Terms of Use/Privacy Policy
MotorSportsPromos LLC ("MSP") operates online fantasy skill games as SaaS (software as a service) content for sponsored, affiliate and/or third party web sites. It is our strict policy to respect your privacy regarding any information our FMFL game engine will collect in providing database management services necessary to operate our game(s). If you do not agree to this policy, then you are not authorized to play our game(s), and you should exit the website(s). This policy does not apply to websites, web content & forms or framed/linked third party web content that we do not own. Please read this entire document carefully each time you visit our game site(s) as we reserve the right to add, modify and/or delete any portions of this Terms of Use/Privacy Policy at any time.
Information Gathering
We collect three types of information. 1. Non-personally-identifying information such as the date and time of each visitor/user request, game data, type of browser, language preference and referring site. 2. Potentially personally-identifying information like visitor/user team name, password and Internet Protocol (IP) addresses for logged in visitors/users. 3. Personally-identifying information like visitor/user name, email address, contact information (street address, city, state, zip and phone number) and profile content when volunteered by the visitor/user. Visitors/users to websites which include game content choose to interact with MSP in ways that require MSP to gather personally-identifying information. We require visitors/users to provide a team or username, email address and password in creating an account, collecting such information only as necessary or appropriate to fulfill the purpose of the visitor/user's interaction with MSP in order to play the game(s). Visitors/users can refuse to supply personally-identifying information, with the understanding that it may prevent them from engaging in certain game-related activities or services. For visitors/users making a donation or purchasing upgraded game services and/or fulfillment insurance, we collect the contact information as confirmed by the payment processor but do not have any access to your bank or financial services provider, credit or debit card number, the card’s security code or expiration date. All communication between you, MSP and the payment processor happens under bank-grade encryption to prevent your credit card details from being intercepted by others. MSP does not disclose personally-identifying information other than as described below.
Personally-Identifying Information
MSP discloses potentially personally-identifying and personally-identifying information only to those of its affiliated organizations, contractors and employees that require that information in order to provide services available at web sites that operate MSP –provided game(s). MSP or an affiliated game provider may offer email reminders prior to each weekend’s deadline for starters. If you opt-in to receive these reminders your email address may be disclosed to the game sponsor or an affiliate in order to provide this service. If you opt-in to receive promotional or marketing offers MSP will disclose your email address to game providers and/or affiliated sponsors and game partners. If you choose to opt-out of your permission to receive such offers at any time you can update the option on the game site(s). If your receive messages after you opt-out with MSP you will need to unsubscribe directly from that party or parties. If you volunteer personal information including name, contact information and profile content in order to be eligible to receive applicable gifts, merchandise or prizes, MSP may disclose this information to the affiliate, sponsor or contractor in order to provide the fulfillment of those awards, including shipping and handling. Other than to its employees, contractors and affiliated organizations, as described above, MSP will only disclose potentially personally-identifying and personally-identifying information in response to a subpoena, court order or other governmental request, or when MSP determines that disclosure is reasonably necessary to protect the property or rights of MSP, its sponsors and affiliates or the general public. Some of the affiliated organizations, contractors and employees may be located outside of your home country; by using websites that feature MSP –provided game content, you consent to the transfer of such information to them. MSP will not rent or sell potentially personally-identifying and personally-identifying information. If you contact us with a suggestion, comment or request via a support email we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. MSP will not grant affiliates, contractors, sponsors or domain owners any exclusive ownership of your user data which may preclude or restrict your ability to access other game sites or web sites.
Cookies
A cookie is a string of information stored on a visitor/user's computer, with the visitor/user's browser providing that information to the game site each time the visitor/user returns. MSP uses cookies to help us identify and track visitors/users, their usage of the game site, and their access preferences. MSP visitors/users who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using game site that features MSP –provided content. However, visitors/users who chose to refuse cookies will not be able to sign in and use their account.
Advertising
Ads appearing on any of the web sites that feature our game engine may be delivered to users by game providers, affiliates or advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This Terms of Use/Privacy Policy only covers the use of cookies by MSP and does not cover the use of cookies by any advertisers.
Privacy Policy Changes
Although most changes are likely to be minor, MSP may change its Terms of Use/Privacy Policy from time to time, and in MSP's sole discretion. MSP encourages visitors/users to frequently check this page for any changes. Your continued use of this site after any change in this Terms of Use/Privacy Policy will constitute your acceptance of such change.
Modification and Deletion of Information
When you play our game(s), we make good faith efforts to provide you with access to your personally identifiable information such as name, contact and/or profile data, so you can either correct this data if it changes or is inaccurate, or delete such data if it is not otherwise required to be retained by law or for legitimate business purposes. We do not delete game data including teams and scores in order to maintain historical results and standings; however you may request that your email address be deactivated and removed from all reminder and/or opt-in lists. We may ask individual visitors/users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort or jeopardize the integrity of the game(s).
Information in Public Forums
If MSP or any affiliate chooses to offer any form of public forum in which you may post comments, any information you disclose when posting a message in any such area will become public and may be used for related online and offline promotional uses. Any personally identifiable information you submit in a public forum can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these public forums. In order to avoid your e-mail address or other personal information from being gathered and used by others for inappropriate or harmful purposes, we advise that you should be cautious about posting a real e-mail address or other personal information to newsgroups, chats, or other public forums.
California Privacy Rights
Under California’s "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled, once a year, to request and obtain from us information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2014 will receive information regarding 2013 sharing activities). You have the right to prevent the disclosure of personal information. To obtain this information on behalf of us, please send an email message to tyburbill@gmail.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
Third Parties
With respect to any agreement between you and any third party, you agree and acknowledge that MPS does not intend to interfere with any contractual agreement between you and a third party and you promise to perform fully your obligations under any such contract. You agree and acknowledge that it is your sole responsibility to perform such obligations. You promise not to use our services and products if such use would breach any term, material or otherwise, of any such agreement. Your correspondence or business dealings with, or participation in promotions of, any third party found on or through a sponsor or affiliate websites that provide our game, including, without limitation, payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree and acknowledge that MPS does not, and will not be, responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you promise to indemnify, defend, and hold us harmless from any liability asserted against us as a result of any such dealings.
Hyperlink Disclaimer
As part of our services and/or products, MSP, a sponsor, affiliate or a third party, may provide links to other World Wide Web content, sites, services, or resources. You acknowledge we have no editorial control over such content, sites, services, or resources, and you agree and acknowledge such links are not express or implied endorsements or approvals by us of any such content, sites, services, or resources. You agree and acknowledge that we (i) are not responsible for the availability of such external content, sites, services, or resources, and (ii) do not endorse, and are not responsible or liable for, any content available from such sites, services, or resources. You agree and acknowledge MSP is not, and will not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, sites, services, or resources.
Intellectual Property
The game(s), rules, architecture, interface, scoring system and database content are subject to trademark, copyright and other intellectual property rights, and such rights are owned by MSP. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites. The unauthorized use of any copyrighted material or trademark displayed on this site is strictly prohibited.
Indemnity
You agree to indemnify and hold harmless MSP and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, your use of or connection to our services and/or products, your violation of this policy and/or any other agreement with us, your use of any content you acquire through use of our services or products, or your violation of any rights of another.
Modifications to Our Services or Products
We reserve the right at any time to modify or discontinue, whether temporarily or permanently, our services, products or any part thereof with or without notice, consistent with the terms of any games’ Rules & Regulations agreement. You agree we are not liable to you or to any third party for any modification, suspension, or discontinuance of our services or products.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You expressly understand and agree that: We will make reasonable efforts to maintain our services and products, however, we are not responsible for any damage, loss of content, or other harm arising out of (i) delays, misdelivery, or nondelivery of content, (ii) restriction or loss of access to our services and/or products, (iii) bugs or other errors, (iv) unauthorized use due to your sharing of access to our services and/or products, (v) intentional or unintentional releases of your personal information due to the legal or illegal actions of third parties attempting and/or succeeding in efforts to access our computer systems or the systems of third parties who may host our services and/or products, or (vi) other interaction with our services and/or products. You are responsible for maintaining and backing-up your data and information uploaded, downloaded, posted, stored, transmitted, or otherwise made available on or through our services and/or products. You use content provided by our services and products, and our services and products themselves, at your sole risk. The content provided, AND OUR SERVICES and products THEMSELVES, ARE provided “as is.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, accuracy of informational content, AND NON-INFRINGEMENT. We are not liable for any indirect, special, incidental, loss of business, loss of profits, or consequential damages, whether based on breach of warranty, breach of contract, tort, negligence, product liability, or other legal theory, even if we are advised of such damages or potential for damages, including but not limited to, those resulting from: (i) your use or inability to use our services or products; (ii) the cost of procurement of substitute goods and services resulting from any goods, content, information, or services purchased or obtained or messages received or transactions entered into through or from our services or products; (iii) unauthorized access to or alteration of your content uploaded, downloaded, posted, stored, transmitted, or otherwise made available through our services or products; (iv) statements or conduct of any third party on our services or products; or (v) any other matter relating to your use of our services or products. WE DO NOT WARRANT: (I) OUR SERVICES OR PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) OUR SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY CONTENT, PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH US WILL SATISFY YOU OR YOUR NEEDS, OR MEET YOUR EXPECTATIONS; AND (IV) ANY ERRORS IN OUR SERVICES OR PRODUCTS WILL BE CORRECTED. Your use of our services and/or products is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data resulting from your use of our services and/or products. No advice or information, whether oral or written, obtained through or from us, our services or products create any warranty not expressly stated in this Terms of Use/Privacy Policy.
Choice of Law
You expressly agree that the laws of the State of Arizona, without regard to its conflict of law provisions, govern this Agreement and the relationship between you and us. You and we agree this Agreement is to be performed in Maricopa County, Arizona, and you submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona.
Incorporation by Reference and Entire Policy
This policy incorporates by reference any other agreement with respect to use of our services and/or products between you and us to which (i) you have already agreed or (ii) we require you agree, whether or not such agreement is expressly incorporated elsewhere in this policy. You agree and acknowledge that this policy and the incorporated agreements constitute the entire agreement between you and us with respect to your use of our services and/or products, and is to be applied consistently with any such written agreement between you and us.
Other Miscellaneous Items
You agree and acknowledge our failure to exercise or enforce any right or provision of this policy will not constitute a waiver of such right or provision. You agree and acknowledge you also may be subject to additional terms and conditions that may apply when you use our services, products, affiliate services, third-party content, or third-party software. You and we agree if any provision of this policy or incorporated documents is found to be invalid by a court or other tribunal of competent jurisdiction, then (i) the other provisions of this policy or other incorporated document shall remain in full force and effect and (ii) the court or other tribunal construing this policy or other incorporated document should, to the fullest extent of the law, give effect to the parties’ intentions as reflected in the provision. You agree and acknowledge regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services, products or this policy (including arising under any incorporated document) must be filed within one (1) year after such claim or cause of action arose or be forever waived and barred. The section titles in this policy are for convenience only and have no legal or contractual effect.
Business Transfers
If MSP, or substantially all of its assets were acquired, or in the very unlikely event that MSP goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and, to enable continued service to you in the event of such a transfer, that any acquirer of MSP may continue to use your personal information as set forth in this policy.