Dime Sports, Inc. d/b/a DimeSports $100,000 Fantasy Football Challenge ("Dime Sports", "DMI", "we", "us" or “our”) maintains this web site ("Web Site") for your individual entertainment. We offer you access to our Web Site and the ability to participate in our exclusive fantasy games, premium content products as well as web blogs ("blog" or "blogs"), message boards ("Community Area(s)") and other contests, sweepstakes and promotions (collectively the "Services") and other services that we may from time to time provide from the Web Site, subject to these Terms and Conditions of Use (the "Terms"), our privacy policy (the "Privacy Policy") and the Official Rules and Regulations and Game Rules for the applicable game(s), contest(s) and promotion(s) (the "Rules" and together with the Terms and the Privacy Policy, collectively the "Agreements"). By proceeding beyond the Web Site's home page, you express your consent to, agreement with, and understanding of, the Agreements. We may, in our sole discretion, modify, restrict, change, or otherwise alter the Agreements or the Web Site, in whole or in part, impose limits on certain features or Services on the Web Site or restrict your access to part or all of the Web Site from time to time without notice to you.  It is important for you to refer to the Terms from time to time to make sure that you are aware of any additions, revisions or modifications that we may have made to these Terms. Your use of the Web Site constitutes your consent to, agreement with, and understanding of such modifications, changes or alterations.

The Web Site is intended for the users' personal enjoyment. You agree and acknowledge that the Web Site and any Community Area on the Web Site are public and not private communications. Web site users ("Users") shall use the Web Site for lawful purposes only. On occasion, Community Areas may be hosted or moderated by a third party. Any statement, action, or opinion that a third party host or moderator expresses shall be his or her own and does not represent DMI’s views or opinions. You agree that we shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party in such Community Areas. While we cannot review every Community Area or the placement of every link, and are not responsible for the content or the placement of any link to another site, we reserve the right, but not the obligation, to delete, move or edit content, blogs, chat rooms and bulletin boards or have such links removed if they are inaccurate, abusive, defamatory, obscene, in violation of an existing copyright or otherwise unacceptable in their nature or placement.
DMI promotes and supports active and open communication and debate among its members. Users must keep all communications lawful and we ask that it be done in a civil manner – be it posting on message boards, blogs or other Community Areas or using our systems to email or message other members directly (“User Content”). Accordingly, you agree to use The DMI site for lawful purposes only. You may not use or allow others to use your DMI membership to:

• Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person
• Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements)
• Post, transmit, or link to sexually explicit material
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes
• Intentionally violate any other applicable law or regulation while accessing and using the DMI site
• Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer

DMI may at any time, without prior notice and at our sole discretion, remove any post or terminate your membership for violating any of the above provisions. As stated in Section 11 below, you agree to indemnify DMI and hold us harmless from any actions, claims, proceedings, or liabilities arising out of your violation of these terms and conditions. You are responsible for all statements made and acts that occur through the use of your user name and password. Do not disclose your password to anyone. If it has been lost or stolen, it is your responsibility to inform us as soon as possible.
DMI does not claim ownership of User Content. However, you hereby grant DMI a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content and to incorporate User Content in other works in any form, media, or technology now known or later developed.

Where applicable, Users agree to pay all charges to their account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. DMI reserves the right to change the amount of, or basis for determining, any fees or charges for the Services, and to institute new fees or charges effective upon prior notice to Users. Users must provide valid credit card information to DMI to make an online purchase. Users represent and warrant that they are an authorized user of any and all credit card’s used to pay charges to their account.

 

By agreeing to pay all charges, you consent to DMI automatically renewing your annual fee. DMI will notify you by email prior to June 1st of each year. Do nothing and the regular annual fee renewal price (plus applicable tax) will be automatically charged using the payment method ( e.g. credit or debit card) provided. You authorize DMI to use contact and billing information provided during purchase activity to charge each renewal.

 

If you do not want to be automatically charged, you may discontinue the auto renewal feature at any time after the completing of this order by contacting customer service to receive a full refund if cancelled prior to the first regular season game of each perspective league year.

 
User's right to use the Services is subject to any limits established by DMI or, where applicable, by User's credit card issuer. If payment cannot be charged to User's credit card or User's charge is returned to DMI for any reason, DMI reserves the right to either suspend or terminate User's access and account, thereby terminating this Agreement and all obligations of DMI hereunder. DMI agrees that it will terminate User's account upon proper notice from User. All cancellations of Service purchases are handled under the terms of DMI's Cancellation Policy. If a User has reason to believe that his/her account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of User's ID, password, or any credit, debit or charge card number stored on the Services), User must promptly change his/her password and notify DMI of the problem (by notice given as described in Section 16 below) to avoid possible liability for any unauthorized charges to User's account.

Prizes are offered in connection with some Services on the Web Site. Each game, contest and sweepstakes will be governed by its own set of official rules. We encourage you to read such contest or sweepstake's Rules before participating in any contest.  Your participation in any contest or sweepstakes represents your consent to the terms of the official rules.

 

In most cases, to gain access to the Services, you must register on the Web Site. When and if you register to become a member, you agree to provide accurate, current, and complete information about yourself as prompted by the appropriate registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Web Site.

As part of the registration process, you will be asked to select a user name and password. We may refuse to grant you a user name 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 ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

We respect your concerns about how we may gather and/or use personal information, and want to protect your privacy. When you initially access the Web Site, and on occasions when you access the Web Site thereafter, we may collect certain data in addition to the data collected during registration for the Services. Our Privacy Policy will govern how we may collect and use this data. By assenting to these Terms and using this Web Site, you evidence your agreement with, and understanding of, the Privacy Policy accessible on our Web Site.

We welcome any User suggestions to assist us in providing new information and services to our Users. While we will endeavor to review your suggestions, we may not be able to adequately respond to messages suggesting new ideas. You hereby agree that any idea that you may convey to us shall become our sole and exclusive property and that we will have no liability or responsibility for providing any credit, compensation or other consideration for any idea that you may send to us or for keeping such idea confidential. Such submissions may not be acknowledged and will not be returned.

 

The Web Site may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties ("Content"). Such Content is for your reference only and should not be relied upon by you for any purpose. The Content may not be copied, duplicated, distributed, downloaded (unless as required in order to participate in a game, contest, quiz or other competition), sold or otherwise exploited by you in any way, except as agreed to in writing by us. We are not responsible for the Content's accuracy and reliability.

From time to time, the Web Site will contain hyperlinks ("Links") to third party web sites and/or banner advertising and/or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Such Links and Advertising are for your reference only, and we neither control such linked web sites or Advertising nor are we liable or responsible for their content. If you use the Links to access these third party web sites, you will leave the Web Site and your browser will be redirected to the third party web sites. The third party sites may have their own terms of service and privacy policy and those third party sites may have different practices and requirements than the Web Site. Display of such Links or Advertising on the Web Site does not imply or express any endorsement by us or any individuals or entities referred to in the Content on such linked web sites, or of such Links or Advertising, or any association with their operators. You may direct any comments or concerns that you may have regarding any such Links or Advertising on the Web Site to us, as set forth in Section 16. User is solely responsible for any charges or obligations that may be incurred as a result of any dealings with such web site operators or Advertisers. Other web sites may also have a link to our Web Site posted on their web site; you hereby acknowledge and agree that we are not responsible for the content of any such web site or the actions of any operator of any such web site.

 

The Web Site and all materials on this Web Site including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Intellectual Property") are or may be protected under United States and worldwide copyrights which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Web Site or any other web site owned or operated by us without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Web Site or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of this Web Site on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form.

If you know or become aware that any information or ideas on the Web Site submitted by any other user is protected by intellectual property laws, you agree to promptly give us notice of such infringement by the methods set forth in Section 16 of the Terms.

You agree to defend, indemnify and hold harmless, us, our affiliates, agents, employees, directors, interest holders, stockholders, officers, managers, attorneys and content producers from any claims, actions, losses, damages, liabilities, judgments, settlements, and other costs and expenses (including attorneys' fees and disbursements) arising out of or relating to: (i) your breach or failure of your obligations under the Agreements, (ii) the placement by you of a link to the Web Site on any web site or in any e-mail, or (iii) your use of the Web Site or participation in any activities arising from this Web Site, including but not limited to, the Services. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity.

 

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR OFFICERS, MANAGERS, AGENTS, DIRECTOR, ATTORNEYS, AFFILIATES, INTEREST HOLDERS, STOCKHOLDERS, EMPLOYEES OR CONTENT PROVIDERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER US NOR ANY OF OUR OFFICERS, MANAGERS, INTEREST HOLDERS, AGENTS, DIRECTORS, AFFILIATES, EMPLOYEES OR CONTENT PROVIDERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. OUR WEB SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS," AND "AS AVAILABLE" FOR YOUR PERSONAL USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH DMI OR THE WEB SITE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY AND ACCURACY OF CONTENT, INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROCESS.

NEITHER DMI NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, ATTORNEYS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEB SITE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL IDEAS ON THE WEB SITE OR SUBMITTED TO US. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DMI NOR ANY OF ITS AGENTS, AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, ATTORNEYS, MANAGERS, INTEREST HOLDERS, EMPLOYEES OR CONTENT PROVIDERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). IN THE EVENT THAT THIS SECTION 12 IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST DMI OR ANY OF ITS AGENTS, AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, ATTORNEYS, INTEREST HOLDERS, OFFICERS, MANAGERS OR CONTENT PROVIDERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.

 

Subject to each of the Rules applicable to the Services and the DMI Privacy Policy, we welcome Users who are 18 years of age or older. If you are a minor, your parent or guardian must accept and bear full responsibility and liability for all your actions when you use the Web Site.

The Agreements shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Agreements. A printed version of the Agreements shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF.

If you wish to contact us for any reason, please use our Customer Support.

Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements, including without limitation this Section 17. Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements.

Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Web Site. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect. Any rights not expressly granted herein are reserved.