Last Modified: November 4, 2020
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all parts of the Website.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by EdjSports, its licensors, or other providers of such material (collectively, “Content”). The Website and its Content are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- modify, translate, adapt, or otherwise create derivative works of any Content;
- distribute, disclose, sell, publish, transfer, publicly display, publicly perform, transmit, rent, lease, lend, sublicense, timeshare, or otherwise make available any Content to any third party;
- reverse engineer, dissemble, decompile, decode or adapt, or otherwise attempt to derive or gain access to any source code on the Website or any Content;
- remove, delete, alter, or obscure any copyright, trademark, or other intellectual property or proprietary rights notices of materials on our Website or any Content; and
- use the Website or any Content for (i) purposes of developing a competing product or service; or (ii) any other purpose that is to EdjSports’ detriment or commercial disadvantage.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The term EdjSports, EdjZone, Football Outsiders and all related names, logos, product and service names, designs, and slogans are trademarks of EdjSports or licensors. You must not use such marks without the prior written permission of EdjSports. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
NFL Content and Intellectual Property
This Website includes proprietary data of NFL Enterprises LLC, the National Football League, and its member clubs (the “NFL Content”). The NFL Content may only be used by individual consumers as part of the services offered on our Website for purposes authorized by this Website. Further reproduction, use, and distribution of such data is not permitted. Next Gen Stats, the NFL shield design, and other NFL-related identifying marks are trademarks of the NFL Enterprises, LLC or its affiliates. The team names, logos, and team-related identifying marks are trademarks of the teams indicated. All rights reserved.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm EdjSports or users of the Website or expose them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, scraping, or copying any of the material on the Website.
- Use any manual process to monitor, scrape, or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including without limitation, comments, suggestions, discussion threads, article ideas, guest column submissions, and other materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post on or through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Website or through an email address that was made available to you on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, copy, reproduce, modify, adapt, publish, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. Without limiting the foregoing, you are granting us the right to provide and promote our Website and to make your User Contributions available to third parties for distribution, promotion or publication. You shall not be entitled to compensation for such use of your User Contributions.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
- Your User Contributions will not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Neither your User Contributions nor use of your User Contributions will infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;
- Your User Contributions will not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not EdjSports, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE EDJSPORTS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Website infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent that is designated below. It is the policy of EdjSports to terminate the accounts of repeat infringers.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
DMCA Notices must be delivered via email to our designated Copyright Agent:
552 E. Market St. Suite 201, Louisville, KY 40202
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the EdjSports, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EdjSports. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
We may make certain subscriptions, products, features, and services available for purchase (“Purchases”) on or through the Website. You agree to pay any applicable fees for any Purchases you make, including any applicable taxes. You represent and warrant to EdjSports that any payment information you provide to EdjSports is true and correct and that you are authorized to use such payment method. You agree to promptly update your account information with any changes that may be necessary (for example, a change in your billing address or credit card expiration date).
- Subscriptions. We offer digital subscriptions for purchase through our Website that will provide you access to certain Content (the “Subscriptions”). When your Subscription terminates, your access to Content obtained through your Subscription may be deleted or disabled so that it is no longer accessible to you. You can find specific details regarding your Subscription by visiting our Website and clicking on the "Account" link.
- Billing. The fee for your Subscription and any other charges you may incur in connection with your use of the Subscription, such as taxes and possible transaction fees, will be charged to your chosen payment method on the first day of each billing cycle. All Subscriptions are renewed automatically until canceled. Visit our website and click on the "Manage Subscription" link on your "Account" page to see your next payment date.
- Payment Methods. If your payment method is declined or otherwise invalid, you will remain responsible for any uncollected amounts. If a payment is not successfully settled, we may suspend or terminate your Subscription.
- Updating your Payment Methods. You can update your payment methods by going to your "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any such update, you authorize us to charge the payment method(s) you have provided.
- Cancellation. You can cancel your Subscription at any time by going to your “Account” page on our Website and following the instructions for cancellation. The cancellation will become effective at the end of your current billing cycle. Accordingly, when you cancel you will continue to have access to your Subscription through the end of your current billing cycle. You will not receive a refund for any Subscription fees already paid. To see when your Subscription will end, click "Manage Subscription" on your "Account" page.
- Changes to the Subscription Fees and Subscription Content. We reserve the right to change the terms of your Subscription, including your Subscription fees at any time. Any changes to the terms of your Subscription will take effect following notice to you. We reserve the right to add, remove, or modify the content available through our Subscriptions at any time without notice and make no guarantee as to the type or quantity of content available through our Subscriptions. We reserve the right to change or terminate any offered Subscriptions at any time.
- No Refunds. Subscription fees are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Additional Terms and Conditions
Social Media Features
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
We may disable all or any social media features and any links at any time without notice in our discretion.
Third Party Sites and Services
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. And we are not responsible for the products or services offered by such third parties. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Kentucky in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EDJSPORTS NOR ANY PERSON ASSOCIATED WITH EDJSPORTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EDJSPORTS NOR ANYONE ASSOCIATED WITH EDJSPORTS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, EDJSPORTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EDJSPORTS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This Website is operated by EdjSports, LLC, 552 E. Market St. Suite 201, Louisville, KY 40202
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.