Terms of Service
Terms and Conditions
The following Terms and Conditions govern your access to and use of http://www.realtimedraft.com (“Web Site”). The Web Site is owned and operated by an entity legally conducting business in the State of Washington under the trade name of RealTime Draft (“owner/operator”). These Terms and Conditions may be unilaterally changed by the owner/operator of the Web Site and will be updated accordingly on this page of the Web Site. Your continuing access to and use of the Web Site after such changes are posted hereby constitute your assent and acceptance of the Terms and Conditions; therefore, it is imperative that you periodically consult these Terms and Conditions.
Third-Party Trademark(s) Notice
Owner/operator has limited its use of third-party trademarks, and all other intellectual property, on the Web Site in reasonable accordance with Fair Use defenses (e.g. nominative fair use) and First Amendment defenses to trademark infringement or right of publicity claims.
The owners of all trademarks, and ALL other intellectual property appearing on the Web Site, have not in any way contributed to this Web Site, nor have they sponsored, endorsed, or become in any other way affiliated with this Web Site. The appearance of third-party trademarks on the web site is not meant to create consumer confusion regarding the origin, endorsement, or sponsorship of the web site by the third parties.
Content Ownership and Use Restrictions
All content on the Web Site, except for the third-party trademarks mentioned above, is the exclusive property of the owner/operator. This content shall not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used except as provided in these Terms and Conditions without the written permission of the owner/operator.
If you choose to register an account with the Web Site, you agree to provide true, accurate, and complete information. It is your sole responsibility to ensure that said information is updated as changes may occur over time. You hereby agree that owner/operator shall incur no liability whatsoever as a result of your failure to update the information that you submit to the Web Site.
You agree to and hereby authorize all transactions initiated under your registered account’s username and password. It is your sole responsibility to protect the confidentiality of your username and password. In no event shall owner/operator be held liable, nor shall it be obligated to issue any refund(s), for any transactions initiated using your username and password irrespective of whether the transaction was authorized by you.
The demographic information (age, gender, geographical location, etc.) that you provide at the time of registering with the Web Site may be used by owner/operator, displayed on the Web Site as it relates to the basketball-related information contained therein, or provided to third parties. However, such disclosure of your demographic information will not also include your personal identifying information as detailed below.
Unless otherwise explicitly permitted by you, or as required by applicable law, your personal information (name, email address, phone number, etc) shall not be shared with third parties for any reasons.
Message Forum Conduct and Rights
The Web Site presents its registered users with opportunities to post messages in a threaded discussion format. If you opt to partake in this feature of the Web Site, you must not do so in a manner that: (1) interferes with other users’ use and enjoyment of the Web Site; (2) is unlawful or encourages or solicits unlawful conduct; (3) infringes the intellectual property rights of third parties; (4) contains any commercial-related information, advertisements, and/or business proposal(s); and/or (5) is misleading, false, or irrelevant information.
Owner/operator possesses the voluntary, non-compulsory, right to review, edit, and/or delete any messages submitted by you and other users that, in the sole discretion of owner/operator, are deemed to violate the Terms and Conditions stated herein. Nothing stated herein, nor any exercise by owner/operator of its optional right to review, edit, and/or delete user messages, shall constitute an approval or endorsement by owner/operator. Owner/operator is not the publisher of any messages posted by the registered users of the Web Site.
You agree that all messages submitted to the threaded forums, to other users, and/or directly to owner/operator are not confidential or proprietary.
Transfer of Ownership
All information and/or any other form of content, whether solicited or unsolicited, that you provide to the Web Site in any manner shall automatically become the exclusive property of owner/operator, and you will retain no legal property right or any other right(s) therein. Owner/operator may use this property in any way it wishes without any legal or financial liability to you or need to gain further permission for continued use in the future.
Disclaimer of Warranties, Limitation of Liability, & Indemnification
The information presented on the Web Site is provided by the owner/operator without any warranties, express or implied. You hereby agree to view and/or use the information on the Web Site “as is” and to not pursue any claim of action against the owner/operator as a result of the information believed to be or proved to be inaccurate, incomplete, etc.
Owner/operator ‘s liability as a result of any legal proceeding shall not include incidental, indirect, exemplary, special, or consequential damages.
You shall indemnify and hold owner/operator harmless from all claims, liabilities, damages, and expenses (incl. attorney’s fees) arising out of your use of the Web Site and/or breach of these Terms and Conditions.
Notice of Copyright Infingement (DMCA Agent)
If you believe that your work has been subject to copyright infringement on the Web Site, please contact:
17905 NE 36th Way
Vancouver, WA 98682
Choice of Law & Arbitration
These Terms and Conditions and any resulting disputes between the parties concerning said Terms and Conditions shall be governed by the laws of the State of Oregon.
You hereby agree to waive the right to a jury trial and agree to binding arbitration as the exclusive means for conflict resolution between the parties.
You agree that each of the provisions included in these Terms and Conditions is separate, distinct, and severable from the other and remaining provisions of these Terms and Conditions, and that the invalidity or unenforceability of any portion of these Terms and Conditions shall not affect the validity or enforceability of the remainder.
The descriptive headings in these Terms and Conditions are included for convenience of reference only and shall not affect in any way the meaning or interpretation of these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between the parties and supersede any and all prior and contemporaneous agreements between the parties relating to the subject matter herein.