Last Updated: June 14, 2007
Completion of the registration process acknowledges Owner's ("you" or "your") acceptance of JBRB Holdings, Inc, a Georgia corporation, d/b/a Pre Pro Sports, hereafter referred to as "PPS" ("Us" or "Our") Terms of Service ("Terms") in its entirety. These Terms may be amended without notice at any time, and will take effect automatically fourteen (14) days after they are initially posted to the site. 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 the Terms. You can review the most current version of the Terms at any time at: http://www.preprosports.com/Web_Legal/PreProSports_TermsOfService.htm. Your continued use of our services after that time constitutes your acceptance of the amended Terms. Please read this Agreement carefully, because this Agreement is a legally binding agreement between you and PPS. You may receive a copy of this Agreement and PPS’ Privacy Policy by contacting PPS at: info@preprosports.com
We are committed to providing our Owners with the best features and service in the Fantasy College Sports industry. If you are not an existing registered member, please review the following Terms of Service and check the appropriate check box on the Registration page to acknowledge that you understand and agree to our terms.
PPS welcomes all parties who may legally enter into and form contracts under applicable law. You are required to provide complete, current and truthful registration, billing and account information, and you are required to update said information within three (3) days subsequent to a change. Owner’s access shall become active once accepted and acknowledged by PPS.
PPS currently provides users with access to a rich collection of online resources, including, various communications tools, online forums, shopping services, and personalized content (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new PPS properties, shall be subject to the Terms. PPS may change, suspend or discontinue any aspect of the Service at any time. PPS may also impose limits on certain features and services or restrict access to parts of or all of the Service without notice or liability. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that the Terms are personal to You and that You may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. PPS also may offer other services from time to time, which might be governed by different terms of services if stated. The PPS site, http://www.preprosports.com, and services are provided on an "as is" and "as available" basis. Your access and use of the PPS site, products and services is governed by and must be in accordance with the then current published PPS policies and procedures. By submitting this registration and/or accessing the PPS site or using any PPS service, you agree to comply with all such policies and procedures. PPS makes no representations and offer no warranty, express or implied. PPS disclaim all warranties of title, merchantability, fitness for a particular purpose, and non-infringement. PPS makes no warranty that the service will meet your requirements or expectations, or will always be available, accessible, uninterrupted, timely, secure, or operate without error.
PPS is providing a service for the use, entertainment and enjoyment of its users, subscribers, participants and visitors. PPS is in no way encouraging or endorsing gambling, wagering or betting of any kind, whether legal or illegal.
By agreeing to the Terms, any and all users, members, subscribers and participants agree to hold PPS harmless for any action taken against them, whether legal or otherwise, for, or as a result of, gambling, wagering or betting of any kind.
PPS retains all right, title and interest in and to its trademarks, service marks and trade names worldwide (collectively, the "Marks"). You will only use PPS' Marks with the express permission of PPS and then only in the manner authorized. Under no circumstances may you alter, modify, or change PPS' Marks. Elements of the Service including, but not limited to, the "look and feel," are protected by tradedress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Service may be copied or retransmitted unless expressly permitted by PPS.
PPS’ Proprietary Rights. Excluding your Content, PPS owns all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Site, the Services and all Content, including but not limited to all information, content, materials, products, services, URLs, software, technology, editorial or user guidelines, and documentation, developed in whole or in part by, with or for PPS. Notwithstanding the foregoing, and subject to the terms and conditions set forth in this Agreement and solely in connection with your use of the Site and Services, PPS hereby grants to you a personal, non-transferable, non-sublicensable and non-exclusive right and license to (i) access, view and print public Content, only for your personal, non-commercial use, and (ii) access and make personal use of and to download, install and operate any software, scripts and other content (e.g., graphics) that PPS may from time to time have specifically identified on the Site as available for download (the “Downloadable Tools”). With the exception of your own Content, you may not distribute any Content to third parties, use any Content commercially (except as may be permitted by a separate license explicitly attached to a particular piece of Content), or otherwise copy, modify, distribute, publicly display or perform any Content (except as such acts may be permitted by a separate license explicitly attached to such Content). Any rights not expressly granted herein are withheld. You may not use any Downloadable Tools except as specifically authorized by this Agreement. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services or Downloadable Tools, or use the Site or Services for any commercial purposes. You further agree not to combine or integrate the Services and/or any Downloadable Tools with hardware, software or technology not provided by PPS, or modify, further develop or create any derivative product based on the foregoing. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site, Services and/or Downloadable Tools is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code.
You acknowledge and agree that Content contained in sponsor advertisements or presented to you through the Site and Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PPS or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Services, Content or Downloadable Tools, in whole or in part.
User Proprietary Rights. PPS claims no ownership or control over any Content submitted, posted or displayed by you on or through the Site and Services. You or a third party licensor, as appropriate, retain all ownership, license, patent, trademark and copyright to any Content you submit, post or display on or through the Site and Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Site and Services, you grant (or warrant the owner of such rights has expressly granted) to PPS a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable right and license to use, copy, modify, prepare derivative works from, distribute, reference, index and cache, publicly display and publicly perform and process in any form, medium or technology now known or later developed on the Site or the sites of PPS’s affiliates, distribution partners or third-party service providers, your Content and any materials you submit to PPS, in whole or in part, whether created by or for you, to provide the Site, the Services and Content to you and to perform PPS’s obligations under this Agreement, including without limitation (a) adapting the format of your Content (for example by encoding or transcoding) for suitable display on the Site; and (b) displaying, in PPS’s sole discretion, your public Content in search results generated by the preprosports.com search engine. In addition, where you have posted a link to your Content on another website or otherwise shared a link to your Content, you grant to PPS a worldwide, non-exclusive, royalty-free right to sublicense the right to copy, modify, prepare derivative works from, and distribute your Content as necessary to perform the Services. In connection with the above license, you provide your consent for PPS personnel, including PPS contractors and service providers, to view your Content at any time for the purpose of providing the Services and filtering content that violates this Agreement. You acknowledge that you are solely responsible for all Content you submit to PPS. You represent that you either own the Content or have the rights necessary to grant PPS this license. Your license to PPS with respect to any particular piece of Content will terminate once you or PPS remove it from the Site. In addition, you warrant that all so-called moral rights in any Content have been waived. You agree that PPS has the right to associate advertising with your submitted Content. You agree that PPS has no obligation to compensate you for the use of your submitted Content through the Site, the Services, by LR or any of its affiliates, or by any User(s).
You agree not to use the Site and Services to transmit, route, provide connections to or store any material that infringes copyrighted works or violates or promotes the violation of the intellectual property rights of any third party.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), PPS will respond expeditiously to claims of copyright infringement that are reported to PPS. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to PPS at: info@preprosports.com.
The Service contains hyperlinks to other World Wide Web sites which are not included as part of the Service ("Other Site(s)"). If you use the hyperlinks to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. PPS may not have reviewed the content of any Other Site, and, whether or not it has reviewed the content of any Other Site(s) does not warrant or make any representation regarding any Other Site's accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by PPS of any Other Site(s) or resources, or their content. PPS is only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by PPS of the Other Site.
Any Other Site that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, PPS content; (c) shall not imply that PPS is endorsing or sponsoring it or its products; (d) shall not present false information about PPS or its products or services; (e) shall not use Trademarks without the prior written permission from PPS; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.
Notwithstanding anything to the contrary contained in the Terms, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.
Any software that PPS makes available for download from the Service and/or our servers (the "Software") is the copyrighted work of PPS, licensors or its suppliers. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement"). An end user may not install any Software, which is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Any Software which is downloaded from the Service or PPS' servers for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
The Service contains information, advice, text, materials, and goods and services (collectively, the "Materials") that are provided for your convenience and enjoyment. Third parties provide some of the Materials. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on the Service or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
Third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Service.
Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.
We do not represent or warrant that every action you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.
You understand that all Content is the sole responsibility of the person from which such Content originated. PPS reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available on the Site or through the Services. You understand that by using the Services you may be exposed to Content that is offensive, indecent or objectionable, and that you use the Site and Services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the Site and/or the Services and for any consequences thereof. You agree to use the Site and Services only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts the Site or the Services or servers or networks connected thereto. Specifically, you agree not to do any of the following while using or accessing the Site or the Services:
a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark or other proprietary rights notices appearing on any Content except your Registered User Content;
c. Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site;
d. Use any meta tags or other hidden text or metadata utilizing a PPS or PPS partner name, trademark, URL or product name without PPS’s prior express written consent;
e. Post, upload, email or otherwise transmit, without first obtaining the permission of PPS, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” Ponzi schemes or any other form of solicitation;
f. Post, upload, email, or otherwise transmit, via the Site or the Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech, or is otherwise objectionable in the opinion of PPS;
g. Post, upload, email or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
h. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
i. Post or upload repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
j. Attempt to probe, scan or test the vulnerability of any PPS system or network or breach any security or authentication measures;
k. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or the Services to send altered, deceptive, or false source-identifying information;
l. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or the Services;
m. Collect or store personal data about other users without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
o. Resell the Services, in whole or in part;
p. Violate any applicable law, regulation, or ordinance; or
q. Use the Site or the Services in any manner not permitted by this Agreement.
To report any activity or Content that may violate this Agreement, please contact Local replay at: info@preprosports.com. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
You may terminate your account at any time for any reason. If you choose to terminate your account with PPS, PPS has no obligation to refund monies paid to PPS for the service term.
PPS retains the right to cancel your account, deny you access to the site and/or our services, and remove all account information and associated content at any time, in our sole discretion, without notice. You agree that PPS shall not be liable to you or any third-party for any termination of your access to our service.
You agree to pay for all fees incurred on your account(s) through a valid credit card payable in U.S. dollars. You are responsible for paying all fees associated with using PPS services and web-site and all applicable taxes. PPS reserves the right to institute or modify fees and fee policies for service(s) rendered, fourteen (14) days subsequent to notice on our site.
PPS will diligently maintain the confidentiality of your account information subject to our Privacy Policy; the Privacy Policy is a part of these Terms.
The Content included on the Site and Services has been compiled by PPS from a variety of sources, are provided “as is” or “as available” without warranties of any kind, and are subject to change without notice. PPS expressly disclaims any warranties, either express or implied, including any warranties of merchantability, accuracy, non-infringement and fitness for a particular or intended purpose. Use of the Site, the Services or other Linked Sites is your sole responsibility. PPS does not imply or promise that the Site or the Services will be error free or uninterrupted, or that it is free from any viruses or other damaging goods, or that any defects or malfunctions will be corrected or repaired. Use of the Site and Services is at your own risk.
PPS shall have absolutely no liability in connection with the Services or download of information, Content or data, including without limitation, any liability for damage to your computer hardware, data, information, Content, and business resulting from the information or the lack of information available on the Site and Services, or from a virus, worm or other destructive electronic bug. Under no circumstances shall PPS, its owners, directors, shareholders, licensors, employees, agents, subsidiaries and affiliates or any third parties which are linked or viewable by the Site and Services be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or interruption of business) resulting from use or inability to use or reliance on, the Site, the Services and Content, or from the use of the Internet generally, whether based on warranty, contract, tort, or any other legal precedent and whether or not PPS is advised of or aware of such potential damages. You assume complete and total responsibility for such use of products and the use and operation of all equipment and services needed for access to and use of such products. You assume complete and total responsibility for all charges incurred to operate and access such equipment and services. You agree that your sole remedy against PPS as a limitation of relief is to stop using the Site, the Services or the Content you download. If, notwithstanding the other provisions of this Agreement, PPS is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the the Site, the Services or any Content, PPS’s potential liability shall in no event exceed the greater of (1) the sum net total of any download, production, or service fees with respect to any service, feature, download or Content (not including the purchase price for any PPS hardware or software products) or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the preceding limitation may not apply to you.
The Disclaimer above applies to any damages, liability or injuries caused by any communication delay, computer virus, defect, deletion, delay, disconnection, error, failure of performance, interruption, omission, transmission, line/wiring/broadband/cable failure, theft, or destruction of, unauthorized access to, or alteration of the Site, the Services or any Content, for any reason whatsoever.
PPS reserves the right to modify, suspend or terminate operation of or access to the Site and/or the Services; to modify or change the Site and/or the Services, and any applicable policies or terms and conditions; and to interrupt the operation of the Site and/or the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree to indemnify, defend and hold PPS, its owners, directors, shareholders, licensors, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PPS by any third party due to or arising out of or in connection with your use of the Site, the Services, any Content or any Linked Site. In no event will PPS or our suppliers be liable for lost profits or any special, incidental, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms, our site, our services and any inability to use such services.
You agree that you and PPS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
You agree to grant to PPS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but not other rights) you have in your content, in any media now known or not currently known, for the sole purpose of providing our services.
PPS will provide notice to you at via email at the address supplied by you in your account information, and/or generally through our site.
All content included or available on our site, including but not limited to images, iconography, graphics, buttons, logos and software is the property of PPS and/or third parties and is protected by copyrights, trademarks and/or other intellectual and proprietary rights. You may not sell, copy, alter or otherwise interfere with said content and software in any way other than that which is expressly allowed under these Terms.
If you believe that a violation of our Terms has occurred, please provide the following information:
In the event of a violation of these Terms, PPS reserves the right to delete any and all images or other content you provide or transmit through the site, to suspend or deny you access to the our site and our services, or to terminate your account, in our sole discretion.
This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal or state courts located in the State of Georgia. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.
You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. PPS may assign its rights and delegate its duties under this Agreement in their entirety without your prior consent. The failure of PPS at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, you agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between you and PPS regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.
The User Policy sets forth the policies, terms and conditions applicable to your use of the PPS sites, services, software and products. This Policy, along with the applicable agreement with PPS that you acknowledged or executed and PPS accepted or executed, governs your right to use the same. PPS may add, delete, or modify this Policy, and/or its sites and their features and services, at any time without notice. Changes to this document will be posted on the PPS site. All amended terms shall automatically be effective 5 days after they are initially posted on the PPS' site. This Policy is effective as of March 30, 2007 for new customers and users, and as of April 29, 2007 for all users registered prior to December 4, 2002.
PPS' services are available only to entities and persons who can form legally binding contracts under applicable law and may not be transferred or sold to another party. Without limiting the foregoing, PPS' services are not available to minors or to person whose access PPS suspends or terminates. If you do not qualify, you should not use the PPS services.
To open a PPS account, a member must submit a valid name, address, phone number, and email address. Required information is necessary for billing purposes, to provide and change necessary services, to resolve problems with a member's service, and/or to create and inform members of features and services that may better meet their needs.
You are responsible for the confidentiality of your username and password. In the event of a security breach, you are responsible for all charges incurred on your respective account(s) prior to notification of said breach to PPS at info@preprosports.com.
Your use of the PPS site is at your own discretion and risk. You are solely responsible for any and all loss of data, damage to data or damage to your computer system resulting from any material or use of said material obtained from or through PPS or its sites.
PPS does not monitor or control the information or material provided by users through PPS' system. You may find some user's information to be offensive, harmful, inaccurate, or deceptive, and should therefore use caution when using PPS sites. Because the PPS services are available via the Internet, please be aware that there are risks of dealing with minors, people acting under false pretense or foreign nationals.
The PPS site shall not be used to: transmit or offer any unsolicited "spam" or unsolicited advertising; engage in fraud or other illegal activity; infringe on the intellectual property rights of others; upload, email or transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may interfere with or disrupt the normal flow and operation of any system. While using our sites or services, you shall not Interfere, or attempt to interfere, with or disrupt our sites or services, and the servers or networks connected to our site, and shall not in any way interfere or attempt to interfere with any transaction conducted on our site. While using our sites or services, you shall comply with any and all applicable laws, statutes and ordinances and with any and all terms and conditions of your agreement(s) with PPS and any and all third parties to the extent such are applicable. PPS retains the right to block, suspend or deny access to the PPS site, and/or our services, to any person or entity, in our sole discretion.
Your use of our site is at your own discretion and risk. You are solely responsible for any and all loss of data, damage to data or damage to your computer system resulting from any material or use of said material obtained from or through our site and/or company. PPS may add, delete, or modify the site and/or features and services at any time.
PPS respects copyright laws and expects you to do the same. If you believe that infringing content is being hosted on our site, please provide PPS with the following information:
Any questions about this Privacy Policy should be addressed to info[at]preprosports.com or by mail at: Pre Pro Sports, 324 Brockinton Marsh, St. Simons Island, GA 31522 USA