1. Copyright Rights
The following terms and conditions govern your use of the information and content provided through the Pro Football Focus website, apps and other social media outlets, including any and all content provided through any subscription (the “Services”). Pro Football Focus owns or licenses all content provided through the Services.
The Services, and the content provided through the Services, are solely for your own individual use and informational purposes. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. You may not copy, reproduce, modify, create derivative works of, distribute, sell, display, transmit, publish, post or broadcast the Pro Football Focus Player Grades or any other content of the Services, whether in print or on television, radio or the World Wide Web, and nothing otherwise stated or implied in this Agreement or through the Services confers any license or right to do so. Systematic retrieval of data or any other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
2. Modification of This Agreement
We reserve the right to amend this Agreement at any time by posting an updated version to our website. You should therefore periodically visit this page to review the Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you must discontinue use of the Services.
3. Access to the Services
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access.
4. Registration, Username, Password, Security.
Registration. Registration may be required for certain pages of our website and for access to certain Services provided by Pro Football Focus (the “Subscription Products”). We will not grant any user access to any Subscription Products until such user has completed the necessary registration and paid the applicable subscription fees, if any, associated with access to the Subscription Products.
User Identity. Your username and password will be your identity for purposes of interacting with the Services and other users through the Services. In order to access the Subscription Products, you will be asked to provide your username and password.
Username, Passwords, and Password Access. You shall keep your username and password for the Services confidential and shall use your username and password solely in accordance with this Agreement. You shall not disseminate, distribute or otherwise share your username and password with any other person. You shall immediately notify us at [email protected] if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
Security Breaches and Revision. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify us by email at [email protected] You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
5. Billing and Renewal Policies
Your registration for any Subscription Product will be on either a month-to-month or year-to-year recurring basis, beginning on the date of your registration and continuing for recurring periods of either one month or one year, as the case may be, from the date of your registration unless and until you cancel your registration or we terminate it (in each case in accordance with this Agreement). You authorize us to collect the applicable subscription payment and applicable taxes each month or each year, as the case may be, of your subscription. You can cancel your subscription at any time, but you must cancel your subscription before it automatically renews in order to avoid being charged for subsequent subscription fees. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE PERIOD FOR WHICH YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR A SUCCESSIVE PERIOD OF EQUAL LENGTH TO YOUR ORIGINAL SUBSCRIPTION AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT AND APPLICABLE TAXES.
6. Special Terms and Conditions Applicable to Subscription Products and Other Services or Products Offered for Purchase
We reserve the right to modify the price of any Subscription Product and/or any other services or products offered for purchase through our website, apps or social media outlets. We are not responsible for any error in copy relating to any Subscription Product or any other services or products offered for purchase.
By accepting this Agreement, you agree that we may notify you about changes to prices and/or Subscription Products by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the informational pages of our website. It is your responsibility to notify us of any change in your e-mail address by logging into our website and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
7. Availability of Services
The availability of the content on the Services, including the Subscription Products, may be affected by a variety of factors, including game delays or cancellations, application of the National Football League's broadcast policy (which prohibits broadcast of football games under certain circumstances and in certain areas), technical problems or network delays, program rescheduling or other reasons. You agree that we are not obligated to provide you with any specific content under this Agreement.
8. Compliance with Laws and Regulations
You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from us. By accessing the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
9. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Services that:
- - is copyrighted;
- - reveals trade secrets;
- - infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- - is unlawful, obscene, indecent, sexually explicit, threatening, harmful, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or refers negatively to people or groups on the basis of their race, ethnicity, religion, sexual orientation, gender or similar characteristics;
- - contains false statements or misrepresentations that could damage you, us or a third party;
- - constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
- - contains viruses, Trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
- - use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the Services, or for purposes of registering for any promotions offered through the Services;
- - delete or revise any material or other information of any other user of the Services;
- - harvest, collect or send information about others, including e-mail addresses, without their consent;
- - take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Services;
- - use any device, software or routine to interfere or attempt to interfere with the proper working of one or more of the Services or any activity being conducted on our website;
- - use or attempt 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 the Services to harvest or otherwise collect information from the Services to be used for any commercial purpose;
- - allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
You further agree not to violate or attempt to violate the security of the Services, including, without limitation
- - accessing data not intended for you or logging into a server or account that you are not authorized to access;
- - attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- - attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Services;
- - sending unsolicited e-mail, including promotions or advertising of products or services; or
- - forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS AND HOURS OF OPERATION.
11. Limitation of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, OR ANY WEBSITE LINKED TO OR FROM THE SERVICES, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICES) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEBSITE LINKED TO OR FROM THE SERVICES OR ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
Upon our request, you agree to indemnify and hold harmless us and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders and other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of any of information that you submit, post to or transmit through the Services, your use of the Services, your use of any Subscription Products, your violation of this Agreement or your violation of any rights of another.
13. No Waiver
Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
14. No Professional Advice
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including, but not limited to, economic loss, injury, illness or death.
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Services, with or without notice and with or without cause. In addition, you may request that we terminate your access to any Subscription Product by e-mailing [email protected]. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Services and of this Agreement. If your access to a Subscription Product has been terminated, you may be entitled to a refund. Please contact us [email protected] for more information in this instance.