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  2009 NFL.com Football League Manager
Terms of Use
Effective Date April 29, 2009

CBS Interactive Inc. ("CBSI") provides the 2009 NFL.com Football League Manager Service (the "2009 FBLM Service") to you ("you" or "your"), subject to the following 2009 NFL.com Football League Manager Terms of Use ("FBLMTOU") which may be updated by CBSI from time to time without notice to you. It is important for you to refer to this FBLMTOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this FBLMTOU. You can review the most current version of this FBLMTOU at any time at: http://football.nfl.com/splash/football/nfl/mgmt/nfllm. Your use of the 2009 FBLM Service constitutes your acceptance of this FBLMTOU.

1. Definitions.
  • "The NFL" shall mean NFL Enterprises LLC ("NFLE") and its constituent teams ("Teams").
  • "NFL Web Site" means the NFL.com web site located at the domain "nfl.com" or other domain as determined in the sole and exclusive discretion of the NFL.
  • "NFL Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, trademarks, service marks, data, or knowledge or other materials made available to you as part of the 2009 FBLM Service.
  • "Registered User" means a person who has successfully completed the registration form and has obtained a User Identification ("ID") and associated password ("Password") on one of the CBSI network of Websites which currently include the following: CBS.com, CBSSports.com, NFL.com, NCAA.com, and/or CBSgames.com.


2. Term: Termination and Survival. This FBLMTOU is effective as of the Effective Date and shall remain in full force and effect for the period the 2009 FBLM Service is available on the NFL Web Site, unless earlier terminated as provided herein (the "Term"). Sections 7 through 12 of this FBLMTOU and other provisions which are set to survive the Term herein shall survive the termination of this FBLMTOU.

3. Eligibility: In order to participate in the 2009 FBLM Service, you must be a Registered User thirteen (13) years of age or older at the time of registration for the 2009 FBLM Service.



4. 2009 FBLM Service.
  • Sign Up for the 2009 FBLM Service. Your registration fee for the 2009 FBLM Service gives you access to the features of the 2009 FBLM Service from the time you register through the remainder of the Term. The credit card that you provide as part of your registration data will be billed for the 2009 FBLM Service. You acknowledge and agree that you are solely responsible for providing accurate and up to date credit card information in connection with your registration for the 2009 FBLM Service and your failure to provide accurate and up to date information which permits us to bill your credit card will result in the denial of your use of the 2009 FBLM Service. All currency references are in U.S. dollars. Please note that your payment for the 2009 FBLM Service, except as provided for herein with respect to the FBLM Money Back Guarantee , is non-refundable, and you may not cancel your 2009 FBLM Service before the end of the Term.
  • Money Back Guarantee. In the event that you are dissatisfied with the 2009 FBLM Service for any reason you may qualify for a full refund of your registration fee in accordance with the FBLM Money Back Guarantee.
  • No Internet Connection Equipment Provided. CBSI and/or the NFL shall not be obligated to, and you acknowledge that CBSI and/or the NFL will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You shall be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can access the 2009 FBLM Service and the NFL Content.
  • No Warranty as to NFL Content. The NFL Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Third parties provide some of the NFL Content. You should be aware that the NFL Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the NFL Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any NFL Content and will not be liable for any lack of the foregoing.
  • No Warranty of Lawfulness of the 2009 FBLM Service. CBSI and/or the NFL does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2009 FBLM Service, including, without limitation, the NFL Content, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the 2009 FBLM Service, including, without limitation, the NFL Content.
  • Entertainment Purposes Only. The 2009 FBLM Service is for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
  • Collection of Personal Information. All personally identifiable information disclosed by Registered Users in connection with the 2009 FBLM Service is subject to the NFL.com Privacy Policy.
  • Statistics Corrections. Following the completion of each week's games, all statistics and point totals are verified, and corrections are made where necessary. However, all statistics and point totals for the week are considered FINAL as of Wednesday. If a stat correction is announced for the previous weekend's games on Wednesday or later, it will not be included in our statistics and your official Fantasy scoring will be based on the original statistic.
  • Suspension and/or Termination of Your 2009 FBLM Service Account. CBSI and/or the NFL expressly reserve the right to immediately modify, suspend or terminate your 2009 FBLM Service account without refund and refuse current or future use of the 2009 FBLM Service, if CBSI and/or the NFL, in their sole and exclusive discretion believe that you have acted inconsistently with the spirit or letter of this FBLMTOU or the NFL.com Terms of Use CBSI and/or the NFL may also impose limits on certain features and services or restrict your access to parts or all of the 2009 FBLM Service and/or the NFL Content without notice or liability of any kind..
  • Suspension and/or Termination of the 2009 FBLM Service. The 2009 FBLM Service and its related benefits are offered at the discretion of CBSI and/or the NFL and CBSI and/or the NFL have the right to modify or discontinue, temporarily or permanently, the 2009 FBLM Service, in whole or in part for any reason, with or without notice to you. You agree that CBSI and/or the NFL will not be liable to you or to any third party for any modifications or discontinuance of the 2009 FBLM Service.


5. License and Proprietary Rights.

  • 2009 FBLM Service License. During the Term, CBSI and/or the NFL hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view and use the 2009 FBLM Service, including the NFL Content (where applicable, in executable, object code form only). Nothing herein shall be interpreted to mean, and CBSI and/or the NFL does not grant you any right or license in any CBSI and/or NFL materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.
  • No Sublicense. Nothing herein shall be interpreted to mean, and CBSI and/or the NFL do not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the 2009 FBLM Service, including, without limitation, the NFL Content.
  • Copyright Notices. The 2009 FBLM Service, including, without limitation, the NFL Content, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by CBSI and/or the NFL. You will abide by any and all additional copyright notices, information, or restrictions contained in the 2009 FBLM Service, including, without limitation, the NFL Content or as CBSI and/or the NFL otherwise may impose from time to time.
  • No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, the 2009 FBLM Service, including, without limitation, the NFL Content.
  • No Contest of Rights. You acknowledge and agree that both during and after the Term, you shall not directly or indirectly contest or aid in contesting the validity or ownership of the 2009 FBLM Service, including without limitation, the NFL Content or take any action whatsoever in derogation of CBSI's and/or the NFL's rights therein or in breach of any terms and conditions contained in this FBLMTOU.
  • Reservation of Rights. Any and all rights to use the 2009 FBLM Service, including, without limitation, any NFL Content not expressly granted to you under this FBLMTOU are hereby reserved for CBSI and/or the NFL. Nothing contained in this FBLMTOU shall affect, impair, or limit in any way CBSI's and/or the NFL's rights to exploit fully the 2009 FBLM Service, including, without limitation, any NFL Content.
  • Proprietary Rights. You acknowledge and agree that CBSI and/or the NFL owns and shall retain all rights, title and interest in and to the 2009 FBLM Service, including, without limitation, the NFL Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.
  • No License to CBSI and/or NFL Trademarks. Nothing herein shall be interpreted to mean, and CBSI and/or the NFL do not grant you any right or license in any CBSI and/or the NFL trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with CBSI and/or the NFL, its parents, subsidiaries or affiliates, in any manner whatsoever.


6. Representations and Warranties.

  • You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the 2009 FBLM Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the 2009 FBLM Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.
  • You represent, warrant and covenant that you will comply with the NFL.com Terms of Use in connection with your use of the 2009 FBLM Service.


7. Disclaimer of Warranties.

THE 2009 FBLM SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CBSI AND/OR NFL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE CBSI AND/OR NFL SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CBSI AND/OR THE NFL AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE 2009 FBLM SERVICE; (B) THE NFL CONTENT MADE AVAILABLE TO YOU THROUGH THE 2009 FBLM SERVICE; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2009 FBLM SERVICE; (D) THE ABILITY OF THE 2009 FBLM SERVICE TO WORK WITH ANY PARTICULAR APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2009 FBLM SERVICE. CBSI AND/OR THE NFL DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2009 FBLM SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2009 FBLM SERVICE OR THE SERVERS THAT MAKE THE 2009 FBLM SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CBSI AND/OR THE NFL DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2009 FBLM SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 2009 FBLM SERVICE, INCLUDING, WITHOUT LIMITATION, THE NFL CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE 2009 FBLM SERVICE, INCLUDING, WITHOUT LIMITATION, THE NFL CONTENT. FURTHER, CBSI AND/OR THE NFL AND THEIR SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. CBSI AND/OR THE NFL AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE 2009 FBLM SERVICE, INCLUDING, WITHOUT LIMITATION, THE NFL CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS FBLMTOU.

8. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL CBSI AND/OR THE NFL AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE 2009 FBLM SERVICE, EVEN IF FORESEEABLE OR CBSI AND/OR THE NFL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CBSI'S AND/OR THE NFL.S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID FOR THE 2009 FBLM SERVICE.

9. Indemnity.

You agree to defend, indemnify and hold harmless CBSI and/or the NFL and their respective subsidiaries and affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this FBLMTOU, including, without limitation, your use of the 2009 FBLM Service, including, without limitation, the NFL Content. Notwithstanding the foregoing, CBSI and/or the NFL retain the exclusive rights to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against CBSI and/or the NFL herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without CBSI's and the NFL's prior written approval.

10. Governing Law and Jurisdiction.

This FBLMTOU contains the sole and entire agreement between the parties with respect to the use of the 2009 FBLM Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this FBLMTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this FBLMTOU or the intent of any provision of this FBLMTOU. It is the intent of the Parties that neither this FBLMTOU, nor any covenant in this FBLMTOU, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this FBLMTOU. If any provision of this FBLMTOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this FBLMTOU.

11. Miscellaneous

This FBLMTOU contains the sole and entire agreement between the parties with respect to the use of the Commissioner and supersedes any and all other prior written or oral agreements between them. Captions contained in this FBLMTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this FBLMTOU or the intent of any provision of this FBLMTOU. It is the intent of the Parties that neither this FBLMTOU, nor any covenant in this FBLMTOU, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this FBLMTOU. If any provision of this FBLMTOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this FBLMTOU.

12. Report Violations

If you witness any user activity in the 2009 FBLM Service that violates this FBLMTOU, please notify us of the activity via the feedback form located at http://www.nfl.com/contact-us. CBSI and/or the NFL cannot guarantee that any action will be taken as a result of your e-mail, but we appreciate your help in making the 2009 FBLM Service an enjoyable experience for everyone.

 
  

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