Terms of Use

TeamUp Fantasy Terms of Use

Effective Date: January 24, 2020
Updated November 19, 2020

This Terms of Use Agreement (the "Agreement") governs your use of the TeamUp Fantasy website/Services operated jointly by 9Ware, Inc. and Modern Signal, LLC (also referenced in this document as "we," "our," "us").

Your use of the Services constitutes your acceptance of this Agreement. You must be 13 years or older to use the Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.

Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the Services. We may revoke permission at any time, as described below.

Copyrights

We own or license all copyright rights in the text, graphics, photographs, and other TeamUp Fantasy content provided to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.

You may use the Services and the contents contained in the Services solely for your non-commercial individual purposes of information and entertainment. Any other use, including for any distribution and/or commercial purpose, is strictly prohibited without our express prior written consent.

Trade and Service Mark Rights

We own all rights to TeamUp names, logos, and designs and expressly prohibit use, imitation, or reproduction of these marks as prohibited under the trademark laws of the United States and other countries without our prior written authorization.

Modification of This Agreement

We reserve the right to amend this Agreement at any time by posting an updated version. Your use of the Services after we have posted amendments constitutes your acceptance of the modified Agreement. Thus, you should visit this page periodically to review the then-current Agreement. Your sole recourse if you choose not to accept the then-current terms is to cease use of our Services.

Information Collection & Disclosure

Basic information, such as your email address and username and site password, will be collected from you in order to make basic game play possible. This information will not be shared with, or sold to, any third party.

We may collect additional information as necessary if you choose to purchase optional products and services that may become available for sale on our site. Such information may include, but not be limited to, your full name, credit card information, address & billing address, and telephone number. Aside from sharing with the credit card company, as necessitated to complete your financial transaction, we will not share or sell this information to any third party. If we use a third party system to complete a financial transaction, such as PayPal or similar service, we will not have access to your personal information and thus the terms of use agreement offered by the third party will be in effect and we disclaim any responsibility or liability for the information you disclose to them. Your sole recourse if you choose not to accept their terms is to not complete your purchase via our site.

Notwithstanding the foregoing, we expressly reserve the right to share any/all of your information as detailed in the “Compliance with Laws/Regulations” and “Prohibited Uses” sections of these terms.

Availability of Services

The availability of the content on the Services may be affected by issues including, but not limited to, game delays or cancellations, technical problems, or network delays. You agree that we are not obligated to provide you with any specific content under this Agreement.

Compliance with Laws/Regulations

By using the Services, you represent and warrant that you will 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.

User Content

The Services may include features that allow users to communicate with one another through chats, message boards, etc. You accept sole responsibility and liability when your account is used to submit, post, or add content to the Services through these features (“User Content”). You further accept all liability (including liability for claims of infringement, libel and slander) associated with your User Content, whether the content originated from you or by way of an image or other third party content shared by you. We reserve the right (but do not have any obligation) in our sole discretion to review, edit, refuse to post or to remove any of User Content, in whole or in part at any time and without notice to terminate your ability to post User Content to the Services at any time, or to suspend or terminate your access to Services.

Further, while we do not claim ownership of User Content, by posting User Content on our site you grant us a worldwide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicensable right and license to use your User Content (in its original or modified form) as we see fit without compensating you.

Prohibited Uses

You represent and warrant that you will not use the Services for any purpose that could be harmful to individuals, such as usage that may be considered 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, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics. You further represent and warrant that you will not use the Services for any purpose that could be harmful to our ability to provide the Services, such as the use of computer code intended to disrupt or damage any of our data or systems.

We may investigate occurrences that may involve violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Entertainment

All gaming features that we make available on the Services are provided exclusively for entertainment purposes. You are prohibited from gambling or wagering on the result of any gaming features provided on or through the Services.

Links We Provide (Third Party Content)

We may provide links to other services for the convenience or interest of our users. We have no control over these services and thus assume no liability with respect to your use of said services.

Links You Create

You may link to the TeamUp Fantasy home page without obtaining our permission. However, you must obtain our express written permission for any other link to our Services. Email [email protected] to inquire.

Privacy Policy

We are committed to protecting your privacy and security. Please review the TeamUp Fantasy Privacy Policy, as your use of Services constitutes your agreement of and consent to the terms of the Privacy.

Disclaimer of Warranties

TeamUp Fantasy Services are provided “as is.” We disclaim, to the maximum extent permitted by law, any and all representations or warranties of any kind whatsoever related in any way to the Services, including any part thereof, or any web site or other context or service that may be accessible directly or indirectly through the Services.

Limitation of Liability

In no event will we or any party involved in the creation, production or delivery of the Service, be liable in any manner whatsoever for any direct, indirect, incidental, consequential, special or punitive damages (including lost profits, loss of business or data, business interruption, damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of this Service) arising out of or in any way related to the Service or your ability to use the Service. 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).

Indemnification

You agree to release and to indemnify, defend and hold harmless us, and any affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, claims and expenses, including reasonable attorneys’ fees and court costs, made by any party in connection with any action by you through, or in connection to, the Services. These obligations will survive any termination of this Agreement.

Choice of Law, Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled if possible by negotiation in good faith to achieve a mutually satisfactory resolution. If resolution cannot be achieved by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide us with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.

Entire Agreement

This Agreement constitutes the entire agreement (the “Agreement”) between you and us and governs your use of the Services. Any other verbal or believed understandings, agreements, warranties, conditions, terms or representations, whether expressed or implied, are replaced and superseded by this Agreement and are not legally binding as part of this Agreement.

Severability

If any part of this Agreement is held invalid or unenforceable, that portion shall be reformed in accordance with applicable law, while reflecting the original intent of the parties as nearly as possible. All remaining portions shall remain in full force and effect. Any arbitration shall occur without reference to or reliance upon any unenforceable parts.

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 its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Termination

We reserve the right, in our sole discretion, to revoke the license to use our Services as temporarily granted to you under this Agreement. In case of such revocation of your access to the Services, all other provisions of this Agreement will survive the termination of your access, including our license to use User Content as documented elsewhere in this Agreement.

Notices

At our option, we may give notices to users of the Services by posting a message on the Service, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic mail sent to [email protected]

Violations

Please report any violations of this Agreement to [email protected]