TERMS & CONDITIONS OF SERVICE

Your Agreement with Imagine Sports

Welcome to the Imagine Sports Website, which is comprised of various web pages operated by Imagine Sports (“Imagine Sports”). Please read these terms and conditions of use (the “Terms of Service” or “User Agreement”) carefully before using the Imagine Sports Website. By using the Imagine Sports Website, you signify your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Imagine Sports Website constitutes your agreement to all such terms, conditions, and notices.

Changes to These Terms of Service

Imagine Sports reserves the right to change the terms, conditions, and notices under which the Imagine Sports Website is offered, including but not limited to the charges associated with the use of the Imagine Sports Website. You are responsible for regularly reviewing these terms and conditions.

Personal and Non-Commercial Use Only

Unless otherwise specified, the Imagine Sports Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Imagine Sports Website.

Use of the Imagine Sports website is limited to individuals who are not employees, consultants, advisers of or affiliated with certain companies. By accepting this User Agreement, you warrant that you are not an employee, consultant, shareholder or affiliate of Stats LLC, Whatifsports.com, News Corporation, Strat-O-Matic, or The Sporting News.

Links To Third Party Sites

The Imagine Sports Website contains links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Imagine Sports and Imagine Sports is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Imagine Sports is not responsible for webcasting or any other form of transmission received from any Linked Site. Imagine Sports is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Imagine Sports of the Linked Site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Imagine Sports Website, you warrant to Imagine Sports that you will not use the Imagine Sports Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Imagine Sports makes no representation that the contents of the Imagine Sports Website are appropriate or legally available for use in any particular location. Those who access the Imagine Sports Website do so of their own volition and are responsible for compliance with local laws, if any, applicable to that activity.

You may not use the Imagine Sports Website in any manner which could damage, disable, overburden, or impair the Imagine Sports Website or interfere with any other party's use and enjoyment of the Imagine Sports Website. You may not access or obtain or attempt to access or obtain any materials or information from or through the Imagine Sports Website by any means not intentionally made available or provided for through the Imagine Sports Website.

You represent that you are an adult in your country of residence. You agree to these Terms of Service on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create.

Communication Services

The Imagine Sports Website may contain message boards, chat areas, news groups, forums, communities, personal web pages, blogs, calendars, and/or other message or communication facilities designed to enable you to communicate with other users of the website and/or the general public (collectively, “Communication Services”). You are solely responsible for the content of any communication posted by you to any Communication Service. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, bigoted, hateful, racially offensive or unlawful topic, name, material or information.

• Encourage or advocate illegal activity or the discussion of illegal activity.

• Impersonate any person or entity or misrepresent your identity or association with any person or entity.

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise or offer to sell or buy any goods or services, whether or not for profit, unless such Communication Service specifically allows such messages.

• Conduct or forward surveys, contests, pyramid schemes or chain letters.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

• Engage in such antisocial, disruptive or destructive acts as “spamming”, “flooding”, “trolling”, “flaming” and “griefing” as those terms are commonly understood and used on the internet.

• Otherwise violate any applicable laws or regulations.

Imagine Sports has no obligation to monitor the Communication Services. However, Imagine Sports reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Imagine Sports reserves the right to terminate your access to any or all of the Communication Services and or the Imagine Sports Website at any time without notice for any reason whatsoever.

Imagine Sports reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Imagine Sports' sole discretion.

Imagine Sports urges that you always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Imagine Sports does not control or endorse the content, messages or information found in any Communication Service and, therefore, Imagine Sports specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Imagine Sports spokespersons, and their views do not necessarily reflect those of Imagine Sports.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Imagine Sports reserves the right to disqualify any entrant for suspected cheating or non-adherence to game or league rules or to these Terms of Service. A disqualified entrant’s sole remedy shall be limited to a refund of money paid to Imagine Sports by the disqualified entrant in connection with playing the specific game in question.

For information on our use of personal information we collect from you, please review our Privacy Policy.

Submissions to Imagine Sports

Imagine Sports does not claim ownership of materials you provide to Imagine Sports (including feedback and suggestions) or post, upload, input or submit to the Imagine Sports Website (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Imagine Sports, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission. No compensation will be paid with respect to any such use of your Submission. Imagine Sports is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Imagine Sports' sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described herein including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Eligibility

Employees of Imagine Sports (and their immediate families) and its agents, contractors, suppliers, and distributors (and their respective families), are not eligible for prizes in games which require a fee for participation. Any time an Imagine Sports employee participates in a league or game on the Imagine Sports Website they will be identified. If you choose to remain in the league or game, you are free to ask the employee questions about any of their actions during the season or game.

Prizes and Publicity

Certain games may offer prizes based on the rules for each respective game. You must be 18 years or older to participate in games which require a team fee.

Games are subject to all federal, state, and local laws. ANY PRIZE OFFER IS VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. Entrants agree that in the event the award of prizes to winners of an Imagine Sports game is challenged by a legal authority, Imagine Sports has the sole right to determine whether or not to award such prizes and whether or not to refund previous payments made by the entrant.

Prizes are not transferable and may not be substituted. Winners are responsible for all applicable taxes on prizes received. By participating, you agree that Imagine Sports may use your name, image, likeness and hometown for publicity and advertising purposes without additional compensation to you, except where prohibited by law. Organizers and sponsors are not responsible for any damages, loss, injury, or expenses not specified herein incurred by an entrant as a result of enrolling, playing, or winning.

Governing Law; Venue and Jurisdiction

By visiting or using the Imagine Sports Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Imagine Sports or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Los Angeles, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts in Los Angeles, California.

Arbitration

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this User Agreement ("Dispute"), you and Imagine Sports agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Imagine Sports will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice by e-mail to Imagine Sports at: disputes@imaginesports.com.

If you and Imagine Sports are unable to resolve a Dispute through informal negotiations, YOU AND IMAGINE SPORTS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, AND/OR THE IMAGINE SPORTS WEBSITE (INCLUDING YOUR VISIT TO OR USE OF THE WEBSITE) SHALL BE FINAL AND BINDING ARBITRATION, except that: to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the Communication Services rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this User Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Imagine Sports will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE IMAGINE SPORTS WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to Imagine Sports Website (including your visit to or use of the Website) be instituted more than one (1) year after the cause of action arose.

No Waiver

Imagine Sports shall not be deemed to have waived any breach of these terms and conditions of use by virtue of not having taken action with respect to any previous breach(es). If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Software Available on the Imagine Sports Website

Software (if any) that is made available to download from the Imagine Sports Website, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Imagine Sports and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Imagine Sports hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular Imagine Sports Website in accordance with these terms and conditions of use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Imagine Sports and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IMAGINE SPORTS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IMAGINE SPORTS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE IMAGINE SPORTS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE IMAGINE SPORTS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

IMAGINE SPORTS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE IMAGINE SPORTS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IMAGINE SPORTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL IMAGINE SPORTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IMAGINE SPORTS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE IMAGINE SPORTS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE IMAGINE SPORTS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE IMAGINE SPORTS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IMAGINE SPORTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IMAGINE SPORTS WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IMAGINE SPORTS WEBSITE.

Indemnification

You are entirely responsible for maintaining the confidentiality of your user name(s), password(s) and account(s), as well as all activities that occur thereunder. You hereby agree to indemnify, defend and hold Imagine Sports, its affiliates, suppliers, licensors and licensees, and their respective officers, directors, employees, owners, agents, contractors, licensors and licensees (collectively the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions of use or claims arising from in or in connection your user name(s), password(s) and account(s). You shall use your best efforts to cooperate with us in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination/Access Restriction

Imagine Sports reserves the right, in its sole discretion, to terminate your access to the Imagine Sports Website and the related services or any portion thereof at any time, without notice.

Refund Policies

Except as otherwise provided herein, Imagine Sports does not provide refunds for purchases.  All purchases are final.

If you decide for any reason that you are unhappy with your first Imagine Sports purchase within 30 days of your purchase, then we will promptly provide you with a refund of the amount received by Imagine Sports. This policy applies only to first-time purchasers who notify us in writing within 30 days of their first purchase. No refunds for any other purchases will be made.

Patent, Copyright And Trademark Notices

The Imagine Sports Website contains materials that are protected by national and international copyright and trademark laws. None of the materials (including but not limited to the text, images, audio and/or video) and none of the software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled. Use or distribution of the Materials without the express written consent of Imagine Sports is strictly prohibited.

All contents of the Imagine Sports Website are: Copyright ©2005-2016 Imagine Sports and/or its suppliers. All rights reserved. Any rights not expressly granted herein are reserved. Technology used by Imagine Sports is patent pending.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING USER AGREEMENT AND AGREE THAT MY USE OF THE IMAGINE SPORTS WEBSITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THIS USER AGREEMENT.