Terms

Flagrant Fouls Inc.
Terms of Use
Last Updated: December 10, 2009
Introduction

Flagrant Fouls Inc. ("Flagrant Fouls", "we" or "us") provides news, commentary, scouting, and fantasy advice throughout the world of basketball. We cover hoops at all levels, following players from when they first hit the national scene in grade 10 to the day they retire (hopefully) as multi-millionaires. We watch and evaluate players from the earliest point of their basketball development. We scout them in High School, follow them throughout the draft process as collegians, than project their output on the professional level.

Flagrant Fouls is also pleased to be able to provide you with coverage on major events and we hope to become a part of your daily sports routine.
The online services offered by Flagrant Fouls include the "Flagrant Fouls Website" (which term includes www.flagrantfouls.com and any and all 'Flagrant Fouls' branded URLs) and all components thereof (including the Content, as defined below) and all other online services offered now or in the future by Flagrant Fouls (collectively, the "Services").

By using the Services, you agree to be bound by Flagrant Fouls Terms of Use (these "Terms of Use" or this "Agreement"), whether you are a "Visitor" (meaning that you simply browse the Flagrant Fouls Website, including through a mobile device, or otherwise use any of the Services for which a Client Account or subscription is not required) or you are a "Client" (meaning that you have an account or have subscribed to a feed on the Flagrant Fouls Website, and collectively referred to herein as a "Client Account").  The term "User" refers to Visitors and Clients collectively.

Binding Agreement

This Agreement forms and is a legal agreement between the User ("you") and Flagrant Fouls concerning your access to and use of the Services.  In consideration of Flagrant Fouls providing you with access to the Services, through your access to and use of the Services, you accept and agree, without limitation or qualification, to the terms and conditions contained in these Terms of Use and acknowledge that you intend to be legally bound by them.  If you do not agree with these Terms of Use you may not access or use the Services and you should immediately cease and desist any and all use of the Services.
These Terms of Use, and any posted revision to this Agreement, shall be effective from the moment you use the Services (and further confirmed if/when you create a Client Account), and shall remain in full force and effect even after you cease your use of the Services and/or your Client Account is terminated.
Note: The Services are maintained and updated frequently to bring you the latest information online.  Although our technicians do their best, Flagrant Fouls cannot be held responsible for errors and omissions
Although accessible by others, the Services and the Content are intended for access and use by residents of Canada only.

Right to Access and Use

We may terminate your Client Account at any time, for any or no reason, with or without prior notice or explanation, and without liability.  
Without limiting the generality of the foregoing, we expressly reserves the right to refuse, suspend or terminate your Client Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Services and/or your Client Account if we determine, in our sole discretion, that: (i) you have violated this Agreement; (ii) you pose a threat to Flagrant Fouls and/or its Users; (iii) you have violated any applicable law; and/or you provided, or we suspect you have provided, any information that is untrue, inaccurate, not current or incomplete.

Proprietary Rights

You hereby agree and acknowledge that Flagrant Fouls and/or its licensor(s) is and shall remain the sole and exclusive owner of the Services and any and all content and materials (including, without limitation, all articles, data, images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials) posted by Flagrant Fouls, our sponsors, partners and/or affiliates and/or by you and/or any other User(s) posted and/or otherwise described on the Flagrant Fouls Website or otherwise created by Flagrant Fouls and/or its licensors and/or associated with the Services (collectively, the "Content").  For greater certainty and without limiting the generality of the foregoing, any and all Content  posted by you (including but not limited to blog entries and postings on message boards) is and forever shall be the sole and exclusive property of Flagrant Fouls.
You further hereby agree and acknowledge that the Services and the Content are protected by all applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws).  You agree that you acquire absolutely no rights or licenses to any of the Services or the Content other than the limited right to access and use the Services and the Content in accordance with these Terms of Use.  Any unauthorized use or display of any such trade-marks or trade names is strictly prohibited.

Flagrant Fouls hereby grants you a personal, non-transferable and non-exclusive license to access, read, download and print the Content solely and exclusively for your personal and private, non-commercial use.   You may not distribute, modify, transmit, reuse, repost or use the Content, in whole or in part, for public or commercial purposes, without the express written permission of Flagrant Fouls.  You may also, to the extent available to do so and subject to these Terms of Use, use the Services to access such other related information, materials and services as may be made available from Flagrant Fouls through the Services from time to time hereafter.

Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in any manner and you shall not exploit the Services in any unauthorized way whatsoever (including but not limited to, by trespass or burdening network capacity).  

Use Restrictions

You agree that when using the Services you will not: (i) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (ii) post material for advertising or commercial solicitation; (iii) post or transmit content which violates or infringes any third party rights or is injurious to a third party or defames, libels or disparages any third party; or (iv) post or transmit content which is indecent, obscene or pornographic or that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law.
You may not use any spider, robot or other automated or electronic agent to monitor or copy web pages or the Content, in whole or in part, from the Services or for any other purpose in connection with your access to and use of the Services. You shall not take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Services or to shut down, overload or overwhelm the Services.
Without limiting the generality of the foregoing, you agree to use the Services and the Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Services shall not be used where, and to any extent, such use is prohibited by law.  Your use of the Services from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Services is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Services due to any restriction whatsoever.

Remedies

Flagrant Fouls reserves the right to take such steps as it deems necessary, including taking legal action, to restrain any and all unauthorized use of the Services and/or the Content.  
If you are dissatisfied with the Services, the Content and/or your use thereof, or with any of the terms, conditions, guidelines, practices or policies of Flagrant Fouls in operating the Services, you agree that your sole and exclusive remedy shall be to discontinue using the Services.
No supplement, modification or amendment to these Terms of Use proposed by you shall be binding on Flagrant Fouls unless agreed to by Flagrant Fouls in writing.

Waiver

No waiver of any of breach of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  All waivers by Flagrant Fouls must be in writing and signed by an authorized representative of Flagrant Fouls.

Links

The Services and/or the Content may include hypertext links to other web sites solely for the purpose of helping you identify and locate other content and/or products that may be of interest.  Any such links do not imply any endorsement of (including that Flagrant Fouls has reviewed such sites) or association with such third party web sites and Flagrant Fouls is not responsible for such third party web sites or the information contained on such third party web sites. Use of third party web sites (including any and all websites accessed through our "NBA Fan Shop" and "NCAA Fan Shop" links) is entirely at your sole discretion and risk, and shall be subject to the terms, conditions and policies of the applicable third party.
You may not create links from other web sites to this Site without the prior written consent of Flagrant Fouls. Any copying, republication or redistribution of the Services or the Content, in whole or in part, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Flagrant Fouls.

Limitations

The Services and the Content are provided to you solely and exclusively for the purpose of enhancing your understanding, use and enjoyment of the Services and the sport of basketball.  While we make reasonable efforts to ensure that the Content is accurate and up to date, Flagrant Fouls does not guarantee that any Content is error-free, complete, accurate, reliable or current.

YOU AGREE THAT THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND ARE FOR YOUR PERSONAL, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER.  FLAGRANT FOULS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY OR TIMELINESS OF THE SERVICES, THE CONTENT OR ANY

THIRD PARTY INFORMATION OR PRODUCTS.  

FLAGRANT FOULS IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE SERVICES AND/OR THE CONTENT ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL ELEMENTS OR THAT THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
IN NO EVENT SHALL FLAGRANT FOULS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OF ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES, PRODUCTS ORDERED OR OBTAINED THROUGH THE SERVICES OR ANY CONTENT (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH: (I) THE TRANSMISSION OR DOWNLOADING OF ANY CONTENT FROM THE SERVICES OR SUBMISSIONS/POSTINGS TO THE SERVICES; OR (II) ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR THE USE OF, OR YOUR RELIANCE ON, ANY CONTENT OR OTHER INFORMATION CONTAINED ON/IN THE SERVICES OR THE CONTENT, WHETHER OR NOT FLAGRANT FOULS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

Privacy and Collection & Use of Personal Information

Use of the Services is governed by this Agreement and by Flagrant Fouls' Privacy Policy (our "Privacy Policy"), which is incorporated into this Agreement by reference, and is an integral part of this Agreement.  You acknowledge and expressly agree to the terms and conditions of our Privacy Policy.
For greater certainty, and without limiting any term or condition in our Privacy Policy, you acknowledge and expressly consent to Flagrant Fouls accessing, preserving, and disclosing your client information (i.e. information about you and provided by you during the Client Account registration process or otherwise) if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for Client service and/or technical support; or (v) protect the rights, property, or personal safety of Flagrant Fouls, its Users and the public.

Passwords & Security:

When you register to become a Client (i.e. when you create your Client Account) you will be asked to choose a "Username" and password.
You are solely and entirely responsible for any and all use of your Client Account.
You are solely and entirely responsible for maintaining the confidentiality of your Username and password.
You agree to not use the Client Account, Username or password of another Client at any time and to not disclose your password to any third party.
You agree to notify us immediately if you suspect any unauthorized use of your Client Account or access to your password.

Indemnity

You agree to defend, indemnify, save and hold harmless Flagrant Fouls, its affiliates and their respective officers, directors, employees, professional advisors and agents, from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of the Services, your use of the Content and/or your breach of these Terms of Use.

Location and Law

The Services are physically located on servers in Canada and is administered by Flagrant Fouls from its offices in the Province of Ontario, Canada.  By accessing the Services, you and Flagrant Fouls agree that all matters relating to access to, or use of the Services and all communications, transmissions and transactions associated with the Services shall be deemed to have occurred in the Province of Ontario, Canada and shall, together with these Terms of Use, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof.  You and Flagrant Fouls also agree and hereby irrevocably submit and attorn to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

General

If, in any jurisdiction, any of the terms and conditions contained in these Terms of Use are held to be unenforceable (in whole or in part) by a court of competent jurisdiction, such term(s) and/or condition(s) shall be restricted or eliminated to the minimum extent necessary and the remaining term(s) and condition(s) (or part(s) thereof) shall otherwise remain in full force and effect.  

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents.  A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use constitute the entire agreement between you and Flagrant Fouls relating to the access to and use of the Services and the Content.  Anything on/in the Services inconsistent with these Terms of Use is superseded by these Terms of Use.
These Terms of Use may be assigned by Flagrant Fouls to any other person in Flagrant Fouls' discretion. You may not assign  these Terms of Use or any benefit or obligation herein.

All notices and communications by or to a User shall be in writing and shall be made via e-mail to info@flagrantfouls.com for notices to Flagrant Fouls, or to the e-mail address that you may provide to Flagrant Fouls in connection with your use of the Services.  Either party may revise its contact information by sending the other a new/corrected email address to the address specified in the preceding sentence.  Notwithstanding the foregoing, Flagrant Fouls may also post notices or communications, or other matters of importance, on the Services; and you agree that such posts shall constitute notice to you whether or not you actually access the notice/communication via the Services.  Notice by e-mail or posting on the Services shall be deemed given forty-eight (48) hours after the e-mail is sent or posted, unless in the case of e-mail the sending party is notified that the e-mail address is invalid.

Without limiting any other term or condition in these Terms of Use, the disclaimers, limitations on liability, interpretative provisions, and your warranties and indemnities shall survive any termination or expiration of these Terms of Use.

Flagrant Fouls reserves the right to modify these Terms and Conditions at any time. It is your responsibility to review these Terms of Use each time you visit/use the Services and upon each visit/use you are deemed to be aware of such amendments.  If these Terms of Use change, the revised Terms of Use will be posted and the date of the most recent version shall always be  noted.  If you do not agree to the amended Terms of Use, you must immediately stop accessing and using the Services. Your continued use of the Services after such amendments have been posted shall constitute your acknowledgement and acceptance of the amended Terms of Use.  To view an up to date copy of these Terms of Use, CLICK HERE.
Please CONTACT US if you have any questions, comments or concerns regarding these Terms of Use.