Legal Disclaimers
Terms of Service and Legal Disclaimer
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1. Introduction
Welcome to Position Picks® ("the Website"), an online platform offering fantasy sports gaming for college football enthusiasts. By accessing or using our services, you agree to be bound by the following terms and conditions. If you do not agree to these terms, please do not use our services.
2. Use of Team Names, University Names, and Player Statistics
a. Publicly Available Information:
Position Picks® utilizes only publicly available data, including team and university names, game statistics, and performance metrics. This data is not proprietary and is available through public sources. This data is then reformulated and calculated to generate Position Picks® data.
b. Nominative Fair Use:
The use of team and university names is strictly for identification purposes to describe the teams and games relevant to our fantasy sports offerings. This limited use does not imply any affiliation, endorsement, or sponsorship by the universities, teams, or athletes.
c. No Endorsement or Affiliation:
Position Picks® is not affiliated with, endorsed by, or sponsored by any university, team, or athlete. Any mention of names or statistics is purely incidental and for reference purposes only.
3. Intellectual Property
a. Trademarks and Copyrights:
All trademarks, logos, and other intellectual property of universities and teams remain the property of their respective owners. Position Picks® does not claim ownership or rights to any such intellectual property. Position Picks® only claims ownership rights to the Position Picks® platform, trademark, and style of play.
b. Prohibited Uses:
Users are prohibited from using the Website's services to violate intellectual property rights of any third party.
4. Player Name, Image, and Likeness (NIL)
Position Picks® does not use or feature the name, image, or likeness of any athlete in a manner that would require an NIL agreement. All references to players are limited to non-identifiable statistics and publicly available information.
5. Indemnification
a. User Indemnification:
By using the Website, you agree to indemnify, defend, and hold harmless Position Picks®, its owners, employees, and affiliates from and against any claims, damages, liabilities, costs, or expenses arising from your use of the Website, including but not limited to:
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Allegations of intellectual property infringement.
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Claims related to the use of team or university names and statistics.
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Any misuse of the Website's services.
b. Website Indemnification:
Position Picks® is committed to operating within all applicable laws and regulations to prevent unauthorized use of intellectual property or personal likenesses.
6. Disclaimer of Warranties and Limitation of Liability
a. No Warranties:
The Website is provided "as is" without warranties of any kind, whether express or implied.
b. Limitation of Liability:
In no event shall Position Picks® or its affiliates be liable for any indirect, incidental, special, or consequential damages arising from the use of the Website or its services.
7. Dispute Resolution
a. Governing Law:
These Terms of Service shall be governed by the laws of the State of Utah, without regard to conflict of law principles.
b. Arbitration Clause:
Any disputes arising under these terms shall be resolved exclusively through binding arbitration conducted in Salt Lake City, Utah.
8. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us on X @Positionpicks.
9. Amendments
Position Picks® reserves the right to amend these Terms of Service at any time without prior notice. Continued use of the Website after such amendments constitutes acceptance of the updated terms.
Acknowledgment
By accessing or using Position Picks®, you acknowledge that you have read, understood, and agree to these Terms of Service.