Effective Date: August 23, 2019
Last Updated: October 22, 2019
Welcome! These Terms and Conditions ("Terms") govern your use of the FOX Sports Super 6 website and mobile application (collectively, the "Services") provided by TSG Interactive US Services Limited, d/b/a FOX Sports Super 6 ("FOX Sports Super 6," "we," "us" or "our"). By using the Services, you agree to be bound by the terms and conditions of these Terms. If you do not agree to the terms and conditions of these Terms, please do not use the Services. These Terms constitute a legal agreement between you and FOX Sports Super 6, and shall apply to your use of the Services even after termination.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST FOX SPORTS SUPER 6 ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
You must be at least 18 years of age or older to use the services. In jurisdictions, territories, and locations where the minimum age for permissible use of the website is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory.
THE SERVICES ARE AVAILABLE TO LEGAL US RESIDENTS ABOVE THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, EXCLUDING LEGAL RESIDENTS OF THE STATE OF WASHINGTON. You must be a citizen or legal resident of the US and have an address in the US. If you are a legal resident of the State of Washington, you may not use the Services. From time to time, we run sweepstakes, or games of chance. Your entrance into such sweepstakes will be governed by separate rules for such sweepstakes. In general, however, by entering a sweepstakes, you represent and warrant that: (i) at the time of game entry you are physically located in the US, with the exception of the State of Washington or any other jurisdiction in which participation in the sweepstakes is not prohibited by applicable law and/or by these Terms; and (ii) you are not listed on any US Government list of prohibited or restricted parties. Employees of FOX Sports Super 6 or its affiliates, their respective relatives, agents or agents’ relatives are not eligible to win prizes. The Services and sweepstakes may not be used for any form of illicit gambling.
If FOX Sports Super 6 determines that you do not meet the eligibility requirements above, then you are not authorized to use the Services.
To access certain portions of the Services, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provided any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all Services.
You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.
By using the Services, you agree not to use the Services in any manner that:
Without the prior written permission of FOX Sports Super 6, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Services, or incorporate any intellectual property of the Services, FOX Sports Super 6 or any of its licensors into another website or other service.
The content on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to FOX Sports Super 6, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. You may not use or exploit the Intellectual Property in any way without our prior written consent. You may download information from the Services and print out a hard copy for your personal, noncommercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of FOX Sports Super 6 or any applicable third party suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
We are providing you with access to the Services pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Services for personal, noncommercial use, and subject to these Terms. This license is available to you as long as you are not barred from the Services by applicable law and your account is not terminated by us or by you. If these Terms are not enforceable where you are located, you may not use the Services. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
The Services may contain links to other websites. We are not responsible for the availability of these external websites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS, ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” FOX SPORTS SUPER 6 MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES OR THE CONTENT OR COMMUNICATIONS ON THE SERVICES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. FOX SPORTS SUPER 6 DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND FUNCTIONS AND INFORMATION DISTRIBUTED THROUGH THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOX SPORTS SUPER 6 OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
FOX SPORTS SUPER 6 DOES NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. FOX SPORTS SUPER 6 DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, WE DO NOT ENDORSE AND MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, FOX SPORTS SUPER 6 WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF FOX SPORTS SUPER 6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (I) USE OF OR INABILITY TO USE THE SERVICES, (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IN ADDITION, WHEN USING THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF FOX SPORTS SUPER 6, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SERVICES. ACCORDINGLY, FOX SPORTS SUPER 6 ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Except where and to the extent prohibited by law, by using the Services, you and FOX Sports Super 6 agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), it shall be resolved in accordance with this Section 11. In the event of a Dispute, both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice of a Dispute shall be sent to:
Both you and FOX Sports Super 6 agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS DESCRIBED BELOW. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted for binding arbitration under the rules of the American Arbitration Association (“AAA”) then in effect, before one arbitrator to be mutually agreed upon by both parties (or, if not agreed within 30 days of the first party proposing an arbitrator, determined under AAA rules). The Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration. The award determined by the arbitration will be final and binding, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. The place of such arbitration shall be either Broward County, Florida or the U.S. county of your residence, and the proceedings shall be held there, except to the extent otherwise agreed to by the parties. In the event that you initiate arbitration in the county of your residence, the entity you have a Dispute with may transfer the arbitration to Broward County, Florida in the event that it agrees to pay the additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles. Any Disputes not subject to the arbitration provision discussed above shall be resolved exclusively in the federal or state courts sitting in Broward County, Florida, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts for the purpose of litigating any such claim or action. Each participant agrees to service of process by mail or other method acceptable under the laws of the State of Florida.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. You will be notified of any material changes to these Terms via a posting on the Services. We may also send you an email at the email address we have on file for you.
We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
You acknowledge and agree that these Promotion Official Rules are between you and Sponsor, and do not impose any obligations upon Apple Inc. (“Apple”). You further acknowledge and agree that:
Apple and its subsidiaries are third-party beneficiaries under these Promotion Official Rules and that, under these Promotion Official Rules, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of these Promotion Official Rules against you as a third-party beneficiary thereof. Apple has no responsibility for the iOS FOX Sports Super 6 App or any included content. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS FOX Sports Super 6 App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple is not responsible for addressing any of your claims or those of any third-party relating to the iOS FOX Sports Super 6 App or your possession and/or use of the iOS [INSERT NAME] App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS FOX Sports Super 6 App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the iOS FOX Sports Super 6 App or your possession and use of the iOS FOX Sports Super 6 App infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
If you have any questions, comments or concerns about these Terms, please contact us at:
TSG Interactive US Services Limited d/b/a FOX Sports Super 6, address of agent for service: 1209 Orange Street, Wilmington, DE 19801