Terms of Use

Last Modified: July 22, 2010

Trenches, Inc. operates the TrenchFantasy.com online fantasy football service. As with any online service, we establish a set of basic rules designed to support an enjoyable experience by all Visitors and Players. The TrenchFantasy.com Terms of Use (the “Agreement") sets forth the terms and conditions of your TrenchFantasy.com registration. As a condition of registration or use, you must accept the Agreement in its entirety; therefore, we encourage you to thoroughly review this Agreement prior to registration. This Agreement may change from time to time, and your continued use of the Service will constitute acceptance of the new Agreement. The current version of the TrenchFantasy.com Terms of Use is always available online via the "Terms of Use" link at the bottom of every TrenchFantasy.com page.

1. General: TrenchFantasy.com is an interactive service (the "Service") operated by Trenches, Inc. ("TrenchFantasy.com"). The Service offers Players (as hereinafter defined) access to information, software and other content owned or licensed by TrenchFantasy.com and third-parties ("Content Providers"), and merchandise and services offered by TrenchFantasy.com and independent merchants ("Merchants"). People who visit our website (whether in real-time or otherwise) are “Visitors." "Player" means any Visitor who connects to establish an authorized Player account ("Account") for use with the Service. The right to use the Service is personal to the Player and a Player's Account is not transferable. A Player may permit usage of the Service by other individuals in Player's household, but the Player remains solely responsible for all charges incurred by such individuals. By registering as a Player or using the Service, you accept and agree to comply with this Agreement, the Trenches, Inc. Privacy Policy and all rules or policies posted on the Service ("Operating Rules") including, without limitation, rules and agreements related to specific software, products, services or contests, for as long as you remain a Player. Except as expressly permitted in this Agreement, no portion of the Service (including any information, content or software other than software to be used solely in connection with Player's Account) may be downloaded, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any Player.

2. Choice of Services and Payment: Players may choose from a variety of Subscription Plans and Services. TrenchFantasy.com offers a paid League Commissioner service, and in the future, may offer additional premium content, pay games and other e-commerce products. Players choosing a paid Subscription Plan or registering to be the Commissioner of a private league must provide TrenchFantasy.com with valid credit card or payment account information at the time of registration. All fees will be charged at the rate in effect for the Subscription Plan or Service at the time of purchase. Player is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under the Player's Account, including, but not limited to, fees or charges incurred for premium features or options, and payments for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card or by an approved and authorized payment account service; and (ii) all fees and charges (including Subscription fees) are non-refundable. The Player may, upon request (by electronic message or conventional mail), receive documentation of charges to the Player's Account. Orders for purchases of merchandise or Services advertised on the Service by TrenchFantasy.com or Merchants are subject to availability and acceptance. TrenchFantasy.com is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by TrenchFantasy.com. Access to and use of certain Services or features will be subject to posted terms and conditions (including payment of applicable fees and charges). Player acknowledges and agrees that use and functionality of the Service may differ depending on the Player’s Subscription plan, as well as the type of league in which Player participates. TrenchFantasy.com will not automatically renew Player’s Subscription or Service unless Player specifically agrees to automatic renewal at the time of purchase.

3. Credit Card and Payment Account Charges: Player grants permission to charge all fees incurred or associated with your password (including applicable taxes) to the credit card or payment account provided at the time of registration. If payment cannot be charged to your credit card or payment account, or such payment is not completed for any reason, including chargebacks, TrenchFantasy.com may either suspend or terminate your Account and all Services under this Agreement and you agree to pay any unpaid balance.

4. Changes: TrenchFantasy.com reserves the right, from time to time, to (i) change or amend the terms of this Agreement, the Privacy Policy or any Operating Rules, (ii) change the Service in any manner, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the Player, or (iii) change any fee or charge associated with any Service, including instituting new or increased fees or charges for the use of any Service or any feature thereof. Players will be given a minimum of thirty (30) days notice prior to any increase in existing fees or charges and will have the opportunity to choose to continue or cancel their service. Continued use of the Service after any such change shall constitute acceptance by the Player of the changes.

5. Player Account Responsibility and Fees: The Player is responsible for ensuring that all use of the Service under the Player's Account, complies with the provisions of this Agreement and all Operating Rules. The Player is responsible for maintaining the confidentiality of his or her password. If the Player believes that his or her account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Player's password), Player must promptly change his or her password and notify TrenchFantasy.com as set forth below to avoid liability for any unauthorized charges to Player's Account. Unauthorized access to the Service or any premium feature or option is a breach of this Agreement and a violation of law. The Player is responsible for supplying any equipment or services (including Internet access provider fees) required for access to and use of the Service.

5. User Conduct: By using the Service, it is your responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and TrenchFantasy.com reserves the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. TrenchFantasy.com reserves the right to add to or amend this list of rules at any time.

You agree that you will not use the Service to:

  • post, email, transmit, upload, or otherwise make available content that harasses, abuses, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.
  • stalk or otherwise harass another.
  • post, email, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly allowed herein.
  • post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  • intentionally or unintentionally violate any applicable local, state, national or international law.

Violation of our rules may result in the removal of your content from the Service, the termination of your team(s), and/or the canceling of your account.

The Player shall be responsible for, and assumes all liability associated with, any material made available via the Service under the Player's Account (“Player Materials"), including liability for claims of infringement, libel and slander. Although TrenchFantasy.com does not and cannot review all Player Materials posted by Player on the Service, TrenchFantasy.com shall be under no obligation to permit any Player Materials posted or transmitted by the Player to remain on the Service, and may refuse to display or remove from the Service any Player Materials which TrenchFantasy.com, in the exercise of its sole discretion, believes violate this Agreement or any Operating Rules. Player Materials (including but not limited to, messages, stories, articles, or website addresses) posted, transmitted through or otherwise made available on the Service or in public posting areas (such as feedback, chat rooms or forums) shall be treated as public domain material by TrenchFantasy.com, and may be copied, published, distributed or otherwise used by TrenchFantasy.com (or any other party) for any purpose without the permission of the Player. Player acknowledges that any Player Materials posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, copied, published, transmitted and displayed by TrenchFantasy.com, at its sole discretion, and Player waives all moral rights in such Player Material.

You acknowledge, consent and agree that TrenchFantasy.com may access, preserve, and disclose information or data obtained through the Service if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Player Materials violate the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of TrenchFantasy.com, its users and the public.

7. Service Content: TrenchFantasy.com and its contents are protected under the United States patent, trademark and copyright laws. Except as expressly permitted by this Agreement, or the Operating Rules, Player may not copy, reproduce, publish, transmit or distribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. Player may download or make a single copy of copyrighted materials solely for the Player's own personal use, provided the Player preserves any copyright or other notices contained in or associated with them. Except as stated in the license agreement accompanying any software provided through or in connection with the Service, Player is granted only a personal, nonexclusive and nontransferable license to use such software, and unauthorized copying of software is prohibited. TrenchFantasy.com does not offer technical support for any third party software.

8. Restrictions on Use: Without limiting the generality of the foregoing, Player may not access, copy, use, transfer or otherwise make available TrenchFantasy.com software, content, or accompanying materials to any computer or over a network system except as otherwise provided for in this Agreement. Player may not distribute copies of TrenchFantasy.com software, content or accompanying materials to third parties. Player may not modify, adapt, translate, reverse engineer, decompile, or disassemble TrenchFantasy.com software, content or accompanying materials without express written permission from Trenches, Inc. Player shall not assign, rent, lease, sell, sublicense, or otherwise transfer TrenchFantasy.com software, content or accompanying materials to another party without express prior written permission from Trenches, Inc. TrenchFantasy.com may offer downloadable software to Players through the Service, and such software may be subject to additional terms of use and/or licensing agreement.

9. Third Party Content: Third party content (including, without limitation, posting by Players, affiliates, business partners or advertisers) may appear on TrenchFantasy.com or in connection with the use of the Service or may be accessible via links from the TrenchFantasy.com website or Service. TrenchFantasy.com is not responsible and assumes no liability for any third party content. Player understands that the information and opinions in the third party content represent solely the thoughts of the author and are neither endorsed by nor reflect TrenchFantasy.com opinions or beliefs.

10. Links to Other Websites: The TrenchFantasy.com Service contains links to other websites or services. TrenchFantasy.com is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by TrenchFantasy.com. Inclusion of any linked website on the TrenchFantasy.com site does not imply approval or endorsement of the linked website by TrenchFantasy.com. Players access third party websites at their own risk.

11. Legal Compliance: Player agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of the TrenchFantasy.com site and the content and materials provided therein.

12. Age Restrictions: Player represents and warrants that he or she is thirteen (13) years of age or older. To register for any service or plan requiring a credit card or payment account, including registration to be the Commissioner of a private league, Player must be eighteen (18) years of age or older.

13. Disclaimers and Limitation of Liability: PLAYER AGREES THAT THE USE OF THE SERVICE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE ("SOFTWARE"), IS AT PLAYER'S SOLE RISK. NEITHER TRENCHFANTASY.COM, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ACCESS TO THE SERVICE WILL BE FREE OF OUTAGES OR UNAFFECTED BY INTERNET LATENCY, OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DOES TRENCHFANTASY.COM OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND TRENCHFANTASY.COM HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS AND SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE PLAYER'S SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE PLAYER'S ACCOUNT. IN NO EVENT WILL TRENCHFANTASY.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL PLAYERS.

14. Indemnification: Player agrees to defend, indemnify and hold harmless TrenchFantasy.com, its affiliates, Content Providers and their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable attorneys' fees, arising out of any use of the Player's Account.

15. Disruption of Actual Major League Play: TrenchFantasy.com will provide no refunds if the National Football League football season ends abruptly or is shortened for any reason.

16. Notices: TrenchFantasy.com may give notices to Player, at TrenchFantasy.com's option, by posting a message on the Service, by electronic or conventional mail or by any other means by which Player’s obtain actual knowledge thereof. Notices by Players to TrenchFantasy.com must be given by electronic or conventional mail. Notices to TrenchFantasy.com by electronic mail must be sent to support@TrenchFantasy.com. Notices to TrenchFantasy.com by conventional mail must be sent to: Trenches, Inc., or TrenchFantasy.com, 2212 Queen Ave North, Suite 305, Seattle, WA 98109, Attention: Support. Notices by a Player to TrenchFantasy.com will not change the terms of this Agreement or any TrenchFantasy.com Operating Rule, unless an authorized officer of TrenchFantasy.com expressly accepts the change in writing.

17. Content Provider Notices: Certain Content Providers require TrenchFantasy.com to provide to Players specific notices regarding the use of information supplied by them and the limitation of their liability to Players. Player agrees to be bound by the following terms and conditions of TrenchFantasy.com Content Providers.

USE. Subject to the terms and conditions of the Agreement, TSN hereby grants to Subscriber a limited, non-exclusive, non-transferable license to parse, display and/or publish TSN Content on Subscriber’s web site located at www.trenchfantasy.com or such successor domain names as Subscriber may elect, including delivery to mobile computing devices, for use by Subscriber and its customers in connection with the fantasy football game operated by Subscriber through said website. Any other use by Subscriber of TSN Content in any manner other than as permitted herein shall entitle TSN, in its sole discretion, in addition to all other remedies it has under the Agreement and at law or in equity, to immediately terminate the Service. Receipt of the Service by Subscriber is conditioned upon Subscriber’s strict compliance with the provisions of the Agreement and all local, state and federal regulations that pertain to the use of the Service and/or TSN Content.

LIMITATION OF LIABILITY. In no event shall TSN, its network, or any other common carrier transmitting the Service have any liability whatsoever for any claim, loss, damages (whether direct, incidental, consequential, special or indirect, such as loss of business or profits or otherwise) caused or alleged to be caused by the Service, TSN Content, equipment, or installation thereof, or by any inadequacy or deficiency therein, relating to or arising under this Agreement. TSN makes no warranty, express or implied, as to the quality, merchantability, completeness or fitness for any purpose of the Service, TSN Content or (except as specifically set forth in this Agreement) as to any other matter; all such warranties by TSN are hereby excluded and disclaimed and waived by Subscriber.

18. Reporting Violations: If you become aware that any other Player is violating any of the Terms of Use or Operating Rules of TrenchFantasy.com, please notify us immediately.

19. Termination: TrenchFantasy.com or Player may terminate this Agreement and the Player's Account at any time, with or without cause. In the event Player is dissatisfied with the Service for any reason whatsoever, the only right available to Player is to terminate the Player's Account by contacting TrenchFantasy.com pursuant to this Agreement. TrenchFantasy.com may suspend or terminate Player's Account, without notice, in the event of any breach by the Player of this Agreement or any Operating Rules or for other conduct by the Player which TrenchFantasy.com, in its sole discretion, considers to be unacceptable. Suspension or termination of a Player's Account means that the Service will no longer be accessible to the Player. TrenchFantasy.com shall not be responsible for any consequence, damage or harm resulting from the suspension or termination of a Player Account. Suspension or termination of a Player's Account by TrenchFantasy.com also terminates the Player's license to use any software provided by TrenchFantasy.com. The provisions of this Agreement will survive the termination of the Agreement or the Player's Account, whether by TrenchFantasy.com or the Player.

20. Use of Player Information: TrenchFantasy.com reserves the right, and Player authorizes the use and assignment of, all information provided by Player in any manner consistent with this Agreement or the TrenchFantasy.com Privacy Policy. The TrenchFantasy.com Privacy Policy, as it may change from time to time, is a part of this Agreement. You may review this Privacy Policy by clicking on the Privacy Policy link.

21. Disputes: Any controversy or claim arising out of, in connection with, or in any way relating to the Agreement, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association (“AAA") Commercial Arbitration Rules (“AAA Rules"), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules"). The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.

You and TrenchFantasy.com agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or TrenchFantasy.com’s intellectual property rights; and (2) any claim for injunctive relief.

For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and TrenchFantasy.com agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Seattle, Washington. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Agreement and the relationship between you and TrenchFantasy.com shall be governed by the laws of the State of Washington without regard to conflict of law provisions.

22. Notice of Copyright Infringement: TrenchFantasy.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Players who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a Notice containing the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

TrenchFantasy.com’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

By mail:

Trench Fantasy
Att’n: Copyright Agent
2212 Queen Anne Ave North Suite 305
Seattle, WA 98109

By email: copyright@trenchfantasy.com

23. Miscellaneous: Entire Agreement. This Agreement, the Privacy Policy and the Operating Rules constitute the entire and only agreement between TrenchFantasy.com and the Player with respect to the Service, and supersede all other communications and agreements with respect to the subject matter hereof. TrenchFantasy.com may modify this Agreement, from time to time, as described above. The provisions of this Agreement are for the benefit of TrenchFantasy.com, its Content Providers and their respective employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions.

Limitations. Any cause of action by Player with respect to Trenches, Inc. must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 13 and Section 14.

Contract Interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. To the extent that anything in or associated with TrenchFantasy.com is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect and shall be construed in a manner consistent with the parties’ intentions.

No Waiver. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

24. California Players: TrenchFantasy.com is a service provided by Trenches, Inc. DBA TrenchFantasy.com, 2212 Queen Anne Ave North, Suite 305, Seattle, WA 98109, telephone number 1-206-257-9346. Fees and charges for the Service vary depending on the Subscription Plan and Services selected by the Player. Players may review a schedule of the Subscription Plan and Services. TrenchFantasy.com reserves the right to change the amount of any fee or charge and to institute new fees or charges upon thirty days' notice to the Players of the Service. If you have a complaint or desire further information on Subscription Plans and Services, contact TrenchFantasy.com by telephone at 1-206-257-9346. Players in California may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at 1-800-952-5210.

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