TERMS AND CONDITIONS
Please read these Terms of Service (“Terms”) carefully as they are the legal terms and conditions that you agree to when you use information services provided by FJSP, LLC (also referred to as “we” and “us”). These information services include websites (such as www.fatjacksports.com or www.thefatjack.com), mobile applications, email communications, and other means of information distribution (collectively, the “Service”).
By using the Service, you agree to be bound by Part A of the Terms, which contains provisions applicable to all users of the Service, including casual visitors. If you choose to register as a member of or become a paying subscriber to the Service, by clicking to register or purchase a subscription you agree that you have read and agree to be bound by the additional provisions set out in Part B of the Terms.
Part A: Provisions applicable to all Users of the Service (Whether Registered or Not) Operator.
This Service is operated by FJSP, LLC., a limited liability company.
Purpose of the Service
FJSP, LLC provides sports-related information services including statistical data, editorial content, game predictions, and analysis tools through a range of distribution methods including our website, email communications, mobile applications, and distribution partners. All data and information included as part of the Service is produced for entertainment purposes only and is not intended to be used in direct or indirect violation of local, state, federal or international law(s).
We endeavor to make the Service available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and/or emergency repairs or due to the failure of telecommunications links and equipment that are beyond our control. We will take reasonable steps to minimize potential disruptions that are within our control.
You agree that FJSP, LLC shall not be liable to you for any modification, limitation, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the FJSP, LLC service for any reason and without notice.
You are responsible for obtaining access to the Service, and such access may necessitate third-party fees such as Internet service provider or airtime charges. You are responsible for those fees, including any related fees associated with the display or delivery of advertisements.
FJSP, LLC has a firm commitment to safeguarding your privacy. The terms of our are incorporated into and considered part of, these Terms.
FJSP, LLC is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not reproduce, duplicate, copy, sell, trade, store, create derivative works of, or exploit for commercial purposes the Service, access to the Service, or any contents of the Service without our express written consent.
This provision includes, but is not limited to, rebroadcasting, photocopying, reproducing, or retransmitting, either in print or electronically, any information included as part of the Service. Also, you agree not to access the Service by any means other than through the interface that is provided by FJSP, LLC for use in accessing the Service.
All brand, product and service names, and marks used in the Service which identify FJSP, LLC, professional or collegiate sports teams, or other third parties and their products and services are proprietary marks of FJSP, LLC and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of FJSP, LLC or any third party with respect to any such image, logo or name.
In the specific case of a professional, collegiate, or amateur team and/or league logo images and marks, FJSP, LLC uses such images and marks for demonstration purposes only and according to fair use rationale.
Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact our agent for notice of claims of copyright infringement at [email protected] You must provide our agent with the following information, which FJSP, LLC may then forward to the alleged infringer:
- Identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
- Provide your address, telephone number, and email address;
- Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
- Provide your physical or electronic signature. Upon receiving your complaint, FJSP, Inc may remove content that you believe infringes your copyright.
Amendment of the Terms
FJSP, LLC reserves the right to amend these Terms from time to time without any notice to you. Unless explicitly stated otherwise, any future enhancements or changes to the Service shall be automatically subject to these Terms.
These Terms constitute the entire agreement between you and FJSP, LLC and govern your use of the Service, superseding any prior agreements between you and FJSP, LLC with respect to the Service. You also may be subject to additional terms and conditions that apply when you use or purchase other FJSP, LLC services, affiliate services, third-party content or third-party software.
The failure of FJSP, LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
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 these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this agreement.
Disclaimer of Warranty and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY AS TO THE ACCURACY, VALUE, OR RELIABILITY OF THE SERVICE OR INFORMATION CONTAINED IN THE SERVICE. DR. BOB SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT.
- FJSP LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) 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 IN AN EXPEDITIOUS MANNER.
- ANY MATERIAL OR CONTENT SUBMITTED TO FJSP LLC, 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 SUBMISSION OR DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FJSP LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS
- FJSP LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO SPORTS GAMBLING OR WAGERING LOSSES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FJSP LLC 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.
Special Admonition Related to Sports Wagering
If you intend to use the Service for any purpose related to gambling or wagering money or items of value on the outcome(s) of sports games or contests, you acknowledge that FJSP, LLC provides no assurances whatsoever regarding the accuracy of the Service, especially regarding the effectiveness of information included in the Service as applied to gambling. You acknowledge the significant risk for personal loss that may result from basing wagering decisions on information included in the Service, and you agree that you will not interpret information provided by the Service as a recommendation or encouragement by us for you to gamble or take part in any unlawful activities.
You agree to indemnify and hold FJSP, LLC, 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 your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
If you have any comments or questions about the Service, please contact us by email at [email protected]
Part B: Additional Provisions Applicable to Registered Users and Paying Subscribers Registration
To register as a member of or become a paying subscriber of the Service you must be at least 18 years of age, of legal age to form a binding contract and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Minors are prohibited, and we reserve the right to refuse service to anyone for any reason at any time.
You agree that the information that you provide to us upon registration and at any other time (“User Information”) will be true, accurate, current and complete. You also agree to keep your User Information accurate and up to date at all times. This is especially important with respect to your email address since email is the primary method by which we will communicate with you about your account and your subscription purchases. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have a reason to suspect that such information is untrue, inaccurate, not current or incomplete, then we maintain the right to suspend or terminate your account.
When you first register or subscribe to the Service, you will be asked to provide a password for your account. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You agree to notify FJSP, LLC immediately of any known or suspected unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
You also agree not to willingly share your FJSP, LLC password with any other person. Willingly sharing your FJSP, LLC password is a violation of these Terms and grounds for termination of your access to the Service, without refund.
Formation of a Binding Contract
No contract will exist between you and FJSP, LLC for the supply of any particular features, products, or services until FJSP, LLC accepts your order and acknowledges the order via a confirmatory e-mail or other appropriate means of communication to you.
You understand that the Service includes periodic communications from FJSP, LLC and you agree to be automatically enrolled to receive these communications, including email newsletters. Every email newsletter we send you will provide a means to unsubscribe if you no longer wish to receive email newsletters.
You are responsible for all of the content you upload, submit, and/or share using the Service. You must have the legal right to copy and display any and all information or content that you upload, share or print. Content provided to you by professional content creators or made available through websites or other resources are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
- For any unlawful purposes;
- To upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous or illegal;
- To upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to FJSP, LLC;
- To harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- To upload, post, email or otherwise transmit any material which is likely to cause harm to FJSP, LLC or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service
While FJSP, LLC prohibits such conduct and content on its site, you understand and agree that we cannot be responsible for the content posted on our website by users and members, and you nonetheless may be exposed to such materials and that you use the Service at your own risk.
You further agree that you shall not:
1. Interfere with or disrupt (or attempt to interfere with or disrupt) the Service or servers or networks connected to the Service, or to disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
2. Provide any information to FJSP, LLC that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
3. Make duplicate user accounts to bypass account restrictions.
Rights for Submitted Content
By using the Service, you grant FJSP, LLC a non-exclusive, perpetual, royalty-free, transferable license to use, share, copy, distribute, and display any original information or digital content that you submit or upload to the Service. These rights will be restricted accordingly in any case where the Service offers you privacy controls to restrict the sharing or distribution of content you submit or upload.
Monitoring of Content
FJSP, LLC does not control the content of members’ accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs on your user account.
You acknowledge, consent and agree that FJSP, LLC may access, preserve, and disclose your account information 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 these Terms; © respond to your requests for customer service; or (d) protect the rights, property, or personal safety of FJSP, LLC its users and the public.
You understand that the technical processing and transmission of the Service 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 FJSP, LLC and 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.
Suspension, Modification, and Termination of Access and Membership
You agree that FJSP, LLC may at any time without notice:
- Refuse to accept your application to become a member of the Service;
- Move or suspend any part of the Service;
- Restrict your access to all or certain parts of the Service if you do not pay all applicable fees to FJSP, LLC when required;
- Modify any username or other content that could be confused with any FJSP, LLC features, products or services or which contains any explicit/objectionable content;
- Refuse to fulfill any order or any part of any order, or terminate your account and delete any content stored in your account if, in our sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
Any violation of any of these agreements or the Terms confers to us the right to terminate your FJSP, LLC account without refund for any prepaid fees.
You may cancel your FJSP, LLC account or subscription at any time, without refund for any prepaid fees, by sending a cancellation request via email to [email protected] or by using the appropriate cancellation functionality provided within the Service.
If you cancel a FJSP, LLC subscription that includes an automatically recurring subscription fee, your current FJSP, LLC subscription will remain active until the conclusion of the subscription period for which you already have paid. At that point, your subscription will terminate.
You agree that FJSP, LLC may, under certain circumstances and without prior notice, terminate your account and/or your access to some or all parts of the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, © 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) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with fee-based parts of the Service. Termination of the Service may include deletion of your email address, user name, password and any other information stored in or associated with your account, and barring you from future use of the Service.
If your account becomes inactive for a period of at least 12 months, FJSP, LLC may, at its option, terminate access to your account altogether, including deletion of any account information held by FJSP, LLC. FJSP, LLC may change this policy at any time, upon reasonable notice to you.
If you have any comments or questions about these Terms, please contact us by email at [email protected]