Terms of Use
Terms of Use
By using the Website, you acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions, including our Privacy Policy located at www.epicpoker.com/privacy-policy.aspx (“Privacy Policy”). These Terms and Conditions are a legal agreement between you and Federated Sports and Gaming, Inc. (“FSG”, “us”, or “we”). These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and FSG regarding the subject matter hereof. If you do not agree with the foregoing, you are not authorized to use the Website.
Modification to Terms and Conditions
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on the Website.
You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.
Termination for Violation of Terms and Conditions
If you violate these Terms and Conditions, we may terminate your use of the Website, bar you from future use of the Website, and/or take appropriate legal action against you.
Intellectual Property Rights of FSG
The Website is owned and operated by us. “Website Content” means all features, materials, information, content, text, design, graphics, logos, icons, images, audio and video clips, and software appearing on or offered on the Website, as well as the selection, assembly and arrangement thereof. Website Content includes content protected by U.S. and international copyright and other intellectual property laws. All rights not expressly granted herein are reserved.
Permitted Use and Restrictions
You agree that you are only authorized to visit, view, download, print, and retain a copy of pages of the Website for your own personal use.
We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of the Website. If you download, print, or retain a copy of pages of the Website, you may not remove these notices or credits or any additional information accompanying such notices and credits.
Except as expressly provided herein, you shall not use, upload, copy, print, display, perform, reproduce, license, sell, transfer, host, post, transmit, commercially exploit, duplicate, download, publish, modify, make derivative works of or otherwise distribute the Website (including the Website Content) (in whole or in part), unless otherwise specifically authorized by us to do so in writing. You may not access the Website (including the Website Content) to build similar or competing websites. You may not disassemble, reverse compile or reverse engineer any software contained on the Website. If you wish to obtain permission to reprint or reproduce any Website Content you may contact us at info@federatedinc.com. We reserve the right to modify, suspend, or discontinue the Website or any part thereof without notice to you. Any updates to the Website shall be subject to these Terms and Conditions.
User Content
The Website may contain areas where users can post or upload comments or other user-generated content such as videos, photos, messages, other materials or items (collectively, “User Content"). We are not responsible for User Content submitted to the Website. You are solely responsible for any User Content you submit. By submitting User Content, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to submit User Content and enter into these Terms and Conditions, which forms a binding contract between you and FSG.
If you submit any User Content, you agree to abide by the following rules of conduct:
(i) You shall ensure that any information submitted by you to register to provide User Content is accurate, current and complete, and you will provide updated information promptly to ensure it remains accurate, current and complete;
(ii) You will maintain the security of your password and login, if applicable;
(iii) You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
(iv) You agree not to upload, post or otherwise transmit any User Content that is offensive, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
(v) You agree not to upload, post or otherwise transmit any material that contains or advocates pornography or that is otherwise obscene;
(vi) You agree not to upload, post or otherwise transmit any User Content that violates any law or that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
(vii) You agree not to upload, post or otherwise transmit User Content which contains advertising or any solicitation with respect to products or services, unless otherwise agreed in writing by us;
(viii) You agree not to impersonate any person or entity, including, but not limited to, any player or FSG employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(ix) You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about Website users or posting private information about a third party;
(x) You agree not to upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component;
(xi) You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission;
(xii) You agree that, if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Website ;
(xiii) You agree not to submit materials that are irrelevant to the subject matter of the Website; and
(xiv) Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Website will not be permitted. We reserve the right in our sole discretion to remove or edit User Content by you and to terminate your access to the Website for any reason.
FSG shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Website to determine compliance with these Terms and Conditions. Although FSG has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Website, FSG reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Website at any time and for any reason.
By submitting User Content to the Website, you automatically grant FSG a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content, and you forever release FSG, and its licensees, successors and assigns, from any claims that you could otherwise assert against FSG by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use. User Content submitted by you will be considered non-confidential and FSG is under no obligation to treat such User Content as proprietary information except pursuant to the Privacy Policy. Without limiting the foregoing, FSG reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. FSG is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to FSG. FSG shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If FSG determines, in FSG’s sole discretion and judgment, that your User Content violates, or may violate, these Terms and Conditions, FSG reserves the right to (a) refuse to allow you to upload User Content; (b) remove and delete your User Content; (c) revoke your right to use the Website; and (d) use any technological, legal, operational or other means available to FSG to enforce the provisions of these Terms and Conditions, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website.
Third Party Content and Linking
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Website, are those of the respective author(s) or distributor(s) and not of FSG. Neither FSG nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In certain instances, the content available through the Website represents the opinions and judgments of the respective user or information provider. FSG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by any third party.
This Website may contain links to other websites. Links to and from this Website from and to third party websites do not constitute an endorsement by FSG of any such third party website or content, and FSG is not responsible for the availability of these third party resources or their contents.
Copyrights and Copyright Agent
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), FSG has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website. All such notifications relating to this Website must be a written communication and must include all of the following information:
1. Identification of the copyrighted work claimed to have been infringed at the Website, or if multiple works are involved, a representative list of those works;
2. Identification of the material to be taken down and information reasonably sufficient to permit FSG to locate the material on the Website (e.g., the URL where it is posted);
3. Contact information sufficient for FSG to contact the complaining party;
4. An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner;
5. A statement that the person submitting the notification has a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notice is accurate, as well as a statement, under penalty of perjury, that the person submitting the notification is authorized to act on behalf of the copyright owner.
Claims of infringement that include the above required information must be submitted via postal mail, fax or e-mail to FSG’s agent as follows:
Copyright Agent
Two Wisconsin Circle, 3rd Floor
Chevy Chase, Maryland 20815
United States
Telephone Number of Copyright Agent: 202.688.0836
Facsimile Number of Copyright Agent: 240.238.8729
E-mail Address of Copyright Agent: copyrightagent@federatedinc.com
Voluntary Termination
By using the Website, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, the Website and/or to any services or materials offered on the Website
Privacy
We respect and make efforts to protect the privacy of all users of the Websites. Our current Privacy Policy available at http://www.epicpoker.com/privacy-policy.aspx is hereby incorporated herein by reference and made a part of the Terms and Conditions.
If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will delete that information as quickly as possible.
Disclaimer of Warranties
USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS SOLELY WITH YOU. ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FSG DOES NOT WARRANT THAT (i) THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE WILL BE CORRECTED; (3) THIS WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE WILL BE ACCURATE OR RELIABLE.
Limitations on Liability
IN NO EVENT SHALL FSG BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY. IN NO EVENT SHALL FSG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF FSG IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Applicable Law
The Terms and Conditions and any legal action against us shall be governed in all respects by the laws of the State of California and as those laws apply to agreements entered into and to be performed entirely within California, without regard to conflict of law provisions.
You agree that any claim or dispute you have or may bring against Federated Sports must be resolved by an appropriate federal or state court located in the County of Los Angeles, California. You agree to submit to the personal jurisdiction of the courts located in the County of Los Angeles, California for the purpose of litigating any claim or dispute you have with or bring against FSG. Notwithstanding the foregoing, to the extent FSG believes that you have in any manner violated (or you threaten to violate) FSG’s intellectual property rights, you agree that FSG is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any appropriate jurisdiction.
Outside the United States
We make no representations that the Website Content is appropriate for access outside the United States. Those who choose to access the Website from outside the United States do so at their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Indemnity
By using the Website, you agree to indemnify, defend and hold FSG, its subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, including, but not limited to, your violation of these Terms and Conditions.
Severability
If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.
Other General Provisions
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at info@federatedinc.com or at 202-688-0840, or write us at:
Attention: Webmaster
Federated Sports and Gaming, Inc.
Two Wisconsin Circle, 3rd Floor
Chevy Chase, Maryland 20815
