Terms of Use
The following terms and conditions (the "Terms of Use") govern your use of this Website and any services that are offered here. By using this site or the services provided thereon, you agree to be, and are, bound by these Terms of Use. These Terms of Use may be updated by PigskinEmpire.com from time to time, and without prior warning. You acknowledge and agree that your continued use of the PigskinEmpire.com Website or services after any such update signifies your acceptance of such modified Terms of Use. Because this is a legal agreement between you and PigskinEmpire.com, please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use this site or the services provided therein.
1. DISCLAIMER
You acknowledge and agree that your use of the PigskinEmpire.com Web site and the services offered therin is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the Web site is provided to you "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PigskinEmpire.com HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. PigskinEmpire.com MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE PigskinEmpire.com WEB SITE IS ACCURATE OR COMPLETE, OR THAT THE PigskinEmpire.com WEB SITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.
2. LIMITATION OF LIABILITY
If you do not agree with our Terms of Use, or if you are not satisfied with our Web site or any of the services that PigskinEmpire.com provides, your sole remedy is to discontinue your use of the PigskinEmpire.com Web site and services. PigskinEmpire.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE PigskinEmpire.com WEB SITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PigskinEmpire.com HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF the PigskinEmpire.com WEB SITE AND SERVICES.
SOME JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
3. INDEMNITY
You agree to defend, indemnify, and hold harmless PigskinEmpire.com, its officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the PigskinEmpire.com Web site, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.
4. LINKS
This Web site may contain links to other Internet Web sites or resources. You acknowledge and agree that PigskinEmpire.com is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our Website does not imply that PigskinEmpire.com endorses any of the linked sites. You use the links at your own risk.
5. REGISTRATION AND ACCOUNT USE
You agree that any information you provide in response to PigskinEmpire.com registration and other forms will be true, accurate, current and complete. In particular, you agree not to misrepresent your identity to PigskinEmpire.com. By submitting any information to PigskinEmpire.com, you grant PigskinEmpire.com the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy, which policy is set forth in our site.
You agree that all information on the PigskinEmpire.com website is owned by PigskinEmpire.com and may be used or modified in any way, within the confines of the Privacy Policy posted on this Web site. This information includes, but is not limited to, all players and player names, teams and team names, logos, avatars, and text posted via the forum and private messages.
You agree that you are allowed to control only one (1) account, unless specifically given permission from an administrator of PigskinEmpire.com. Opening or controlling multiple accounts without permission will be grounds for termination of all accounts you have opened, and a possible ban of the IP address used to open said accounts.
In order to give all users a fair chance to read and understand the rules involving multiple accounts, the administration of PigskinEmpire.com may allow merging of multiple accounts owned by an individual, for a fee to be rendered in Flex Points, as long as all accounts involved are less than 60 days old and were opened by the same individual. Merging of accounts is entirely left to the discression of the administrators of PigskinEmpire.com.
If you become a registered user of the PigskinEmpire.com site, you will receive a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. PigskinEmpire.com will not be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge.
6. EMPIRE POINTS
You agree that all sales of Empire Points are final and REFUNDS WILL NOT BE GIVEN.
You agree that any attempt to cheat or defraud the payment processor will result in the immediate termination of your account and possible legal action.
You agree that all referrals you provide to PigskinEmpire.com are legitimate individual users other than yourself. Any attempt to cheat or defraud PigskinEmpire.com through fake referrals will result in the immediate termination of your account and a possible ban of the IP address used to create said account.
7. TERM AND TERMINATION OF AGREEMENT
The term of this Agreement will begin on the date that PigskinEmpire.com accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. PigskinEmpire.com also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. No refunds will be available on account of any termination of this Agreement.
8. CHEATING
You agree to use the PigskinEmpire.com website in a manner that is consistent with the expressed wishes of the owners of PigskinEmpire.com and the Terms of Use herein. Any attempt to cheat, gain multiple accounts through illicit means, or gain Flex Points via fake referrals will result in immediate termination of all accounts you have opened, and may result in a ban of the IP address used to open said accounts. Cheating includes, but is not limited to: using automated account creation or log-in tools (i.e. "bots"), exploiting a bug or loop-hole without bringing it to the attention of PigskinEmpire.com administrators, attempting to hack into any PigskinEmpire.com server, and gaining Flex Points through fake referrals.
You agree that the interpretation of the word "cheating" is entirely up to the administrators of PigskinEmpire.com and may change at any time, in order to improve the experience of all users.
9. MODIFICATIONS TO TERMS OF USE
No modification to these Terms of Use will be effective unless: (a) posted by PigskinEmpire.com in the section of PigskinEmpire.com's Web site; or (b) expressly agreed to in writing on PigskinEmpire.com's letterhead and signed by the president or higher-level officer of PigskinEmpire.com. Any modification posted on this site will become effective immediately, and your continued use of PigskinEmpire.com's Web sites or the services it offers will signify your acceptance of such modified terms.
10. GENERAL PROVISIONS
These terms will be governed by and construed solely in accordance with the laws of the United States and the State of Oregon, excluding that body of law governing conflict of laws. Both you and PigskinEmpire.com agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of PigskinEmpire.com's Web site or services will be brought exclusively in a federal or state court in Oregon, and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or PigskinEmpire.com's rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the PigskinEmpire.com Web site, these Terms of Use set forth the entire understanding and agreement between you and PigskinEmpire.com regarding the subject matter hereof.
Members of this service must agree to the above general terms, as well as any additional terms and conditions governing the specific products utilized by the member, in order to use the PigskinEmpire.com website.