Updated April 5, 2009
Terms of Service for PFW Inner Circle
Following are the terms on which we offer access to the content and services of the PFW Inner Circle ("PFW Inner Circle" or the "Services"). Please read the following terms carefully. If you agree with these terms, then click on "I AGREE" and you will be directed to continue the subscriber registration process. If you do not agree then click on "I DO NOT AGREE" and you will not be able to continue the subscriber registration process.
1. Eligible Subscribers.
(a) Our Services are eligible and available only to individuals and entities who can form legally binding contracts under applicable law and are granted the status of "subscribers" after satisfactorily completing the subscriber registration process. Further, our Services are not available to temporarily or indefinitely suspended subscribers. If you do not qualify, please do not use our Services.
(b) The subscriber registration form requires you to provide us with certain true, complete and accurate information about yourself. You are also required to provide us with a valid email address. When you submit your registration information, you will receive a welcome letter via email confirming your subscription and you will be given a temporary Customer ID. Transmission times depend on your Internet Service Provider, but it typically takes only a few minutes to receive your subscription confirmation. Upon acceptance of your subscription, you will receive another e-mail with your permanent Customer ID number. Both the Customer ID and email address are needed to log on to these Services.
(c) Your subscription does not obligate us to make our Services available to you.
2. Changed Terms. PFW reserves the right to change the terms and conditions of this Agreement at any time. Such changes shall be effective automatically upon notice thereof, which may be given by posting on PFW Inner Circle, through electronic or conventional mail, or other known means. Any subsequent use by you after receipt of such notice shall be deemed to constitute your acceptance of such changes.
3. Intellectual Property.
(a) All Content contained in the PFW Inner Circle, as well as the selection, coordination, arrangement and enhancement of such Content, is the copyrighted property of PFW, or its affiliates, subsidiaries or third-party licensors. "Content" means all of the information and material that is available or will be available in digital form in the PFW Inner Circle subscriber Services, including, but not limited to articles, text, photographs, images, illustrations, audio clips, video, html, trademarks, logos and the like.
(b) All trademarks, service marks, trade names and trade dress are proprietary to PFW, or its affiliates or licensees. Without limiting the foregoing, "Pro Football Weekly" (and all of its logos) is a registered trademark of PFW. All rights reserved.
Except as otherwise expressly permitted by this subscriber agreement or under the copyright laws, no copying, redistribution, retransmission, publication or commercial exploitation of the Content will be permitted without the express permission of PFW and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, you cannot modify, edit or change any portions of the Content and you may not in any way exploit the Content, either in whole or in part. In particular, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
5. Access and Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Site or any auction being conducted on our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
6. Your Information. For purposes hereof, "Your Information" is defined as any information you provide to us in the subscriber registration process or through any email feature. You are solely responsible for Your Information. With respect to Your Information:
(a) Your Information: (i) shall not be false, inaccurate or misleading; (ii) shall not be fraudulent; (iii) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (iv) shall not create any liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
(b) Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with our Privacy Statement.
7. Privacy. Our current Privacy Statement is available at http://www.profootballweekly.com/privacy/, and is incorporated into and subject to these terms. From time to time, we may make various aspects of our database of user information available to other parties for promotions of and solicitations for their goods or services that may be of interest to you or our other members. However, we will not distribute personal information about any individual -- in other words, while we might let our advertisers know that we have 1000 people in your zip code, we won't let advertisers know that YOU live in your zip code. However, by accepting these terms, you expressly consent to such use and disclosure of non-personally identifiable information. Please note that we maintain the right to send you periodic updates as we deem necessary. Also note that if you provide any information to other parties, or any other sites you encounter on PFW Inner Circle, different rules may apply to their use or disclosure of the personal information you disclose to them.
9. Disclaimer of Warranty; Limitation of Liability. PFW makes no warranties or representations as to the accuracy of the Content and assumes no liability or responsibility for any error or omission in the Content.
YOU EXPRESSLY AGREE THAT USE OF PFW INNER CIRCLE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT PFW ONLINE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR BE ERROR-FREE, ARE SPECIFICALLY DISCLAIMED.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, PFW CIRCLE OR CONTENT OR FUNCTIONS ON PFW ONLINE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING PFW INNER CIRCLE.
10. Indemnification. You agree to indemnify, defend and hold harmless PFW, its affiliates and their respective members, shareholders, managers, directors, officers, employees, agents, contractors, representatives, suppliers and licensors from and against all claims and expenses, including attorney fees arising out of your use of PFW Inner Circle.
11. Copyright Complaints. PFW respects the intellectual property of others. PFW reserves the right to terminate this Agreement if you infringe the rights of copyright holders. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on PFW Inner Circle, please contact PFW immediately.
12. Use of Adobe Reader. You will be required to use the Adobe Reader software from Adobe Systems Incorporated in order to view the Content. Your use of this software will be governed by the licensing or user agreement provided by Adobe Systems.
14. Miscellaneous. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. You agree that any action or proceeding arising out of these terms shall be commenced in the state courts, or in the United States District Court, in Chicago, Illinois. You consent to such jurisdiction, agree that venue will be proper in such courts and waive any objections based upon Forum Non Conveniens. If for any reason, any provision, or part thereof, of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the agreement shall continue in full force and effect. Any failure of PFW to enforce or exercise any provision of this Agreement shall not constitute a waiver of that right or provision. The section titles used in this Agreement are for convenience only and do not carry any legal or contractual effect.
If you have any questions, please contact us via email at email@example.com or by phone at 847-940-1100.