1. ACCEPTANCE OF TERMS
Welcome to Superbrawl.com ("Superbrawl"), owned and operated by Superbrawl.com. Superbrawl provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: superbrawl.com under the help section. In addition, when using particular Superbrawl services, you and Superbrawl shall be subject to any posted guidelines or rules applicable to such services which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Superbrawl provides users with an application for running your fantasy game or sports pool.
Superbrawl provides team statistics and matchups, game scores, and other information pertaining to fantasy sports and all of this information is for entertainment only and should be considered to be unofficial. While Superbrawl will use reasonable efforts to include accurate and timely information, Superbrawl will not warrant or make any respresentations of any kind with respect to the information provided to you. Superbrawl shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website service, and shall not be responsible or liable for any error or omissions in that information.
Superbrawl will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to Superbrawl from all or part of the internet. Superbrawl will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. Superbrawl will not accept responsibility for any consequences resulting from disruptions in service.
Superbrawl will make every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the internet, and every reasonable effort to ensure these programs are free of defects. Superbrawl will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any users.
3. ENTERTAINMENT AND MARKETING ONLY
Superbrawl is for entertainment or marketing purposes only and may not be used in connection with any form of gambling or wagering.
4. RESERVATION OF RIGHTS
Superbrawl expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any Superbrawl service if Superbrawl, in its sole discretion: believes you have violated or tried to violate the rights of others; or believes that you have acted inconsistently with the spirit or letter of the TOS. Superbrawl has the right to modify or discontinue service, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that Superbrawl will not be liable to you or to any third party for any modifications or discontinuance of service.
5. LICENSE TO USE SOFTWARE
Users have a limited license to access and use the software that comprises the service. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the Superbrawl service functions. No rights of any kind in any of Superbrawl's software, programs or other property shall accrue to any user.
6. PRIVACY POLICY
The Superbrawl Privacy policy can be found in our help section under privacy policy.
7. YOUR REGISTRATION OBLIGATIONS
To register on Superbrawl you need to enter an email address, username (gameid) and password, and you need to agree to these Terms Of Service. Since we use your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. If you use an invalid email address, you may find it difficult to retreive your password and get customer service.
8. USERNAME, PASSWORD AND SECURITY
You will create a username and password when registering with Superbrawl. The username you pick will be unique to your pool. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and email accounts. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify Superbrawl of any unauthorized use of your username or any other breach of security, and (b) ensure that you log off from your account at the end of each session. Superbrawl cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. INVALIDITY OF SPECIFIC TERMS
If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
10. LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $25. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. INDEMNITY
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.