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Effective Date: April 30, 2008.

Welcome to FootballPot.com. When using the FootballPot.com Web site (the Site) and/or any of its functions, including creating and sharing pots, users agree to the terms and conditions set forth here (the Terms of Use). If you do not agree to these Terms of Use, you are not authorized either to use the Site (including any portion thereof) or to sign-up for Site membership.

You must be 18 to register and use any elements of FootballPot.com or its various associated domains. Hosts and players are responsible for ensuring that the Terms of any games they create on FootballPot.com conform with local and international law.


Contacting Square Play


FootballPot.com and all its features are the intellectual property of Square Play, Inc., a Texas corporation.

Square Play, Inc.
PO Box 1556
Bastrop, Texas 78602
Email: admin@footballpot.com


General Terms of Use


You are permitted to use the Site for personal, non-commercial purposes only.

By using the Site, you agree to be legally bound by the Terms of Use and to abide by them, just as if you had signed this Agreement. If you do not comply with these Terms of Use at any time, we reserve the right to terminate your access to all or any aspect of the Site. We may discontinue or alter all or any aspect of the Site, including, but not limited to: (i) restricting the time the Site is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user’s right to use the Site, at our sole discretion and without prior notice or liability. You are responsible for all charges associated with, connecting to or otherwise accessing the Site. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access or use any aspect of the Site.

In order to permit us to protect the quality of our products and services, you hereby consent to our employees and agents being able to access your account and information on a case by case basis to investigate complaints or other allegations or abuse, including suspected violations of these Terms of Use. We reserve the right to disclose the existence, occurrence or results of such an investigation except to the extent such disclosure is prohibited by law. Please note that use of the Site, including but not limited to use of the Site functions and user forums, by individuals under the age of 18 is prohibited. Additionally, with regard to the Square Play email service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the service under the laws of the United States or other applicable jurisdiction.


Content and Materials


You acknowledge that the Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. The "FootballPot.com" name and logo are trademarks of Square Play, Inc. All other trademarks appearing on the Site are trademarks of their respective owners. Square Play’s partners may also have additional proprietary rights in the content that they make available through the Site. You may not modify, publish, transmit, participate in the transfer or sale, or in any way exploit, any of the Content, in whole or in part, except for games you create using Site software for non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided via the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you conditioned upon your acceptance of these Terms of Use and your acceptance of the terms and conditions of any license agreements (including any "clickwrap" agreements) relating to such Software. Square Play does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.


Creating a Profile


If you elect to establish a password protected profile on the Site (which is required for access to the Site applications), including using FootballPot.com email distribution functions, or take advantage of such other services as may be offered only to users with a profile, you agree to provide true, accurate information about yourself as prompted by the Site’s registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, or inaccurate or Square Play suspects that such is the case, Square Play has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) to you or anyone else.

As part of the registration process, you will be asked to select a screen name and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. YOU WILL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND USE OF YOUR SCREEN NAME AND PASSWORD AND AGREE NOT TO TRANSFER OR RESELL YOUR USE OF OR ACCESS TO THE SITE TO ANY THIRD PARTY. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting here and immediately notify us of the problem by browsing to http://footballpot.com/reportabuse.html.


Site Privacy Policy


The Site’s Privacy Policy describes how we treat any personally identifiable information that you provide to us when you use the Site. You can review the Privacy Policy by clicking here.


Code of Conduct

The following mandatory Code of Conduct applies to your use of the Site, including but not limited to use of the Site email service and online user forums.
You agree not to use the Site to do any of the following:
  • harm minors in any way;

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

  • impersonate any person or entity, including, but not limited to, Square Play personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity, or express or imply that any statements you make are endorsed by us, absent our prior written consent;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation not related to the approved use of the Site Applications;

  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to surreptitiously monitor the recipient’s computer use or online activities without such recipient’s consent;

  • "frame" or "mirror" any part of the Site without our prior written authorization;

  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

  • intentionally or unintentionally violate any applicable local, state, national or international law;

  • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure of presentation of the Site or its contents;

  • "stalk" or otherwise harass another member or user of the Site; or harvest, collect or store personal data about other users or members; or

  • engage in illegal, fraudulent or misleading activities.

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Site. Square Play does not control all of the Content posted, emailed or transmitted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that, by using the Site, you may be exposed to Content that is inaccurate, false, offensive, indecent or objectionable. Under no circumstances will either Square Play be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.

Further, we reserve the right to prohibit the distribution or publication of any material on or in connection with the Site for any or no reason, in our sole discretion, including but not limited to any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services that has not been approved by Square Play in writing in advance of distribution.

All communications posted on the Site, including bulletin board communications, are public and not private communications. Although Square Play reserves the right to remove without notice any posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any bulletin board or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our designees a perpetual, royalty-free, irrevocable, sublicenseable, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. You represent and warrant that any materials that you upload to any bulletin board or submit to the Site are truthful and accurate.

We reserve the right (but do not have an obligation) to monitor the Site for adherence to these or other rules that may be published by us from time to time. We may revoke your registration privileges and/or take any other appropriate measures to enforce these rules upon learning of violations or suspected violations. Further, Square Play, in its sole discretion, may terminate your membership or restrict or block your ability to access all or any portion of the Site for any or no reason.


Additional Email Service Obligations


In addition to the terms and conditions set forth in this Terms of Use that are applicable to the Site (including the Square Play email service), the terms and conditions set forth in this section of the Terms of Use are specifically applicable to the Square Play email service.

The amount of email storage space per member is limited. Some email messages may not be processed due to space constraints or outbound message limitations. You agree that Square Play is not responsible or liable for the deletion, failure to process, or failure to store messages or other information. We may terminate your account and delete all messages, files and other correspondence in your account without prior notice to you if you have not logged into or accessed your account for ninety consecutive days. In using the Square Play email service, you agree to comply with any requirements, procedures, policies or regulations of networks connected to the Square Play email service, and to comply with all applicable laws and regulations regarding email usage.

Square Play reserves the right to immediately suspend, terminate, access and investigate any email account which it believes, in its sole discretion, is transmitting or is otherwise connected with either (a) the distribution of unsolicited commercial email messages, "spam," or any harassing or offensive email messages, or (b) any fraudulent, misleading or illegal activities. In addition, because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated, then you agree to pay Square Play liquidated damages of $5 for each piece of unsolicited commercial email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay Square Play’s actual damages, to the extent such actual damages can be reasonably calculated.


Submissions


If at our request you send content (e.g., postings to chat, boards, or contests) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Square Play. None of the Submissions shall be subject to any obligation of confidence or attribution on the part of Square Play, and Square Play shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you hereby grant to us and our designees a perpetual, royalty-free, irrevocable, sublicenseable, exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Submissions (or any portion thereof) or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that such Submissions shall be your original work, that you have the right to grant the license set forth herein and that all so-called "moral rights" in such materials have been waived.


Links and Search Results


The Site may provide, or third parties may provide, search results or other links to other World Wide Web sites or resources. Because Square Play has no control over such sites and resources, you acknowledge and agree that Square Play is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Square Play shall not be responsible or 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, goods or services available on or through any such site or resource.


Disclaimers


PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF REPRESENTATION AND WARRANTIES:
THE SITE IS PROVIDED ’AS IS’ AND YOU USE IT AT YOUR SOLE RISK. SQUARE PLAY AND ITS RESPECTIVE SUPPLIERS, ADVERTISERS AND PARTNERS, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

WITHOUT LIMITATION, SQUARE PLAY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM SQUARE PLAY PERSONNEL OR THROUGH THE SITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.


Disclaimer Regarding 3rd Party Sites


Square Play makes no guarantees as to sites and information located worldwide throughout the Internet which you may access as a result of the use of the Site, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Site may locate unintended and objectionable content.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.


Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT SQUARE PLAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SQUARE PLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE (INCLUDING ANY ASPECT THEREOF); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL SQUARE PLAY'S 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 TO SQUARE PLAY, IF ANY, FOR ACCESSING THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, OR RELATING TO, YOUR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnification


YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SQUARE PLAY AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND PARTNERS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.


Termination and Modification


You agree that Square Play, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Square Play believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Square Play shall not be liable to you or any third-party for any termination of your access to the Site. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Use at any time. Please check back at this webpage periodically for changes (you can determine if this Terms of Use has been modified since your last visit by referring to the "Effective Date" on this webpage). Your continued use of the Site following the posting of changes to these terms (including our Code of Conduct) will mean you accept those changes.


Governing Law and Other Miscellaneous Terms


Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the Site shall construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Texas applicable to contracts entered into and wholly to be performed within such state. You agree that any controversy or claim arising out of or relating to these Terms of Use or your use of the Site shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association or JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas and judgment on the arbitration award may be entered into in any state or federal court in Texas having subject matter jurisdiction thereof. You hereby waive any personal jurisdiction, venue and inconvenient forum objections to such state or federal court in Dallas, Texas. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and us relating to the subject matter herein and shall not be modified by you except in writing, signed by the parties. The Terms of Use will inure to the benefit of our successors, assigns and licensees.


Copyright and Copyright Notices


We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Square Play with the following information:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


Please contact Square Play regarding claims of copyright infringement as follows:
Square Play, Inc.
admin@footballpot.com
P.O. Box 1556
Bastrop, TX 78602


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