Website Terms and Conditions of Use

1. User's Acknowledgment and Acceptance of Terms

Flower City Gaming, LLC (referred to as "FCG, LLC", "FCG", "SFL, Inc.", "SFL", "us" or "we") provides the www.StarFantasyLeagues.com Site and various related services (collectively referred to as the "Site") subject to your compliance with all the terms, conditions, rules, and notices contained or referenced herein (the "Terms of Use"), as well as any other written Agreement (as defined below) between us.  In addition to the Terms of Use, when using particular services or materials on this Site, users shall be subject to any posted guidelines, operating rules, Flower City Gaming, LLC Referral Enrollment Program Rules, Flower City Gaming, LLC Rules and Scoring, Flower City Gaming, LLC Site Privacy Policy, other policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, applicable to such services and materials, which are expressly incorporated herein by reference (collectively, “Flower City Gaming, LLC Agreements” or “Agreement(s)”).  Please review the Flower City Gaming, LLC Terms of Use and Agreements carefully.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS OF USE AND AGREEMENT, YOU ARE NOT AUTHORIZED TO BECOME A Flower City Gaming, LLC MEMBER, USE THE Flower City Gaming, LLC SERVICES OR SITE IN ANY MANNER OR FORM WHATSOEVER. YOU MUST EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE AND AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

We reserve the right to change these Terms of Use and latest Agreement from time to time without notice to you.  You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use and Agreement prior to using the Site and to be aware of any modifications.  Your continued use of this Site after such modifications will constitute your acknowledgment and acceptance of any and all modified or amended Terms of Use and Agreement and you acknowledge and agree to abide and be bound by any and all modifications or amendments.

As used in the Terms of Use and Agreement, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, content licensor provider, licensees, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

2. Description of Flower City Gaming, LLC Services

We make various services available on this Site including, but not limited to, fantasy or simulation sports game contests.  Fees for the various services and contests are set out in the membership and service fees Agreement described elsewhere in this Site and are expressly incorporated herein by reference. You are solely responsible for providing, at your own expense, all equipment necessary to access and use the services, including a computer and modem and your own Internet access (including payment of telephone service fees associated with such access).

By completing the Registration process described below and receiving approval from Flower City Gaming, LLC, you may receive a Flower City Gaming, LLC Services Account. A Flower City Gaming, LLC Services Account will allow you to access the Site’s many products, services and other features.

We reserve the right, in our sole and absolute discretion, to either modify or discontinue the Site, including any features therein, at any time without specific notice to you.  We shall not be liable to you or any third party should we exercise such right.  Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes.  Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use and Agreement.

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events.  You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You understand and agree that Flower City Gaming, LLC is not responsible or liable in any manner whatsoever for your inability to use the Flower City Gaming, LLC Services, and/or the Site.

3. Modification/Amendments to Site, Agreement or Services

We reserve the right to change these Terms of Use and latest Agreement, in our sole and absolute discretion, from time to time, and without notice to you.  You acknowledge and agree that it is your responsibility to review this Site, these Terms of Use and Agreement prior to using the Site and to be aware of any modifications or amendments. Your continued use of the Site after such modifications or amendments will constitute your acknowledgment and acceptance of any and all modified or amended Terms of Use and Agreement and by such continued use you acknowledge and agree to abide and be bound by any and all modifications or amendments.

We reserve the right, in our sole and absolute discretion, to either modify or discontinue the Site, including any features therein, at any time without specific notice to you.  We shall not be liable to you or any third party should we exercise such right.  Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes.  Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

4. Eligibility

You hereby represent and warrant by accessing the Site and Flower City Gaming, LLC Services that you abide by and comply with our Terms of Use.  

In order to participate in real money contests you further represent and warrant that:

i) You are of 18 years of age or older (19 years of age or older in Nebraska or British Columbia); and

ii) You are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada; and

iii) You are physically located in the United States of America or Canada and reside in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law; and

iv) You will abide at all times by these Terms of Use and any other Agreements between you and Flower City Gaming, LLC regarding your use of the Site or participation in contests; and

v) You are not a resident of any of the following states/provinces: Alabama, Arizona, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New York, Tennessee, Texas, Vermont, Virginia, Washington, Prince Edward Island, Quebec, and where otherwise prohibited by law; and

vi) You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.

5. Registration/Account Data and Privacy

In order to access the Site and obtain Flower City Gaming, LLC Services and/or register as a Flower City Gaming, LLC Member, you must first submit the applicable registration form to Flower City Gaming, LLC for review and approval. Flower City Gaming, LLC reserves the right, in its sole and absolute discretion, to deny access to the Site and Flower City Gaming, LLC Services at any time for any reason, whatsoever. The Registration Data that you must supply on the Site in order to obtain and use Flower City Gaming, LLC Services may include, without limitation, some or all of the following information: (a) your full legal name; (b) your legal residential address, including apartment number and street address, city, state and zip code; (c) billing address if different from (b) above; (d) daytime, cellular, and evening telephone numbers; (e) credit card information; (f) your PayPal account information (optional); (g) date of birth; (h) social security number for income tax purposes; (i) any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Flower City Gaming, LLC will verify and approve all registrants in accordance with its standard verification procedures. During registration, you will be asked to provide a user name and password to use as your account login identification. If the login user name or password that you request is not available, you will be asked to supply another log-in. If Flower City Gaming, LLC approves your Flower City Gaming, LLC Member application, Flower City Gaming, LLC will set up your specific account (“Flower City Gaming, LLC Services Account”, “My Account”,  or “Account(s)”). You are responsible for maintaining the security and confidentiality of your Flower City Gaming, LLC Services Account, login information and for restricting access to your computer, and you agree to accept sole and absolute responsibility for all activities that occur through use of your Flower City Gaming, LLC Services Account and login user name and password.

You also grant us the right to disclose to third parties certain Registration Data about you.  The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into the Terms of Use and Agreement.

6. Flower City Gaming, LLC Contests Rules/Scoring/Prizes

Flower City Gaming, LLC Contests are described on the Site under the heading “Rules” and sub-heading “Rules and Scoring” and elsewhere, which are expressly incorporated herein by reference. Flower City Gaming, LLC is not responsible for attempted Flower City Gaming, LLC contest registrations that are illegible, misdirected, damaged, incomplete or incorrect, lost, untimely, or otherwise not in compliance with the rules, terms of use, and agreement.

7. Payment of Entry Fees and Other Fees

If you subscribe to a Service or Contest on this Site that requires payment of a fee, you agree to pay all fees associated with such Service or Contest.  For all charges for Services and Contests on this Site, we will bill your credit card. Each Service or Contest has a cost or entry fee stated in United States Dollars. Recurring charges shall be billed in advance of service.  You agree to provide us with accurate and complete billing information, including valid credit card information, your name, billing address, residence address (if different), and daytime, night time, and cellular telephone number, and to provide us with any changes in such information within seven (7) days of the change. All payments are final.

If, for any reason, your credit card company refuses to pay the amount billed for the Service or Contest, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us.  We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the Service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorney fees and other legal expenses.

8. Conduct on Site

Your use of the Site is subject to all applicable laws and regulations, including Netiquette, and you are solely and absolutely responsible for the contents of your communications through the Site.  By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or any other information -- that:

(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), is disparaging of any sports league, or otherwise violates our rules or policies or is illegal;

(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

(f) Impersonates any person or entity, including any of our employees or representatives.

You acknowledge and agree that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site.  We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site.  However, we and our agents have the right at our/their sole and absolute discretion to remove any content that, in our/their judgment, does not comply with these Terms of Use and Agreement and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.  See paragraph 11, "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of the Site or of another account or attempt to gain unauthorized access to another network or server.  Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate Site or other systems or network security may incur criminal or civil liability which we will prosecute all violators to the full extent of the law.

Furthermore, you acknowledge and agree that any Service or Content on this Site shall not be used in widgets, API’s, or in an RSS or similar type of feed, nor shall you translate, edit, modify, prepare derivative works of, or otherwise alter the Services or Content on the Site.

You agree that we may at any time, and at our sole and absolute discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of our Site systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

In addition, you may only maintain one account at Star Fantasy Leagues. Users that are found to be maintaining multiple accounts are subject to having their accounts locked and audited so Star Fantasy Leagues may maintain the integrity of its games. Users found to be in violation of this policy may have their funds confiscated and their membership terminated.

9. Third Party Sites and Information

This Site may link you to other sites on the Internet that are owned and operated by third parties or otherwise include references to information, documents, software, materials and/or services provided by other parties. In some instances these websites are co-branded and the third parties are entitled to use Flower City Gaming, LLC name and logo on their third party websites. These third party sites may contain information or material that some people may find inappropriate or offensive.  These other sites and parties are not under Flower City Gaming, LLC control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third party sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the third party site or party by us, or any warranty of any kind, either express or implied. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further acknowledge and agree that Flower City Gaming, LLC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third party site or any such dealings or promotions.

10. Intellectual Property Information

Copyright (c) 2012 Flower City Gaming, LLC All Rights Reserved.

For purposes of these Terms of Use and Agreement, "Content" is defined as and includes, but is not limited to, any information, communications, software, photos, video, graphics, music, sounds, statistics, and other material and Services that can be viewed by users on our Site. This includes, but is in no way limited to, message boards, chat, and other original Content. All Content on this Site is owned or licensed by or to Flower City Gaming, LLC, and is protected under applicable copyrights, trademarks and other proprietary rights, including, but not limited to, intellectual property.

By accepting these Terms of Use and Agreement, you acknowledge and agree that all Content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Flower City Gaming, LLC and/or its Affiliates.  You are only permitted to use the content as expressly authorized by us or the specific Content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.  Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal and/or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of our Services, Content, or materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See paragraph 11, "User’s Materials", below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Flower City Gaming, LLC or its Affiliates.  All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use and Agreement grants you any right to use any trademark, service mark, logo, and/or the name of Flower City Gaming, LLC or its Affiliates.

Certain of the ideas, software and processes incorporated into the Flower City Gaming, LLC Services that are available on this Site are protected by trademark applications and patent applications pending in the United States, and we intend to prepare and file additional trademark and patent applications in selected foreign jurisdictions.

11. User's Materials

Subject to our Privacy Policy, any communication, material or information that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us, our Affiliates, and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.  We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same.  If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately.  To be effective, the notification must include:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(b) Identification of the copyrighted work claimed to have been infringed; and

(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; and

(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials; and

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Flower City Gaming, LLC Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

General Counsel for Flower City Gaming, LLC
Flower City Gaming, LLC
274 N. Goodman Street
Suite A302
Rochester, NY 14607

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

12. Disclaimer of Warranties

ALL CONTENT, MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES, CONTENT, AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES, CONTENT, AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT, OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES. CONTENT, OR PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.  THE MATERIALS, CONTENT, OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS, CONTENT, OR SERVICES.

THE USE OF THE SERVICES, CONTENT OR THE UNAUTHORIZED DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors.  You acknowledge and agree that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.  WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

Before purchasing products and Services on or through this Site, review any Sales Terms and Conditions.

Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with Flower City Gaming, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Flower City Gaming, LLC spokesperson speaking in his/her official capacity.  Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Use.

In addition, the materials on this Site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items ("Forms").  These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting, tax, or other professional advice.  Under no circumstances will Flower City Gaming, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site, including your use of any of the Forms.  It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this Site.  In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, tax, or other professional advice or information obtained on or through this Site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Site shall be limited to the amount you paid us for the services on the Site during the twelve (12) month period before the act giving rise to the liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLOWER CITY GAMING, LLC OR OUR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FLOWER CITY GAMING, LLC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF FLOWER CITY GAMING, LLC TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FOUR HUNDRED DOLLARS ($400.00). YOU HEREBY RELEASE FLOWER CITY GAMING, LLC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THE TERMS OF USE AND AGREEMENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, FLOWER CITY GAMING, LLC  SERVICES, FLOWER CITY GAMING, LLC CONTESTS, ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN MAY BE BROUGHT BY YOU OR FLOWER CITY GAMING, LLC MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FLOWER CITY GAMING, LLC ACCESS TO THE SITE, FLOWER CITY GAMING, LLC SERVICES, FLOWER CITY GAMING, LLC CONTENT, ANY CONTENT, FEEDBACK, NEWS FEEDS, OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THEREIN WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN LIMITATIONS ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH JURISDICTIONS, FLOWER CITY GAMING, LLC’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless Flower City Gaming, LLC, its parents and subsidiaries, and our Affiliates, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors, suppliers and/or other partners, from and against any and all liabilities, claims, and expenses, including reasonable attorney's fees, damages, costs, suits, demands and/or judgments, whatsoever that arise from your use or misuse of this Site.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. Participation in Promotions

From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser.  We assume no liability, obligation or responsibility for any part of any such correspondence or promotion unless specifically stated otherwise.

All Star Fantasy Leagues bonus cash offers release at a rate of 20% of each entry fee unless specifically stated otherwise, and each bonus expires 90 days after redemption unless specifically stated otherwise. Star Fantasy Leagues reserves the right to modify or terminate any bonus or promotional offer at its sole discretion without notice.

16. E-mail Services

We may make e-mail, chat room, and other communication services available to users of our Site, either directly or through a third-party provider.

We will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order.  Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes.  However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity.  If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit.  We will not be responsible for such deleted or blocked messages.

17. Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the Services available on our Site, including without limitation the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on or through this Site. You acknowledge and agree that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time.  You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole and absolute discretion, without notice.

We provide storage space and access for Material through our Site.  For purposes of these Terms of Use, "Material" refers to all forms of communication that we may allow, including, but not limited to, chat rooms, narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this Site to publish Material that we determine, at our sole and absolute discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in "Your Conduct on the Site" above.  We will not routinely monitor the contents of your online Material. You are solely responsible for any information contained in your online Material.  However, if complaints are received regarding language, content, or graphics contained in your online Material, we may, at our sole and absolute discretion, remove the images hosted on our servers and terminate your Flower City Gaming, LLC Services Account. We may also suspend the Account, restrict access to it, or remove content from it if necessary or appropriate.

The Accounts of our users operate on shared resources.  Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users.  Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your Account or limitation of your activities.

This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility.  Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility.  You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us liable for any damage to, any deletion of or any failure to store your files, data or Registration Data.

18. Security and Password

You are solely responsible for maintaining the security and confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred.  Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

19. International Use

Although this Site may be accessible worldwide, we make no representation that Content, Services, and Materials on this Site are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and peril, and are responsible for compliance with all applicable local laws. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.

20. Termination of Use

You acknowledge and agree that we may, in our sole and absolute discretion, terminate or suspend your access to all or part of the Site with or without Notice and for any reason, including, without limitation, breach of these Terms of Use and Agreements. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your Flower City Gaming, LLC Services Account  and may be referred to appropriate law enforcement authorities.

Upon termination or suspension of your Account, regardless of the reasons therefore, your right to use the Content and Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 2, 3, 5-14, and 17-27 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

21. Governing Law and Venue

This Site (excluding any linked sites) is controlled by us from our offices within the State of New York, County of Monroe, City of Rochester, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of New York, by accessing this Site both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available on or through this Site. Each of us agrees and hereby submits to the exclusive subject matter jurisdiction and personal jurisdiction and venue of the Superior Court of Monroe County and/or the United States District Court for the Western District of New York with respect to any such matters.

22. Notices

All notices to a party shall be in writing and shall be made either by e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at support@starfantasyleagues.com, if by e-mail, or at Flower City Gaming, LLC, 274 N. Goodman Street, Suite A302, Rochester, NY 14607, if by conventional mail.  Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data.  In addition, even though we are under no obligation to do so, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Use and Agreement will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e- mail.

23. Entire Agreement

These Terms of Use and Agreement constitute the entire Agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use and Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or Services which are subject to additional or altered Terms of Use and Agreements shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. The headings in this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement.

24. Miscellaneous

In any action to enforce these Terms of Use and Agreement, the prevailing party will be entitled to costs and reasonable attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You acknowledge and agree that you shall not assign your rights and obligations under these Terms of Use and Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use and Agreement.

You acknowledge and agree that you shall not sell, resell, reproduce, duplicate, upload, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products, Services, and Content available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of the Terms of Use and Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable governing law to reflect, as nearly as possible, the original intentions of Flower City Gaming, LLC, and the remaining portions shall remain in full force and effect.

Fantasy or simulation sports game contests are regulated pursuant to the Unlawful Internet Gambling Enforcement Act of 2006 (“UIGEA” or “Act”), 31 USC 5361-5366 and any amendments thereto, which permits fantasy or simulation sports game contests and exempts such contests from inclusion under the UIGEA as internet gambling, provided that certain provisions of the Act are followed.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

25. Referral Enrollees

If Flower City Gaming, LLC believes, in its sole and absolute discretion, that a Flower City Gaming, LLC Member has recruited themselves, we reserve the right to remove that Referral Invitee and/or that Flower City Gaming, LLC Member, from their account without any notification. Any referral payments made to a user that has referred themselves may be confiscated.

26. Contact Information

Except as explicitly noted on this Site, the services available through this Site are offered by Flower City Gaming, LLC, a New York corporation, located at 274 N. Goodman Street, Suite A302, Rochester, NY 14607 . If you notice that any user is violating these Terms of Use, please contact us here or at support@starfantasyleagues.com (Phone: 585-730-5992).

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