangraphs I.D.),
use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Fangraphs may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
message board postings or other uploaded Content will be retained by the Service,
and the maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time. You agree that Fangraphs has no responsibility
or liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
Fangraphs reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that Fangraphs reserves the right to modify
these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
Fangraphs reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that Fangraphs shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
14. TERMINATION
You agree that Fangraphs may, under certain circumstances and without prior notice,
immediately terminate your Fangraphs account, and access to the Service. Cause for
such termination shall include, but not be limited to, (a) breaches or violations
of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, (f) extended periods of
inactivity, and/or (g) you have engaged in fraudulent or illegal activities. Termination
of your Fangraphs account includes (a) removal of access to all offerings within
the Service, (b) deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof), and (c) barring
further use of the Service. Further, you agree that all terminations for cause shall
be made in Fangraphs's sole discretion and that Fangraphs shall not be liable to
you or any third-party for any termination of your account, any associated email
address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that Fangraphs shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Fangraphs has no control over such sites and resources,
you acknowledge and agree that Fangraphs is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that Fangraphs shall
not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
17. FANGRAPHS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by Fangraphs or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
Fangraphs grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is provided
by Fangraphs for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. FANGRAPHS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FANGRAPHS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANGRAPHS
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FANGRAPHS SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF FANGRAPHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO GAMBLING.
If you intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning players or teams, please
read the above Sections 17 and 18 again. They go doubly for you. In addition, for
this type of information particularly, the phrase "Let the gambler beware" is apt.
The Service is provided for informational purposes only, and no Content included
in the Service is intended for gambling. Fangraphs and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be responsible or liable
for any gambling decisions made based on such information.
22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
23. NOTICE
Fangraphs may provide you with notices, including those regarding changes to the
TOS, by either email, regular mail, or postings on the Service.
24. TRADEMARK INFORMATION
The FANGRAPHS, Fangraphs logo, FANGRAPHS (in Chinese Characters), trademarks and
service marks and other Fangraphs logos and product and service names are trademarks
of Fangraphs Inc. (the "Fangraphs Marks"). Without Fangraphs's prior permission,
you agree not to display or use in any manner, the Fangraphs Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Fangraphs respects the intellectual property of others, and we ask our users to
do the same. Fangraphs may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers. If
you believe that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide
Fangraphs the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located on
the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your
Notice is accurate and that you are the copyright or intellectual property owner
or authorized to act on the copyright or intellectual property owner's behalf.
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Fangraphs
and governs your use of the Service, superseding any prior agreements between you
and Fangraphs with respect to the Service. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other Fangraphs
services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Fangraphs
shall be governed by the laws of the State of Virginia without regard to its conflict
of law provisions. You and Fangraphs agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Fairfax, Virginia.
Waiver and Severability of Terms. The failure of Fangraphs to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Fangraphs
account is non-transferable and any rights to your Fangraphs I.D. or contents within
your account terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
26. VIOLATIONS
Please report any violations of the TOS by submitting a
feedback form.
27.ANY DISPUTE BETWEEN US AND YOU WILL BE GOVERNED BY VIRGINIA LAW
• These Terms and Conditions shall be governed by the laws of the United States
and the State of Virginia, applicable to agreements made and to be performed therein
without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU
AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.