Web site Use. FanTab encourages you to carefully choose the information you submit, post, or provide to others using the Web site or Web site features (e.g., comments, postings, etc.). Any conversations or information you have or share with others using features that are available on the Web site and any User Submissions (defined below) may be accessible and viewable by all other users or by other registered members of the Web site depending on what settings you choose. FanTab does not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Web site, such as the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.
FanTab reserves the right to remove, edit or reject any User Submissions (defined below) at any time, in its sole discretion. Furthermore, FanTab may restrict, suspend or terminate any user’s access to all or any part of the Web site or its features at any time, for any or no reason, with or without notice and with no liability to FanTab whatsoever.
In order to access many features of the Web site, you will have to create a registered member account and access our Web site through a third-party platform that requires you to have a login name and password (e.g., Facebook, Twitter). FanTab does not store or have access to your password if you login through a third-party platform. You may never use another member’s account or share your account with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account. You must notify FanTab immediately of any breach of security or unauthorized use of your account by contacting us at firstname.lastname@example.org.
FanTab Sharing Tools. We have built, and are continuously adding, tools that enable you to integrate FanTab data into your Websites, blogs, mobile, and social media applications. The following terms relate to those tools, should you decide to utilize them:
Permission. We grant you a limited, personal, non-exclusive, fully revocable license to use FanTab's sharing tools, so that you can post certain FanTab charts and data on your Website, blogs, mobile, and social media applications.
Misuse. You will not misuse or misrepresent the FanTab sharing tools, or the FanTab brand or service. You will also not misrepresent your relationship to FanTab.
Intellectual Property Rights. The content on the Web site, except all User Submissions (“Web site Content”) is owned by or licensed to FanTab, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. FanTab is the owner of the trademark FanTab™ and such mark may not be used in connection with any product or service in any manner without FanTab’s prior written consent. You in no way will obtain any ownership interest in the Web site Content, trademarks or service marks contained on this Web site. Web site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. FanTab reserves all rights not expressly granted in and to the Web site and the Web site Content. You agree to not engage in the use, copying, or distribution of any of the Web site Content other than as expressly permitted herein or as reasonably necessary to use the Web site for its intended purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Web site Content or User Submissions or enforce limitations on use of the Web site or the Web site Content and User Submissions.
User Submissions. The Web site may permit the submission of certain user-generated text, information, data, [audio, photographs], files or other content to the Web site (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by FanTab and viewed by both general users and registered members of the Web site. You understand that FanTab does not guarantee any confidentiality with respect to any User Submissions.
You will retain all ownership rights in your User Submissions. That includes the rankings you provide, the comments you make, the analysis you write, and other User Submissions you contribute. By using FanTab you are permitting any User Submissions to be viewed, posted or published on our Web site and are granting us the non-exclusive, sublicenseable, transferable, royalty-free, fully-paid up, perpetual, worldwide license to use any User Submissions you provide. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission. That means we can use your User Submissions however we want, whenever we want, even after you delete your account.
Sounds a little intimidating, but really, it’s all about maintaining the historical integrity of the data. We want to ensure that, for example, the historical Cleveland Cavaliers index in 2010 doesn't get altered in 2012 because you decide to delete your account. In other words, if you provide a ranking for the Red Sox, it goes into the team "index" and can't be removed because you cancel your account. Also, any analysis or commentary you provide won't be deleted either. We’re not into revisionist history.
By the way, the license your grant to us in any User Submissions is "platform independent," which is a fancy way of saying that we can use your User Submissions in our charts, in print, online, via mobile devices, or through any future technology. It is also transferable and sublicensable, which means we can give that content to another party without asking you.
So, basically, if you don't want us to have rights to User Submissions, then you really shouldn't use FanTab, which is a waste of time anyway. Maybe go start a blog, or something.
By using FanTab, you further agree to the following rules:
No access to other users’ accounts. You will not attempt to access any other users' FanTab account, nor will you solicit personal or login information from FanTab users.
No solicitations: You will not advertise to, solicit, or sell to any person without FanTab’s and their prior explicit consent.
No discrimination. You will not post content that is hateful, threatening, violent, or discriminating to any other FanTab user or group.
No pornography. You will not post content that contains nudity, nor will you post content that’s only appropriate for mature audiences (i.e., what would be in a rated R movie). You can find that stuff at plenty of other Web sites.
No bullying. You will not intimidate, harass, or "bully" any other FanTab users. If you do, we reserve the right to intimidate, harass, and bully you, punk.
Swiper no swiping. That's from Dora the Explorer. It doesn't mean anything, but when you have young daughters, your sense of humor can get a little buggy. But we promise that’ll be the last Dora the Explorer reference we’ll make.
No commercial use. You will not use FanTab for commercial purposes, including promotion,advertising or sales of any products or services, without FanTab’s prior written consent. That includes spam, one-to-one communications, contests, giveaways, sweepstakes, solicitations, or any other commercial schemes. No pyramid schemes, people, or any other unlawful schemes.
No harvesting. You will not collect any information on FanTab users whatsoever. No stalking or scraping, and certainly no harvesting of information using spiders, scrapers, bots, or other automated processes.
No viruses. You will not upload viruses or other malicious code to FanTab or its users.
No unlawful activity. You will not use FanTab to do anything unlawful, malicious, misleading or illegal, that is abusive, threatening, obscene, defamatory or libelous, or that furthers or promotes any criminal activity or enterprise. You will not post content to FanTab or take any action on FanTab that violates some else's rights or copyright, or violates the law in any way, including without limitation harassment or stalking. FanTab reserves the right to remove any content or disable anyone's account who violates that statement.
No attacks. You will not do anything that could slow or disable FanTab. That includes denial-of-service attacks or other similar tactics that could impair FanTab.
No false information. You will not provide any false personal information to FanTab, either during the registration process or at any time.
No multiple registrations. You will not register more than once for FanTab, nor will you create more than one personal profile.
No sharing. You will not share your username or password.
No transfer. You will not transfer your account.
No exposure. You will not post your own or anyone else's sensitive personal documents, such as identification documents or financial information. And don't expose yourself, or anyone else. That would be gross.
No time-traveling. You will not travel back in time to steal our idea, sabotage a rival team, break a scandalous sports story or make a killing betting on games — at least not without cutting us in on the action.
In order to protect third parties and other users from such prohibited conduct, FanTab reserves the right to restrict, in its sole discretion, communications which a user may send through the Web site.
You understand that when using the Web site, you will be exposed to User Submissions and third party information from a variety of sources and that FanTab is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FanTab with respect thereto.
Digital Millennium Copyright Act
Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Web site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Web site; (iii) a description of the location on the Web site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FanTab’s designated Copyright Agent for notice of claims of infringement is:
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FanTab’s customer service at email@example.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state your are located or the Commonwealth of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, FanTab shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, FanTab may, in its sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, FanTab shall, in appropriate circumstances, terminate access, at FanTab’s sole discretion, of any registered member that FanTab finds to be a repeat infringer of others copyrights. FanTab may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
Warnings. Please be aware of the following:
Fees. Most of FanTab's services are free. However, FanTab reserves the right to charge for its services at a later date. In addition, you may incur usage fees from your existing carriers when using FanTab (i.e., mobile usage fees, text messaging fees, etc.).
Warranty Disclaimer. You agree that your use of the Web site shall be at your sole risk. The Web site, the Web site Content, User Submissions and any services made available on the Web site are provided on an “as is” and “as available” basis. FanTab does not make and disclaims any and all express and implied warranties and representations, including but not limited to any implied warranty or fitness for a particular purpose, with regard to the Web site, the Web site Content, User Submissions or any advice or services provided through the Web site, to the fullest extent permitted by law. Without limiting the foregoing, FanTab does not represent or warrant that: (i) the Web site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Web site will be corrected; or (iii) the Web site or the server that makes it available are free of viruses or other harmful components. FanTab does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Web site or any hyperlinked web site.
Limitation of Liability. In no event shall FanTab, its officers, directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of Web site and/or any other third-party web sites, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Web site or any third-party web site; or (iii) any of your transactions with third parties or other users. The limitations on FanTab’s liability to you above shall apply whether or not FanTab has been advised of the possibility of such losses or damages arising. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that FanTab shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
User Suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to FanTab are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. FanTab shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
Questions; Comments. If you have any questions or comments on this Web site or become aware of misuse of the Web site by any person, please contact us at firstname.lastname@example.org or at the following address: FanTab, Inc., Attn: User Comments, 50 N. Main St., Ipswich, MA 01938.
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Scope. This Policy covers all of FanTab. However, it doesn't apply to web sites or services that we don't control. You should know that while visiting the Web site, you can be directed, through links, to other web sites. FanTab is not responsible for the privacy practices and policies of such websites. We know, that seems obvious, but you need to understand that this Policy only applies to FanTab, and not sites or services that use FanTab data or other elements of our service.
Usage. Probably no surprise here, but by using or accessing FanTab or by registering as a member of this Web site, you consent to the use of your Personal Data (defined below) as described in this Policy, which are outlined here.
Personal Data. Your privacy is important to FanTab. We at times collect, retain and utilize Personal Data about you to operate our business and to notify you of services and other opportunities offered by FanTab or its partners. The term ”Personal Data“ means data that can reasonably be used to identify you that FanTab obtains about you, including your name, favorite sports teams, zipcode, physical address and email address. We recognize and respect your privacy concerns about this information. As you use FanTab, you may also be asked to provide additional personal information, including gender, birthday, income, and other information. We also allow you to invite others to participate in FanTab. That includes uploading your "contacts." If you don't want to do that, well, then don't do it, because your contacts would get an invitation to join FanTab, which they may find really annoying. We obtain Personal Data in a variety of ways (for example, as provided by you when you register to use the Web site, or from your other transactions or experiences with FanTab or its affiliates, including comments and information that you submit when utilizing the ”social networking“ aspects of the Web site).
Use of Personal Data. We may send promotional email messages to you on behalf of third parties. We do not share your Personal Data with such third parties, and you have the opportunity to opt out of such promotional messages by ”unsubscribing.“
You do not have to sign up to use the Web site. However, in order to customize your page and take full advantage of the Web site features, you do have to sign-up. If you sign onto the Web site using your Facebook or Twitter account and you agree to allow FanTab to access your Facebook or Twitter account information, including your name, email address, profile picture, gender, ”networks“, user ID (but not your password), list of friends or followers, and ”any other information I've shared with everyone“, FanTab may collect such information. If you allow FanTab access to such data, FanTab may access that data at any time, including when you are not using ”the application“.
Further, when you visit the Web site we collect information that does not identify you to measure the use of the Web site and to improve the content of the Web site, including as described below.
Other Information We Collect. Okay, here's where it gets complicated, but important to understand:
Activity data. We keep track of nearly all the actions you take on FanTab. That includes the sports you like, the teams you like, and the "ratings" you provide about each. That means we are tracking your sentiment, or how you feel about your sports teams, and we are tracking that sentiment over time. For example, we will be able to chart your pre-season confidence in the 2011 Red Sox vs. the 2012 Red Sox. In addition, we track your relationship to other FanTab users that you follow, and--by extension--we track their relationship to you. We also track any pages you visit, any comments you make, and any connections you have to other FanTab members.
Sentiment data. We know that "sentiment" was mentioned in the paragraph above, but we're adding a special section on it here because it's really really important. FanTab basically tracks how you feel about stuff. If you're depressed about the plight of the Cleveland Cavaliers, we'll know. If you're giddy with the success of the Yankees, people will hate you, and we'll know about that too. The whole point of FanTab is to collect and map sentiment data over time, and to help our advertising partners reach those fans in a fashion that is more targeted than just a sign in a sports stadium. Doing so enables you, the fan, to benefit from highly tailored messages that are related to your passions. If you’re a Chicagoan bummed out by the Cubs, you don’t want happy promotions to buy White Sox jerseys... you want commiserating discounts from the nearest bar. One of our goals is to deliver highly targeted, beneficial, yet confidential marketing messages. If that makes you uncomfortable, do not use FanTab.
Device data. We keep track of the devices that you use to access FanTab, including your computer, mobile phone, toaster oven, or any other Internet-enabled contraption you might buy or build. We also collect information from those devices regarding their location. As is true of most web sites, FanTab may gather certain information automatically through the Web site and store it in log files. This information, which does not identify you, includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We may use this information to track user habits and improve the functionality of the Web site as a result of our observations.
Spotlight Tags. FanTab may also use spotlight tags, which are transparent GIF files embedded in the Web site, to help manage and track the effectiveness of online advertising. Spotlight tags enable the recognition of a unique cookie on your web browser, which in turn enables us to learn which advertisements bring users to the Website. The cookie would be placed by us, or by another advertiser who works with us. The information that we may collect via spotlight tags and share is anonymous and not personally identifiable.
Advertising data. We enable advertisers and marketers to reach FanTab users based on their sports passions, their sentiment, and their locations. For example, a die-hard Chicago Cubs fan living on the west coast might get offered tickets to Cubs games when they are on the road and nearby. Similarly, a Detroit Lions fan who is depressed about the team might get a "pick me up" offer from one of our marketing partners.
We also share information with advertisers about responses to their ads. We provide them information on how many users saw their ads, how many responded to them, and how many ignored them. We also work with advertisers to understand how many FanTab users actually purchased (or acted on) their advertisement. This helps us measure, understand, and improve the effectiveness of the advertisements you see. In order to compare the effectiveness of our ads, we may also receive information from third-parties about ads you've seen and interacted with.
Maintenance of Accurate Information. We have established procedures to correct inaccurate information in a timely manner. If you have any reason to believe that Personal Data about you that is stored and maintained by us is incorrect, please contact us by email at: email@example.com.
Protection of Information. We strive to maintain the reliability, accuracy, completeness and currency of your Personal Data in our databases and to protect the privacy and security of our databases and the data we collect. Any Personal Data that you provide to us will be stored on our computer network servers. We maintain reasonable physical, electronic and procedural safeguards to protect the confidentiality of your Personal Data. The security measures in place on the Web site and related computer systems aim to protect the loss, misuse or alteration of the information you provide to us. If you have any questions or concerns regarding the security of your information, please email us at firstname.lastname@example.org.
Business Transitions. In the event FanTab goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Data might be among the assets transferred. You will be notified via this Web site of any such change in ownership or control of your Personal Data.
International Transfer of Data. We may, from time to time, transfer your Personal Data from the U.S. to other countries and vice versa. We will endeavor to ensure that any such data transferred is appropriately protected and made pursuant to a contract or other measure providing adequate protection.
If you are visiting the Web site from a country other than the country in which our servers are located (currently the United States), the various communications will necessarily result in the transfer of information across international boundaries.
By visiting this Web Site and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Policy.
Changes in the FanTab Policy. If we decide to change this Policy, we will post the changes at this Web site and at other places we deem appropriate. We reserve the right to modify this Policy at any time, so please review it frequently.
Effective Date. This Policy is effective as of February 1, 2011.
Contact Us. If you have any questions or suggestions regarding this Policy, please contact FanTab at email@example.com.
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